Local Rule LCivR 10: Form of pleadings and other papers; filing requirements

Local Civil Rule 10. Form of pleadings and other papers; filing requirements 10.1 Paper size and format - All documents must be double spaced in 8 ½ x 11 inch format with writing on only the face of each sheet. Type must be no smaller than 12 point type and all margins must be at least one inch.

10.2 Binding - All pleadings and other papers that have numerous pages must be bound with a fastener. Originals should be stapled or bound on the top margin with a two-hole fastener. Copies may be bound in the same manner as originals or in a binder. Paper clips and other types of clips shall not be used; fasteners shall pass through the pages.

10.3 Date, address and telephone number - All pleadings and other papers shall contain the date of signing and the address and telephone number of the signing attorney or pro se party.

10.4 Number of copies - All traditionally filed documents must be filed in duplicate -- the original and one copy. If service of any paper is to be made by the United States Marshal, sufficient additional copies shall be supplied for service upon each other party. If file stamped copies of documents are requested to be returned to the offering party, a suitable self-addressed, postage paid envelope shall be supplied.

10.5 Ex parte submissions

(a) Filing of ex parte submissions - If the law allows a party to submit a pleading or other paper ex parte, the party may file the document with the Clerk without serving a copy on any other party. The document shall be properly identified on its face as Ex Parte. A registered attorney must submit any ex parte filing electronically by use of the appropriate CM/ECF event. An NEF will be generated for the ex parte document and will be transmitted to all parties. Unless modified by the filer, the NEF and docket entry will identify the document only as "Ex Parte Document" or "Ex Parte Motion."

(b) Access to ex parte filings - The docket entry and the NEF for any ex parte filing will be available for public viewing. Unless the Court specifically orders otherwise, access to ex parte documents will be available only to the party submitting the filing (or that party's registered attorneys) and to the personnel of this Court and the Court of Appeals, but not to the public or any other party.

(c) Filings by the Court - The court may issue restricted access orders in response to ex parte filings. Access to these orders will be restricted to the moving party, the personnel of this Court and the Court of Appeals. The docket entry and the NEF for any restricted access order will be identified as such and available for public viewing.

(d) Sealed Cases - If an entire case has been sealed, either by order or by operation of statute, then neither the ex parte submission nor any docket entry relating thereto will be available for public viewing, until such time as the Court orders otherwise.

10.6 Filing documents under seal

(a) Policy - To preserve the qualified, common-law presumption of public access to judicial files in civil cases, the filing of documents under seal should be the exception. Sealing is to be limited to information that is truly proprietary or confidential. The Court strongly resists the sealing of entire civil pleadings, motions or briefs, as it is rare that the entire document will merit confidential treatment. In lieu of seeking leave to file an entire document under seal, parties should incorporate the confidential material in a separate document and seek leave to file only that document under seal.

(b) Requests to seal - The procedures set forth in this rule apply to cases that have not been sealed in their entirety. Documents may be submitted under seal only if authorized by statute or by the Court for good cause shown. A person seeking leave to file a document under seal must file a motion requesting such relief, unless the Court has entered a previous order authorizing the submission of the document under seal or submission under seal is authorized by statute. The motion seeking leave to file under seal should generally be a public filing, unless the submitting party believes in good faith that public access to the motion will compromise the confidential matter. A proposed sealed document submitted by a registered attorney must be submitted electronically under seal as a separate document, under a separate docket entry, by use of the appropriate CM/ECF event. The docket entry and the NEF for any sealed document will be available for public viewing; the description of the sealed document should therefore be general in nature (e.g., sealed affidavit, sealed exhibit). The proposed sealed document shall be appropriately identified on its face as sealed, but should not contain the word "proposed." Proposed sealed documents submitted by persons other than registered attorneys must be filed in a sealed envelope bearing the case caption and number, the identity of the party submitting the documents, and a general description of the contents; the proposed sealed document will be scanned and maintained electronically under seal. If the Court denies the motion to seal in whole or in part, the proposed sealed document will remain sealed, but the Court may order the submitting party to tender a modified document, either sealed or not under seal, as the Court directs. If the Court grants leave to file the document under seal, the Clerk of Court will modify the docket entry to remove reference to "proposed."

(c) Access to sealed documents - A document filed under seal may be accessed electronically only by authorized personnel of this Court and the Court of Appeals and not by the public or any attorney or party.

(d) Service of sealed documents - A party submitting a document under seal must serve it by non-electronic means of service on all other parties.

10.7 Privacy - [Repealed] Exhibits - All exhibits or attachments to pleadings, motions, briefs, or other papers must contain on their face a prominent exhibit number or letter.