Local Rule General L.R. 5.2: Sealed Documents

General L.R. 5.2. Sealed Documents The following procedures govern documents under seal in criminal and civil cases in this District.

(a) General. A "sealed document" is a document access to which, other than by the Court or its authorized personnel, is prohibited or restricted. Portions of a document cannot be filed or placed under seal - only the entire document may be sealed. No sealed document may be unsealed or disclosed except upon order of the Court or in compliance with this Rule.

(b) Procedures for Filing a Sealed Document.

(1) Format. Any sealed document must be filed and conspicuously labeled "SEALED."

(2) Motion to Seal. To obtain a sealing order, a party must file an unsealed written motion containing:

(A) A generic, non-confidential identification of the document to be sealed;

(B) The basis upon which the party seeks the order, including the reasons why alternatives to sealing are inadequate; and

(C) The duration for which sealing is requested.

The moving party also must attach to the motion a proposed unsealed order granting the motion and setting forth the basis for the Court's action.

The moving party also must file, in camera and under seal, the document proposed to be sealed. The CM/ECF "Sealed Document(s)" event may be used for this filing. The document will be kept under seal by the Clerk, pending a decision by the Court on the motion. If the motion to seal is denied, the Clerk will delete the document from the Electronic Case Filing System and return any conventionally filed document to the party, unless the Court orders otherwise.

(3) Public Notice of Motion to Seal or Sealing Order. A motion to seal, and any order to seal, must be docketed according to the Administrative Procedures of the Court.

(4) Objection to Sealing. Any person or entity, whether a party or not, may object to a motion to seal a document or may file a motion to unseal a document previously sealed.

(5) Agreement by Parties. These provisions do not limit the ability of the parties, by agreement, to restrict access to documents that are not filed with the Court. Any agreement calling for the sealing of any document to be filed with the Court is subject to the provisions of this Rule.

(6) Extension of Sealing. No order to seal will be extended except upon a subsequent order of the Court obtained in accordance with this Rule.

(7) Sealed Case. No case may be sealed in its entirety except by order of the Court obtained in accordance with this Rule and applicable law.

(c) Exceptions.

(1) No motion or order is required to file the following under seal:

(A) An unredacted version of a document containing personal data identifiers, filed in compliance with these Rules, the Federal Rules of Procedure, or the E-Government Act;

(B) An ex parte motion or application where sealing is permitted or required by law;

(C) Presentence investigation reports, pretrial services reports, psychiatric or psychological evaluations in criminal cases, including documents incorporating the content of the foregoing documents;

(D) Affidavits submitted in support of a motion for in forma pauperis status;

(E) Motions, orders, notices, and other matters occurring before the grand jury, subject to the provisions of Fed. R. Crim. P. 6;

(F) Applications and orders for the disclosure of tax information (26 U.S.C. § 6103);

(G) Motions and orders involving the Classified Information Procedures Act (18 U.S.C. app 3 §§ 1-16) or Foreign Intelligence Surveillance Act (50 U.S.C. § 1801);

(H) Pleadings and documents involving the Juvenile Delinquency Act;

(I) Requests and orders for authorization of investigative, expert, or other services pursuant to the Criminal Justice Act; or

(J) Other documents required by law to be filed under seal.

(2) No publicly filed motion or order under this Rule is required for sealing the following:

(A) Motion by the United States for a downward departure or reduction of sentence in a criminal case, with leave of Court upon a showing of particular need in an individual case to prevent serious harm; or

(B) Search, seizure, and arrest warrants and affidavits.

(3) A publicly filed motion and order citing only the statutory authority for sealing is required for the following:

(A) Applications and orders for pen/trap devices (18 U.S.C. § 2703); and

(B) Applications and orders for wire, oral, or electronic communication interception (18 U.S.C. § 2516).

(d) Unsealing. Unless the Court orders otherwise, the Clerk will unseal the following sealed documents when indicated:

(1) Search Warrant. After the search is executed and the warrant is returned to the Clerk.

(2) Arrest Warrant, and In a Violation Case, Any Violation Report. After the arrest is made.

(3) Indictment. Upon the arrest or appearance of a single Defendant. In multi-Defendant cases, and unless the Court orders otherwise, upon the earliest of any of the following:

(A) Ten (10) days following the arrest of any Defendant;

(B) Thirty (30) days after return of the indictment; or

(C) When all Defendants have been arrested or summoned.

In criminal cases, each Defendant must be provided with a copy of the charges against that Defendant (with other portions redacted, if necessary), even if the indictment or complaint is otherwise sealed. In multi-Defendant cases in which the indictment is to remain sealed, the government is responsible for submitting to the Magistrate Judge for approval, reasonably in advance of the initial appearance, an appropriately redacted indictment for disclosure to the Defendant and to the public.

(4) Criminal Complaint. Thirty (30) days after issuance or when all Defendants named are in custody or have been summoned, whichever is the earliest.

(5) Other Sealed Documents. The documents will be unsealed 120 days from the date of entry of the sealing order, unless the Court by order provides otherwise.