District of Delaware Sealing & Redaction Procedures

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Civil cases

17. Papers Filed Under Seal. When filing papers under seal, counsel shall deliver to the Clerk an original and two copies of the papers. A redacted version of

Summary: When filing under seal, deliver original and two copies to the Clerk; also file a redacted version.

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Civil cases

When filing papers under seal, counsel shall deliver to the Clerk an original and two copies of the papers. A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Summary: Sealed documents require 1 original + 2 copies to Clerk; electronic redacted version within 7 days.

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Civil cases

When filing papers under seal, counsel shall deliver to the Clerk an original and two copies of the papers. A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Summary: Sealed filings require original plus 2 copies to Clerk, with redacted version filed electronically within 7 days.

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Civil cases

When filing papers under seal, counsel shall deliver to the Clerk an original and two copies of the papers. A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Summary: Sealed papers require original plus two copies to Clerk; redacted version must be filed electronically within 7 days.

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Civil cases

When filing papers under seal, counsel shall deliver to the Clerk an original and two copies of the papers. A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Summary: Sealed papers require an original and two copies delivered to the Clerk, with a redacted version filed electronically within 7 days.

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Civil cases

In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Summary: Redacted version of sealed documents must be filed electronically within 7 days.

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Civil cases

In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Summary: Redacted versions of sealed documents must be filed electronically within 7 days of filing the sealed document.

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The contents of any written and oral statements made by the participants or their representatives during or in relation to a court-sponsored ADR proceeding, including any ADR-related telephonic or other communications made directly to the Court at any point in the case, are confidential. Disclosure of confidential ADR communications is prohibited, except as authorized by the Court or agreed to by the parties. The ADR process itself is confidential and not open to the public.

Summary: All ADR proceedings and communications are confidential; disclosure is prohibited unless authorized by the Court or agreed by the parties.

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Civil cases

In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document must be filed electronically within seven (7) days of the filing of the sealed document.

Summary: Redacted version of sealed documents must be filed electronically within 7 days.

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Civil cases

Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript. With their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosure of the redacted material would work a clearly defined and serious injury to the party seeking redaction.

Summary: Parties must note intent to seal transcript at start of proceeding, and file a motion for sealing/redaction promptly after transcript completion, with highlighted and proposed redacted transcripts, and show good cause.

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Civil cases

In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Summary: Redacted version of sealed document must be filed electronically within 7 days of filing the sealed document.

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Civil cases

When filing papers under seal, counsel shall deliver to the Clerk an original and one copy of the papers. A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Summary: Sealed papers require original and copy to Clerk; redacted version due within 7 days.

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Civil cases

When filing papers under seal, counsel shall deliver to the Clerk an original and one copy of the papers. A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Summary: Sealed papers require original and copy delivered to Clerk; redacted version filed electronically within 7 days.

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Civil cases

Deadline

7 days ?

When filing papers under seal, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Summary: Redacted version of sealed documents must be filed electronically within 7 days.

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Civil cases

When filing papers under seal, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Summary: Redacted version of sealed documents must be filed electronically within 7 days.

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Civil cases

When filing papers under seal, counsel shall follow the District Court’s policy on Filing Sealed Civil Documents in CM/ECF and section G of the Administrative Procedures Governing Filing and Service by Electronic Means. A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Summary: Redacted version of sealed documents must be filed electronically within 7 days.

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Civil cases

Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should the party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments: (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted; and (2) a copy of the proposed redacted/sealed transcript. With its request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosure of

Summary: Transcript sealing/redaction requires motion with highlighted transcript and proposed redacted version.

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Civil cases

When filing papers under seal, counsel shall follow the District Court's policy on Filing Sealed Civil Documents in CM/ECF and section G of the Administrative Procedures Governing Filing and Service by Electronic Means. A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Summary: Redacted versions of sealed documents must be filed electronically within 7 days of the sealed filing.

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Civil cases

Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should the party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments: (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted; and (2) a copy of the proposed redacted/sealed transcript. With its request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosure of

Summary: Transcript sealing requires advance notice at proceeding start, followed by motion with highlighted complete transcript and proposed redacted version, plus good cause demonstration.

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The contents of any written and oral statements made by the participants or their representatives during or in relation to a court-sponsored ADR proceeding, including any ADR-related telephonic or other communications made directly to the Court at any point in the case, are confidential. Disclosure of confidential ADR communications is prohibited, except as authorized by the Court or agreed to by the parties. The ADR process itself is confidential and not open to the public.

Summary: ADR communications are confidential and not open to the public.

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The contents of any written and oral statements made by the participants or their representatives during or in relation to a court-sponsored ADR proceeding, including any ADR-related telephonic or other communications made directly to the Court at any point in the case, are confidential. Disclosure of confidential ADR communications is prohibited, except as authorized by the Court or agreed to by the parties. The ADR process itself is confidential and not open to the public. Any communications regarding the ADR/mediation process, including but not limited to the scheduling or rescheduling of teleconferences or mediation dates, are not to be e-filed or docketed. Mediation statements are not to be e-filed or docketed.

Summary: ADR proceedings, communications, and mediation statements are confidential and must not be e-filed or docketed.

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In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document must be filed electronically within seven (7) days of the filing of the sealed document.

Summary: Redacted version of sealed documents must be filed electronically within 7 days.

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a redacted version of any sealed document must be filed electronically within seven (7) days of the filing of the sealed document.

Summary: A redacted version of any sealed document must be filed electronically within 7 days of the sealed document filing.

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Civil cases

In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document must be filed electronically within seven (7) days of the filing of the sealed document.

Summary: Redacted version of sealed documents must be filed electronically within 7 days.

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Civil cases

a redacted version of any sealed document must be filed electronically within seven (7) days of the filing of the sealed document.

Summary: Redacted versions of sealed documents must be filed electronically within 7 days of the sealed document filing.

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Civil cases

Absent a protective order, any party who wishes to file a document under seal must seek leave of Court to do so.

Summary: Parties must seek leave of Court to file documents under seal unless a protective order is in place.

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Civil cases

Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript. With their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosures of the redacted material would work a clearly defined and serious injury to the party seeking redaction.

Summary: Parties must note intent to seal transcript at start of proceeding, then file a motion for sealing/redaction promptly after transcript completion, with highlighted and proposed redacted transcripts, and demonstrate good cause.

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Civil cases

Absent a protective order, any party who wishes to file a document under seal must seek leave of Court to do so.

Summary: Parties must seek leave of Court before filing any document under seal.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript. With their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosures of the redacted material would work a clearly defined and serious injury to the party seeking redaction.

Summary: Parties must note intent to seal transcript at start of proceeding; if later seeking sealing, must file motion with highlighted and proposed redacted transcripts and show good cause.

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Civil cases

In accordance with section G of the Court's Revised Administrative Procedures Governing Filing and Service by Electronic Means, available at https://www.ded.uscourts.gov/manualsprocedures, a redacted version of any sealed document shall be filed electronically within seven (7) days after the filing of the original sealed document. Courtesy paper copies of sealed documents (see ¶ 5, above) shall be filed with the Clerk's Office, however, courtesy copies of redacted versions of sealed documents shall not be filed, unless otherwise ordered.

Summary: Redacted version of sealed document must be filed electronically within 7 days; courtesy copies of sealed documents go to Clerk's Office; courtesy copies of redacted versions not required unless ordered.

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Civil cases

In accordance with section G of the Court’s Revised Administrative Procedures Governing Filing and Service by Electronic Means, available at https://www.ded.uscourts.gov/manualsprocedures, a redacted version of any sealed document shall be filed electronically within seven (7) days after the filing of the original sealed document. Courtesy paper copies of sealed documents (see ¶ 5, above) shall be filed with the Clerk’s Office, however, courtesy copies of redacted versions of sealed documents shall not be filed, unless otherwise ordered.

Summary: Redacted sealed documents must be filed electronically within 7 days; paper copies of sealed documents required but not redacted versions.

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Civil cases

In accordance with section G of the Court's Revised Administrative Procedures Governing Filing and Service by Electronic Means, available at https://www.ded.uscourts.gov/manualsprocedures, a redacted version of any sealed document shall be filed electronically within seven (7) days after the filing of the original sealed document. Courtesy paper copies of sealed documents (see ¶ 5, above) shall be filed with the Clerk's Office, however, courtesy copies of redacted versions of sealed documents shall not be filed, unless otherwise ordered.

Summary: Redacted versions of sealed documents must be filed electronically within 7 days; courtesy copies of sealed docs go to Clerk's Office but redacted versions do not.

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The contents of any written and oral statements made by the participants or their representatives during or in relation to a court-sponsored ADR proceeding, including any ADR-related telephonic or other communications made directly to the Court at any point in the case, are confidential. Disclosure of confidential ADR communications is prohibited, except as authorized by the Court or agreed to by the parties. The ADR process itself is confidential and not open to the public.

Summary: ADR communications are confidential and disclosure is prohibited except by court authorization or party agreement.

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The contents of any written and oral statements made by the participants or their representatives during or in relation to a court-sponsored ADR proceeding, including any ADR-related telephonic or other communications made directly to the Court at any point in the case, are confidential. Disclosure of confidential ADR communications is prohibited, except as authorized by the Court or agreed to by the parties. The ADR process itself is confidential and not open to the public.

Summary: All ADR proceedings and communications are confidential and not open to public disclosure without court authorization or party agreement.

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Civil cases

The contents of the mediation statements and the mediation conference discussions, including any resolution or settlement, shall remain confidential, shall not be used in the present litigation nor any other litigation (whether presently pending or filed in the future), and shall not be construed as nor constitute an admission. Breach of this provision shall subject the violator to sanctions.

Summary: Mediation statements and conference discussions are confidential, cannot be used in any litigation, and breach is subject to sanctions.

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Civil cases

When filing papers under seal, counsel should deliver to the Clerk an original and one (1) copy of the papers. In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Summary: Sealed papers require original + 1 copy to Clerk; redacted version due within 7 days.

Machine summary. Not checked yet.CRITICAL?

Civil cases

When filing papers under seal, counsel should deliver to the Clerk an original and one (1) copy of the papers. In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Summary: Sealed papers require original plus one copy to Clerk; redacted version must be e-filed within 7 days.

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Civil cases

When filing papers under seal, counsel shall follow the District Court’s policy on Filing Sealed Civil Documents in CM/ECF and section G of the Administrative Procedures Governing Filing and Service by Electronic Means. A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Summary: Sealed filings must follow District Court policy and section G; a redacted version must be filed electronically within 7 days.

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Civil cases

The mediation statements shall not be filed with the Clerk's Office, nor emailed to Chambers without permission, but shall be delivered to the Clerk's Office in an envelope addressed to U. S. Magistrate Judge Sherry R. Fallon and marked "CONFIDENTIAL MEDIATION STATEMENT." The statements shall not be exchanged among the parties or counsel (unless the parties so desire), shall not be provided to the trial judge, and shall not become part of the record in this matter.

Summary: Mediation statements are confidential: not filed with the Clerk's Office, not emailed to Chambers without permission, not exchanged among parties, not provided to the trial judge, and not part of the record.

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Civil cases

The contents of the mediation statements and the mediation conference discussions, including any resolution or settlement, shall remain confidential, shall not be used in the present litigation nor any other litigation (whether presently pending or filed in the future), and shall not be construed as nor constitute an admission. Breach of this provision shall subject the violator to sanctions.

Summary: Mediation statements and conference discussions are confidential, cannot be used in litigation, and breach is subject to sanctions.

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The contents of any written and oral statements made by the participants or their representatives during or in relation to a court-sponsored ADR proceeding, including any ADR-related telephonic or other communications made directly to the Court at any point in the case, are confidential. Disclosure of confidential ADR communications is prohibited, except as authorized by the Court or agreed to by the parties. The ADR process itself is confidential and not open to the public.

Summary: ADR communications are confidential and disclosure is prohibited except as authorized by the Court or agreed to by the parties.

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Civil cases

In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Summary: Redacted version of sealed document due within 7 days.

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Civil cases

Should the party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments: (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted; and (2) a copy of the proposed redacted/sealed transcript.

Summary: To request sealing/redaction of a transcript, file a motion with highlighted complete transcript and proposed redacted version.

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Except in emergency situations, no documents may be filed under seal without first obtaining leave. All motions for leave to seal documents should be filed of record with a courtesy copy contemporaneously emailed to Chambers of the motion and all documents to be sealed. If a party files redacted documents in an emergency situation, counsel must immediately provide Chambers with a courtesy copy of the documents without redactions. Parties are expected to comply redact personal identifiers without an order.

Summary: Motions to seal require prior leave except in emergencies; redacted and unredacted copies must be filed appropriately.

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We will schedule in camera hearings to address motions to seal extensive materials where trial counsel shall appear and show cause as to each line of material counsel deems warrants precluding public access.

Summary: In camera hearings are scheduled for motions to seal extensive materials, requiring trial counsel to appear and show cause for each line of material to be sealed.

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Required

Always ?

Any party seeking to file documents under seal must present the motion (under Section IV. below) as narrowly as possible, articulate good cause consistent with our Court of Appeals’ precedent, and contemporaneously email the documents sought to be sealed to our Chambers.

Summary: Motions to seal must be narrowly tailored, articulate good cause, and include contemporaneous email of sealed documents to chambers.

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Civil cases

A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Summary: Redacted version of sealed documents must be filed electronically within 7 days of filing the sealed document.

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Civil cases

Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted and (2) a copy of the proposed redacted/sealed transcript.

Summary: To seal a transcript, note intent at start of proceeding and file a motion with highlighted and proposed redacted transcripts.

Machine summary. Not checked yet.WARNING?

Civil cases

Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript. With their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosures of the redacted material would work a clearly defined and serious injury to the party seeking redaction.

Summary: Procedure for sealing/redacting transcripts: note intent at start, file motion with attachments promptly after transcript, demonstrate good cause.

Machine summary. Not checked yet.WARNING?

Civil cases

When filing papers under seal, counsel shall follow the District Court’s policy on Filing Sealed Civil Documents in CM/ECF and section G of the Administrative Procedures Governing Filing and Service by Electronic Means. A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Summary: When filing sealed documents, file a redacted version electronically within 7 days, following the District Court's sealed filing policy.

Machine summary. Not checked yet.WARNING?

Civil cases

Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should the party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments: (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted; and (2) a copy of the proposed redacted/sealed transcript. With its request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosure of ...

Summary: To seal a transcript, state intent at the start of the proceeding, then file a motion for sealing with highlighted and redacted transcript copies and good cause showing.

Machine summary. Not checked yet.WARNING?

Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding.

Summary: Parties intending to seal/redact transcript portions must note this intent at the start of the court proceeding.

Machine summary. Not checked yet.WARNING?

Civil cases

Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding.

Summary: Parties must note intent to seal/redact transcript at start of proceeding.

Machine summary. Not checked yet.WARNING?

Civil cases

Should any party subsequently choose to make a request for sealing/redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted and (2) a copy of the proposed redacted/sealed transcript.

Summary: Requests to seal or redact transcripts require filing a motion with the complete highlighted transcript and proposed redacted version attached.

Machine summary. Not checked yet.WARNING?

Civil cases

When filing papers under seal, counsel should deliver to the Clerk an original and one (1) copy of the papers. In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Summary: Sealed papers require original plus one copy delivered to Clerk; redacted version filed electronically within 7 days.

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Civil cases

The parties may choose to file their tutorial under seal, subject to any protective order in effect.

Summary: Technology tutorials may be filed under seal.

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Civil cases

IT IS HEREBY ORDERED that, for this Chambers, effective immediately it is no longer required that courtesy copies of sealed civil filings be placed in sealed envelopes.

Summary: Sealed courtesy copies no longer required in sealed envelopes.

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Civil cases

Sealed courtesy copies may, however, be placed in sealed envelopes at the discretion of counsel.

Summary: Sealed envelopes for courtesy copies optional at counsel's discretion.

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In most of Judge Murphy’s Delaware cases, the parties do not need document-by-document individual preauthorization to file under seal. In a case where counsel cannot consistently follow Avandia on their own, we will resort to the document-by-document approach.

Summary: No document-by-document preauthorization is required to file under seal in most cases; preauthorization is required if counsel cannot consistently follow the Avandia standard.

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Judge Kearney will not enter a protective order on confidentiality unless statutorily required or for particularized good cause, but will enforce private confidentiality agreements as a matter of contract law for good cause shown.

Summary: Protective orders for confidentiality are only entered if statutorily required or for particularized good cause.