Local Rule LR Gen P 6.01: Documents Not Available to the Public

LR Gen P 6.01. Documents Not Available to the Public.

(a) Public's Right to Access: To serve the legal presumption of openness and the public's right to access to court proceedings, pleadings filed in this Court are generally filed unsealed. However, when necessary, the Court may determine that a case or documents in a case be sealed.

(b) Judicial Conference Policy: Pursuant to Judicial Conference policy, the following documents shall not be included in the public case file and will not be made available to the public at the courthouse or via remote electronic access:

1) unexecuted summonses or warrants of any kind (e.g. search warrants, arrest warrants); 2) pretrial bail or presentence investigation reports; 3) statement of reasons in the judgment of conviction; 4) juvenile records; 5) documents containing identifying information about jurors or potential jurors; 6) financial affidavits filed in seeking representation pursuant to the CJA; 7) ex parte requests for authorization of investigative, expert or other services pursuant to the CJA; 8) motions for downward departure for substantial assistance; 9) plea agreements indicating cooperation; and 10) victim statements.

c) District Policy: In addition, pursuant to district policy the following documents shall also not be included in the public case file and will not be made available to the public at the courthouse or via remote electronic access:

1) unredacted Indictments; 2) Rule 35 motions; 3) sentencing memoranda and responses thereto; 4) Prisoner Trust Fund Account Statements; 5) motions to proceed in forma pauperis; 6) psychiatric reports; 7) mediation statements; 8) mediator reports; and 9) Personal Identification Attachment to the revocation judgment.

(d) Motion for Leave to File Under Seal:

(1) Motion: To file any other document under seal, a party must first electronically file a motion for leave to file under seal. If the motion itself contains sensitive information, the party shall:

(i) Electronically file it under seal in CM/ECF and effect service of the motion traditionally, because the filing will be otherwise inaccessible to recipients of the NEF, or

(ii) File the motion with the Clerk's Office in paper. The Clerk's Office will then file the motion under seal. The parties remain responsible for effecting service of process traditionally.

(2) Memorandum: Along with the motion to file under seal, the party shall file a memorandum of law that explains why sealing is required.

(3) Exhibits:

If the motion for leave to file under seal is itself filed under seal per (d)(1)(i) or (d)(1)(ii) above, the filer shall attach the document for which sealing is sought as an exhibit to the motion.

(e) Order on Motion for Leave to File Under Seal: If the Court grants the motion for leave to file under seal, the judge will electronically enter the order authorizing the filing of the documents in the appropriate manner. The party may then file the document under seal in CM/ECF or bring the document to the Clerk's Office to be filed.

(f) Service: Sealed filings produce a NEF, but the recipient cannot open the attached document. Consequently, filers must effect service through traditional means.