District of New Jersey Sealing & Redaction Procedures

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If the parties designate as exhibits documents that are marked as confidential, a redacted set of the confidential documents should be filed on the public docket, and a separate, unredacted version of the documents should be filed under seal with the Court pursuant to Local Rule.

Summary: Confidential exhibits require a redacted public version and sealed unredacted version filed with the Court.

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If the parties designate as exhibits documents that are marked as confidential, a redacted set of the confidential documents should be filed on the public docket, and a separate, unredacted version of the documents should be filed under seal with the Court pursuant to Local Rule. During the Zoom proceeding, the Court will “screen share” only the redacted version of the confidential exhibits. The Court does not need hard copies of the redacted exhibits. In the hardcopy set of exhibits to be delivered to the Court, the confidential documents should be provided in separate sealed envelopes marked as confidential. Whenever witnesses are expected to testify on the record about confidential information, counsel must provide advanced notice so that the Court can determine whether arrangements need to be made to protect that information from anyone listening in during the Zoom proceeding.

Summary: Confidential exhibits require redacted public filings and unredacted sealed filings; hardcopies must be in sealed marked envelopes, only redacted versions are shared on Zoom, and advanced notice is required for witness testimony on confidential information.

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If the parties designate as exhibits documents that are marked as confidential, a redacted set of the confidential documents should be filed on the public docket, and a separate, unredacted version of the documents should be filed under seal with the Court pursuant to Local Rule. During the Zoom proceeding, the Court will “screen share” only the redacted version of the confidential exhibits. The Court does not need hard copies of the redacted exhibits. In the hardcopy set of exhibits to be delivered to the Court, the confidential documents should be provided in separate sealed envelopes marked as confidential. Whenever witnesses are expected to testify on the record about confidential information, counsel must provide advance notice so that the Court can determine whether arrangements need to be made to protect that information from anyone listening in during the Zoom proceeding.

Summary: Confidential exhibits must have redacted versions filed on the public docket and unredacted versions filed under seal; hardcopy confidential exhibits must be in sealed envelopes marked confidential. Counsel must provide advance notice if witnesses will testify about confidential information.

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If the parties designate as exhibits documents that are marked as confidential, a redacted set of the confidential documents should be filed on the public docket, and a separate, unredacted version of the documents should be filed under seal with the Court pursuant to Local Rule. During the Zoom proceeding, the Court will “screen share” only the redacted version of the confidential exhibits. The Court does not need hard copies of the redacted exhibits. In the hardcopy set of exhibits to be delivered to the Court, the confidential documents should be provided in separate sealed envelopes marked as confidential.

Summary: Confidential exhibits require redacted public docket versions and unredacted sealed versions filed pursuant to Local Rule; hardcopy confidential exhibits must be in sealed, marked envelopes.

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Upon a Request for Disclosure, Counsel of Record is required to meet and confer to determine what non-public information should be redacted from the Sentencing Materials in accordance with subsection iii below.

Summary: Counsel must meet and confer to determine redactions after Request for Disclosure.

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All proposed redactions to the Sentencing Materials shall be made prior to disclosure regardless of whether the parties to the underlying criminal matter agree on all the redactions.

Summary: Redactions must be made before disclosure regardless of party agreement.

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A member of the public or the press who wishes to have access to portions of the redacted sections of the Sentencing Materials shall advise the Court, via a written submission on the docket (or if unrepresented by counsel, via e-mail to the Courtroom Deputy and all Counsel of Record) that it seeks access to redactions contained within the Sentencing Materials. Such written submission shall identify the name of the requesting party, the name of counsel for the requesting party, if any, the specific portions of the sentencing memoranda sought to be disclosed, and any legal arguments supporting disclosure (not to exceed to 5 pages). Within two days of such written submission, the parties shall electronically file a response (not to exceed 5 pages).

Summary: Public/press must file written request for access to redacted sentencing materials with 5-page limit, parties respond within 2 days (5-page limit).

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Presumptively Non-Public Information includes the following: references to the Presentence Report (“PSR”); names of victims, witnesses, and other individuals whose identity is not already known to the public; statements made by the defendant and others that was not previously disclosed; sensitive personal information concerning the defendant and others, including but not limited to medical or psychological reports and data; personal identifying information such as addresses, social security numbers, account numbers, and dates of birth; and information obtained during the course of a Grand Jury or law enforcement investigation that was not previously disclosed.

Summary: Presumptively non-public information includes PSR references, victim/witness names, sensitive personal data, and law enforcement investigation information.

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All redactions should be sufficient to ensure that the content of the redacted information is not apparent from the context of the surrounding text

Summary: Redactions must be sufficient to prevent content from being apparent from surrounding context.

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If a party believes it is necessary to email Chambers instead of filing on the CM/ECF docket (e.g., sentencing material submissions or sealed documents), they must copy Judge Padin’s chambers (chambers_of_judge_evelyn_padin@njd.uscourts.gov) on their email, and a redacted version of the materials must be filed on the docket.

Summary: Sealed or sentencing materials may be emailed to Chambers if copying chambers email and filing a redacted version on CM/ECF.

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Upon a Request for Disclosure, Counsel of Record is required to meet and confer to determine what non-public information should be redacted from the Sentencing Materials in accordance with subsection iii below.

Summary: Counsel of Record must meet and confer to determine redactions upon Request for Disclosure.

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Any letters sent directly to the Court and not attached as an exhibit to a sentencing memorandum will be presumptively deemed confidential unless and until ruled otherwise by Judge Padin.

Summary: Letters sent directly to the Court not attached to a sentencing memorandum are presumptively confidential.

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Counsel of Record during the meet and confer process should take great care to redact Presumptively Non-Public Information prior to e-filing on CM/ECF. Presumptively Non-Public Information includes the following: references to the Presentence Report (“PSR”); names of victims, witnesses, and other individuals whose identity and roles were not previously disclosed; information regarding cooperation by the defendant and others that was not previously disclosed; sensitive personal information concerning the defendant and others, including but not limited to medical or psychological reports and data; personal identifying information such as addresses, social security numbers, account numbers, and dates of birth; and information obtained during the course of a Grand Jury or law enforcement investigation that was not previously disclosed. All redactions should be sufficient to ensure that the content of the redacted information is not apparent from the context of the surrounding text.

Summary: Counsel must redact Presumptively Non-Public Information prior to e-filing, including PSR references, victim names, and personal data.

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Judge Padin will not ordinarily permit the defendant or counsel for either party to review the Probation Department’s recommendations regarding sentencing.

Summary: Defendant and counsel are ordinarily not permitted to review Probation Department sentencing recommendations.

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Civil cases

Papers Filed Under Seal. The parties need not file copies with the Clerk of Court for the U.S. District Court for the District of New Jersey. The parties are not required to physically deliver original and paper copies of sealed filings to the Court. A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Summary: Sealed filings do not require physical copies; a redacted version must be filed electronically within 7 days.

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Civil cases

Before filing a motion to seal in a bankruptcy appeal, the parties are encouraged to review Local Civil Rule 601.5(c)(iv), which provides: “Records sealed in the Bankruptcy Court are sealed on appeal without the need for filing an additional motion to seal. Sealed documents must be in a separate volume, filed under a separate docket entry as sealed documents, and listed in the table of contents of the appendix as sealed documents.”

Summary: Bankruptcy appeal sealed records are presumptively sealed on appeal without additional motion, must be filed separately, and listed in the appendix TOC.

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Civil cases

Any documents filed under seal shall comply with Local Rule 5.1.

Summary: Documents filed under seal must comply with Local Rule 5.1.

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Motions to seal must comply with Local Civil Rule 5.3(c) and must include a proposed order with proposed findings of fact and conclusions of law. In addition, the proposed order must include reference to the docket entries the party seeks to seal. Counsel shall make every effort to secure the consent of all parties regarding the request to seal, and the movant shall certify as to whether all parties consent in the application. Courtesy copies of sealed documents should be sent via email to CF_Orders@njd.uscourts.gov. Parties may file motions to seal without obtaining leave of Court.

Summary: Motions to seal must comply with L.Civ.R. 5.3(c), include a proposed order with findings of fact and conclusions of law and docket entry references, certify consent, and send courtesy copies via email; leave of court is not required.

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Civil cases

Motions to seal must comply in all respects with Local Civil Rule 5.3(c) and must include a proposed order that includes findings of fact and conclusions of law, and which includes references to the docket entries that are the subject of the motion. Contemporaneously with the motion, counsel should submit to the Court, via email to jbd_orders@njd.uscourts.gov, any proposed redacted documents to be filed if the motion is granted. Counsel shall make every effort to secure the consent of all parties regarding the request to seal and the movant shall certify as to whether all parties consent in its application. Parties may file a motion to seal without obtaining leave of Court.

Summary: Motions to seal require proposed order with findings/conclusions, references to docket entries, and contemporaneous submission of redacted documents.

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Civil cases

Motions to seal must comply with Local Civil Rule 5.3(c) and must include a proposed order and proposed findings of fact and conclusions of law. In addition, the proposed order must include reference to the docket entries the party seeks to seal. Counsel shall make every effort to secure the consent of all parties regarding the request to seal and the movant shall certify as to whether all parties consent in its application.

Summary: Motions to seal must comply with Local Rule 5.3(c), include proposed order and findings, reference docket entries, and certify party consent.

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Civil cases

Motions to seal must comply with Local Civil Rule 5.3(c) and must include a proposed order and proposed findings of fact and conclusions of law. In addition, the proposed order must include reference to the docket entries the party seeks to seal.

Summary: Motions to seal require proposed order, findings of fact, conclusions of law, and docket entry references.

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Motions to seal must comply with Local Civil Rule 5.3(c) and must include a proposed order and proposed findings of fact and conclusions of law. In addition, the proposed order must include reference to the docket entries the party seeks to seal. Counsel shall make every effort to secure the consent of all parties regarding the request to seal and the movant shall certify as to whether all parties consent in the application.

Summary: Motions to seal must include proposed order (referencing docket entries to seal), proposed findings of fact/conclusions of law, and certify all party consent.

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When letters are attached to a sentencing memorandum, those letters should be grouped together as attachments to a single document. Any letters sent directly to the Court and not attached as an exhibit to a sentencing memorandum will be presumptively deemed confidential unless and until ruled otherwise by Judge Salas.

Summary: Letters attached to sentencing memoranda must be grouped as single document; letters sent directly to Court are presumptively confidential.

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The Magistrate Judge handles motions to seal.

Summary: Magistrate Judge handles motions to seal.

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The assigned Magistrate Judge handles motions to seal.

Summary: Motions to seal are handled by the assigned Magistrate Judge.

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Any documents filed under seal shall comply with Local Civil Rule 5.1.

Summary: Sealed documents must comply with Local Civil Rule 5.1.

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Civil cases

Settlement letters and discovery dispute letters containing information subject to a Discovery Confidentiality Order may be submitted to the Court by email to AME_orders@njd.uscourts.gov.

Summary: Settlement and discovery dispute letters under confidentiality order may be emailed to AME_orders@njd.uscourts.gov.