Southern District of California Sealing & Redaction Procedures

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Civil cases

When a sealing motion seeks redactions from the public record, the provisionally sealed materials must be marked for redaction under Civil Chambers Rule 2.

If a motion to seal seeks to redact portions of materials from the public record, the provisionally sealed version of those materials must be marked for redaction in accordance with Civil Chambers Rule 2 (Redactions).

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A document or portion may be filed under seal only with a court order; the sealing application must be served on opposing counsel and any different custodian, who must notify the judge’s chambers if opposing it.

No document shall be filed under seal unless counsel secures a court order allowing the filing of a document, or portion thereof, under seal. An application to file a document under seal shall be served on opposing counsel, and on the person or entity that has custody and control of the document, if different from opposing counsel. If opposing counsel, or the person or entity who has custody and control of the document, wishes to oppose the application, they must contact the chambers of the judge who will rule on the application to notify the Court that an opposition to the application will be filed.

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

The Court may seal documents to protect sensitive information, limiting sealing to only the documents or portions necessary for that protection.

The Court may seal documents to protect sensitive information; however, the documents to be filed under seal will be limited by the Court to only those documents, or portions thereof, necessary to protect such sensitive information.

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Criminal cases

Before filing the documents to be sealed, the original sealing motion and documents should be submitted to the Clerk’s Office, which will forward them to chambers for review.

The original motion to seal, and the documents to be sealed, should be submitted to the Clerks’ Office prior to filing them. The Clerk’s Office will forward the documents to chambers for review.

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Criminal cases

The Court may seal only documents or portions necessary to protect sensitive personal or confidential information, and suggests submitting sensitive material separately.

There is a presumptive right of public access to court records based upon common law and first amendment grounds. 1 Even where a public right of access exists, such access may be denied by the Court in order to protect sensitive personal or confidential information. The Court may seal documents to protect sensitive information, however, the documents to be filed under seal will be limited by the Court to only those documents, or portions thereof, necessary to protect such sensitive information. Therefore, it is suggested that sensitive material be submitted in a separate document.

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Criminal cases

The Court recommends seeking to seal documents filed with sentencing documents, noticed motions, or oppositions or replies to noticed motions before filing those documents.

The Court recommends that parties seeking to seal documents that will be filed in conjunction with sentencing documents, noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents.

Checked and corrected to match the court's document on Oct 4, 2026WARNING

A request to file information under seal requires a specific justification; vague references to competitive harm are almost always insufficient.

The Court will scrutinize any request to file information under seal, and a request will only be granted if a specific showing is made that justifies sealing. Generic and vague references to “competitive harm” will almost always be insufficient to justify sealing.

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Civil cases

The Court recommends seeking to seal documents associated with noticed motions before filing those documents.

The Court recommends that parties seeking to seal documents that will be filed in conjunction with noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents.

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Criminal cases

Motions to Seal: Before filing a sealing motion, the parties must meet and confer to agree on the narrowest possible sealing order, in accordance with Criminal Chambers Rule 6 (Meet-and-Confer Requirement). If a motion to seal seeks to redact portions of materials from the public record, the provisionally sealed version of those materials must be marked for redaction in accordance with Criminal Chambers Rule 2 (Redactions). The parties must explain in a table format the grounds on which they seek to seal each redaction. Motions that merely recite a general privilege category, or that do not provide a particularized explanation for every piece of information sought to be sealed, will be summarily denied.

Summary: Before filing a motion to seal, parties must meet and confer on the narrowest sealing order, mark provisionally sealed redactions per Rule 2, and explain in table format the particularized grounds for each redaction, or the motion will be summarily denied.

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Civil cases

There is a presumptive right of public access to court records based upon common law and the First Amendment. Any motion to file information under seal must be supported by articulable facts showing a compelling reason to limit public access to court filings.

Summary: Any motion to file information under seal must be supported by articulable facts showing a compelling reason to limit public access to court filings.

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Civil cases

B. Filing Documents Under Seal. No document may be filed under seal, except pursuant to a court order that authorizes the sealing of the particular document, or portion of the document. A sealing order may issue only upon a showing that the information is privileged or protectable under the law. The request must be narrowly tailored to seek sealing only of the confidential or privileged material.

Summary: Documents may be filed under seal only pursuant to a court order based on a showing that the information is privileged or protectable, and sealing requests must be narrowly tailored to the confidential or privileged material.

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Civil cases

To file a document under seal, the parties must comply with the procedures explained in Section 2.j of the Electronic Case Filing Administrative Policies and Procedures Manual for the United States District Court for the Southern District of California and Civil Local Rule 79.2.

Summary: Sealed filings must follow the procedures in Section 2.j of the ECF Administrative Policies and Procedures Manual and Civil Local Rule 79.2.

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Civil cases

In addition, a party must file a redacted version of any document that it seeks to file under seal. In the redacted version, the party may redact only information that is deemed "Confidential."

Summary: A party seeking to file a document under seal must also file a redacted version in which only information designated "Confidential" is redacted.

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Criminal cases

Redactions: A party relying on a transcript or an audio/visual exhibit for court must provide the transcript or exhibit to the other side sufficiently before the relevant court appearance to allow the parties to meet and confer on any possible redactions or portions to be shown or heard. After that meet-and-confer process, if any disputes remain, a party seeking a court ruling on any transcript disputes must mark the proposed redactions using these or similar methods:

Summary: Parties relying on transcripts or A/V exhibits must provide them to the other side well before the court appearance to meet and confer on redactions, and any disputed redactions must be marked using the specified methods when seeking a court ruling.

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Civil cases

The party should file the redacted document(s) simultaneously with a joint motion or ex parte application requesting that the confidential portions of the document(s) be filed under seal and setting forth good cause for the request.

Summary: Redacted documents should be filed simultaneously with a joint motion or ex parte application seeking sealing and showing good cause.

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Criminal cases

Motions that merely recite a general privilege category, or that do not provide a particularized explanation for every piece of information sought to be sealed, will be summarily denied.

Summary: A sealing motion that only cites a general privilege category or lacks a particularized explanation for each item sought to be sealed will be summarily denied.

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If a motion to seal seeks to redact portions of materials from the public record, the provisionally sealed version of those materials must be marked for redaction in accordance with Civil Chambers Rule 2 (Redactions).

Summary: When a sealing motion seeks redaction from the public record, the provisionally sealed materials must be marked for redaction under Civil Chambers Rule 2.

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Civil cases

If a motion to seal seeks to redact portions of materials from the public record, the provisionally sealed version of those materials must be marked for redaction in accordance with Civil Chambers Rule 2 (Redactions).

Summary: Redacted materials must be marked for sealing motions.

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Civil cases

The parties must explain in a table format the grounds on which they seek to seal each redaction.

Summary: Grounds for sealing must be explained in table format.

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Civil cases

Motions that merely recite a general privilege category, or that do not provide a particularized explanation for every piece of information sought to be sealed, will be summarily denied.

Summary: Sealing motions must provide particularized explanations for each redaction.

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Civil cases

After that meet-and-confer process, if any disputes remain, a party seeking a court ruling on any transcript disputes must mark the proposed redactions using these or similar methods:

Summary: Proposed redactions must be marked if disputes remain after meet-and-confer.

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Civil cases

If a motion to seal seeks to redact portions of materials from the public record, the provisionally sealed version of those materials must be marked for redaction in accordance with Civil Chambers Rule 2 (Redactions).

Summary: Materials submitted with a sealing motion must be marked for redaction in the provisionally sealed version.

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Criminal cases

Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); (3) affidavits or declarations in support of the motion; and (4) the documents to be sealed.

Summary: Motion to seal must include description, legal analysis, supporting affidavits, and documents.

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Criminal cases

The Court recommends that parties seeking to seal documents that will be filed in conjunction with sentencing documents, noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents. The original motion to seal, and the documents to be sealed, should be submitted to the Clerks' Office prior to filing them. The Clerk's Office will forward the documents to chambers for review.

Summary: Motions to seal must be submitted to the Clerk's Office before filing the underlying documents for chambers review.

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Civil cases

If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF.

Summary: Denied seal motions result in immediate public filing.

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Civil cases

If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF.

Summary: If the Court denies a motion to seal filed with a noticed motion, the documents will immediately be filed publicly on CM/ECF.

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Criminal cases

If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF.

Summary: If the Court denies a motion to seal filed with a noticed motion, the documents will immediately be publicly filed on CM/ECF.

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Civil cases

If the party filing the non-discovery motion (or opposition thereto) intends to cite or attach documents or information that it believes should be filed under seal, the moving party must file a motion to file documents under seal at least seven calendar days prior to the date on which it intends to file the non-discovery motion.

Summary: Motion to seal must be filed at least 7 calendar days before non-discovery motion.

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Civil cases

The designating party will then have four business days from the date of the notice to file a motion to file documents under seal.

Summary: Designating party has 4 business days to file motion to seal after notice.

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Civil cases

If the designating party does not timely file a motion to file documents under seal, the confidential designation will be deemed waived, and the party seeking to use the documents or information will file it publicly in connection with its motion or opposition.

Summary: Confidential designation waived if motion to seal not filed within deadline.

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Criminal cases

Parties seeking a sealing order must provide the Court with: (1) a specific description of particular documents or categories of documents they need to protect; and (2) declarations showing a compelling reason or good cause to protect those documents from disclosure. The standard for filing documents under seal will be strictly applied.

Summary: Sealing orders require specific description and declarations showing compelling reason.

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Civil cases

A party seeking a sealing order must provide the Court with: (1) a specific description of particular documents or categories of documents to be protected; and (2) declaration(s) showing a compelling reason or good cause to protect those documents from disclosure.

Summary: Sealing requests require specific document description and compelling reason declaration

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Civil cases

If a party is seeking to file under seal either: (a) more than five documents; or (b) documents with redactions on more than twenty-five pages, the party must append a table to its briefing.

Summary: Voluminous sealing requests (>5 docs or >25 redacted pages) require a table

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Civil cases

Any document submitted for filing under seal (including motions, responses, declarations, exhibits, etc.) must be accompanied by a motion authorizing such filing.

Summary: Motion to seal required for any sealed filing.

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Civil cases

The motion to seal must provide the Court with a specific description of the particular documents or categories of documents to be protected, including, for each document subject to the motion, whether the moving party seeks to seal the document in full or in part (i.e., with redactions).

Summary: Motion to seal must specify documents/categories and whether sealed in full or part.

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Civil cases

The motion to seal must be accompanied by declaration(s) from individual(s) with knowledge of the content of the documents demonstrating a compelling reason or good cause to protect those documents from disclosure.

Summary: Declarations required to demonstrate compelling reason for sealing.

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Civil cases

documents in CM/ECF using the “Sealed Lodged Proposed Document” in accordance with Section 2(j) of the ECF Manual. If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court’s consideration.

Summary: Sealed documents must be lodged using ECF "Sealed Lodged Proposed Document" format.

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Civil cases

The party requesting a sealing order must also file a “public” version of the document(s) it seeks to file under seal. For each document the moving party seeks to seal, the party may redact only that information that is deemed confidential or privileged.

Summary: Public redacted version required alongside sealed filing.

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Civil cases

If the moving party has sought an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal.

Summary: Slip sheet required for fully sealed documents.

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Civil cases

If so, the moving party must file a motion to seal. In addition, the designating party must file a response to the sealing motion within seven (7) days that satisfies the sealing standard described above.

Summary: Designating party has 7 days to respond to sealing motion.

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The public enjoys a presumptive right of public access to court records based upon the First Amendment and the common law; therefore, motions to file documents under seal are strongly discouraged. The fact that both sides agree to seal a document is insufficient cause for sealing. Motions based solely on a party’s designation of a document as “confidential” or “attorneys’ eyes only” under a stipulated protective order are insufficient to establish that a document, or portions thereof, are sealable. As such, motions to seal must be narrowly tailored to the documents or portions of documents which require protection for good cause in accordance with legal standards. Parties shall not request the wholesale sealing of documents where only portions require protection. Sealing motions must include the following: 1. A specific statement of the applicable legal standard and the reasons for keeping a document under seal, including an explanation of a. the legitimate private or public interests that warrant sealing; b. the injury that will result if sealing is denied; and c. why a less restrictive alternative to sealing is not sufficient; 2. Evidentiary support from declarations where necessary; 3. An unredacted version of the document(s) sought to be sealed, with highlights to the alleged confidential or privilege information, as an attachment to the motion with “FILED UNDER SEAL” prominently marked on the first page; and 4. A proposed order that only seals the sealable material, and which lists in table format each document or portion thereof that is sought to be sealed. The party requesting a sealing order must also file a “public” version of the document(s) it seeks to file under seal redacting only the alleged confidential or privileged information. If the moving party seeks an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal. Motions to seal entire pleadings or briefs are strongly disfavored and will be granted only in extraordinary circumstances.

Summary: Motions to seal must be narrowly tailored, include specific required elements, and include redacted and unredacted document versions.

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Criminal cases

Counsel lodging with the Court a motion to seal and documents to be sealed shall hand-deliver, to the Clerk of Court on the Fourth Floor of the James M. Carter & Judith N. Keep U.S. Courthouse, (1) the motion to seal, (2) the proposed sealed documents, and (3) a proposed order in compliance with these Rules.

Summary: Sealed motions must be hand-delivered to Clerk of Court with sealed documents and proposed order.

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Criminal cases

In the case of an emergent motion to seal, counsel will contact the courtroom deputy for instructions about alternate delivery.

Summary: Emergency seal motions require contacting courtroom deputy for alternate delivery.

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Criminal cases

Motions to seal and motions for protective order should not be hand-delivered to chambers.

Summary: Sealed motions and protective orders should not be hand-delivered to chambers.

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Civil cases

Any document submitted for filing under seal (including motions, responses, declarations, exhibits, etc.) must be accompanied by a motion authorizing such filing.

Summary: Documents filed under seal must be accompanied by a motion authorizing the sealing.

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Civil cases

The motion to seal must provide the Court with a specific description of the particular document or categories of documents to be protected, including, for each document subject to the motion, whether the moving party seeks to seal the document in full or in part (i.e., with redactions). The motion to seal must be accompanied by declaration(s) from individual(s) with knowledge of the content of the documents demonstrating a compelling reason or good cause to protect those documents from disclosure.

Summary: Motion to seal must describe documents to be sealed and include declarations showing compelling reason.

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Civil cases

After filing a motion to seal, the moving party must immediately file the proposed sealed documents in CM/ECF using the “Sealed Lodged Proposed Document” in accordance with Section 2(j) of the ECF Manual. If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court’s consideration.

Summary: Sealed documents must be filed immediately in CM/ECF with specific formatting requirements.

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Civil cases

The party requesting sealing must file a "public" version of the document(s) it seeks to file under seal. In the public version, the party may redact only that information that is deemed confidential or privileged. The party shall file the redacted document(s) simultaneously with the motion requesting that the confidential portions of the document(s) be filed under seal.

Summary: Public redacted version must be filed simultaneously with motion to seal.

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Civil cases

Parties often seek to seal a document only because another party designated the document as sensitive under a protective order, including with a “confidential” or “attorneys’ eyes only” designation. In these circumstances, the moving party must first meet and confer with the designating party to determine whether the designating party maintains that any portion of the document must be filed under seal. If so, the moving party must file a motion to seal. In addition, the designating party must file a response to the sealing motion within seven days that satisfies the sealing standard described above. If no response is filed, the Court may order that the document be filed in the public record.

Summary: Meet and confer required before sealing documents with protective order designations; response due within 7 days.

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Any document submitted for filing under seal (including motions, responses, declarations, exhibits, etc.) must be accompanied by a motion authorizing such filing.

Summary: Documents filed under seal require a motion authorizing the sealing.

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The motion to seal must provide the Court with a specific description of the particular documents or categories of documents to be protected, including, for each document subject to the motion, whether the moving party seeks to seal the document in full or in part (i.e., with redactions).

Summary: Motion to seal must describe documents to be sealed and whether in full or part.

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After filing a motion to seal, the moving party must immediately file the proposed sealed documents in CM/ECF using the 'Sealed Lodged Proposed Document' in accordance with Section 2(j) of the ECF Manual.

Summary: Sealed documents must be filed in CM/ECF immediately after motion to seal.

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If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court's consideration.

Summary: Sealed documents must be lodged in full or with yellow-highlighted redactions.

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The party requesting a sealing order must also file a 'public' version of the document(s) it seeks to file under seal. For each document the moving party seeks to seal, the party may redact only that information that is deemed confidential or privileged.

Summary: Public version of sealed documents must be filed with only confidential/privileged information redacted.

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If the moving party has sought an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal.

Summary: Slip sheet required for fully sealed documents.

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If the moving party has sought an order to seal only portions of the document, the party should file the document with the alleged confidential or privileged information redacted.

Summary: Partially sealed documents must be filed with confidential information redacted.

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If so, the moving party must file a motion to seal. In addition, the designating party must file a response to the sealing motion within seven (7) days that satisfies

Summary: Designating party has 7 days to respond to sealing motion.

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Civil cases

Any document submitted for filing under seal (including motions, responses, declarations, exhibits, etc.) must be accompanied by a motion authorizing such filing.

Summary: Documents filed under seal must be accompanied by a motion to seal.

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Civil cases

The motion to seal must provide the Court with a specific description of the particular documents or categories of documents to be protected, including, for each document subject to the motion, whether the moving party seeks to seal the document in full or in part (i.e., with redactions).

Summary: Motion to seal must describe which documents/categories to seal and whether in full or part.

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Civil cases

The motion to seal must be accompanied by declaration(s) from individual(s) with knowledge of the content of the documents demonstrating a compelling reason or good cause to protect those documents from disclosure.

Summary: Motion to seal must include declarations showing compelling reason or good cause.

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Civil cases

After filing a motion to seal, the moving party must immediately file the proposed sealed documents in CM/ECF using the 'Sealed Lodged Proposed Document' in accordance with Section 2(j) of the ECF Manual.

Summary: Proposed sealed documents must be filed in CM/ECF using 'Sealed Lodged Proposed Document' format.

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Civil cases

If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court's consideration.

Summary: Full seal: lodge document without redactions. Partial seal: highlight confidential info in yellow.

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Civil cases

The party requesting a sealing order must also file a 'public' version of the document(s) it seeks to file under seal. For each document the moving party seeks to seal, the party may redact only that information that is deemed confidential or privileged.

Summary: Must file public version with only confidential/privileged info redacted.

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Civil cases

If the moving party has sought an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal.

Summary: For full seal requests, file slip sheet indicating document is subject to motion to seal.

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Civil cases

If the moving party has sought an order to seal only portions of the document, the party should file the document with the alleged confidential or privileged information redacted.

Summary: For partial seal requests, file document with confidential/privileged info redacted.

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Civil cases

In these circumstances, the moving party must first meet and confer with the designating party to determine whether the designating party maintains that any portion of the document must be filed under seal. If so, the moving party must file a motion to seal. In addition, the designating party must file a response to the sealing motion within seven days that satisfies the sealing standard described above.

Summary: Motion to seal required for documents designated as confidential; response due within 7 days.

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Civil cases

Any party filing a motion for leave to file documents under seal must provide the Court with (1) a specific description of each document or portion of a document they seek to protect, and (2) a declaration showing sufficiently compelling reasons or good cause to protect those documents from disclosure.

Summary: Motions to seal require specific document description and declaration of compelling reasons.

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Civil cases

The proposed redactions must be evident (either highlighted or bracketed) from the sealed lodgment.

Summary: Proposed redactions must be highlighted or bracketed in sealed lodgment.

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Civil cases

If the moving party seeks to file a document under seal based on another party’s designation of the document as “confidential” under a protective order, the moving party must first meet and confer with the designating party to determine whether the designating party maintains that any portion of the document must be filed under seal.

Summary: Must meet and confer before sealing based on another party's confidential designation.

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Civil cases

A motion to seal must be filed before the Judge who will rule on the motion associated with the proposed sealed document. For example, a motion to seal a document associated with a motion to compel discovery will be before Judge Major, while a motion to seal a document associated with a Motion for Summary Judgment will be before the District Judge assigned to the case.

Summary: Motion to seal must be filed before the judge who will rule on the associated motion.

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Civil cases

Before any materials produced in discovery, answers to interrogatories, responses to requests for admissions, deposition transcripts, or other documents which are designated as Confidential Information are filed with the Court for any purpose, the party seeking to file such material must seek permission of the Court to file the material under seal.

Summary: Permission required to file confidential materials under seal

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Civil cases

No document may be filed under seal, i.e., closed to inspection by the public except pursuant to a Court order that authorizes the sealing of the particular document, or portions of it. A sealing order may issue only upon a showing that the information is privileged or protectable under the law.

Summary: Sealing requires court order showing privilege or protectability

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Civil cases

To file a document under seal, the parties must comply with the procedures explained in Section 2.j of the Electronic Case Filing Administrative Policies and Procedures Manual for the United States District Court for the Southern District of California and Civil Local Rule 79.2.

Summary: Must follow ECF Manual Section 2.j and Local Rule 79.2 for sealing

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Civil cases

In addition, in accordance with Judge Major's preferences, a party must file a 'public' version of any document that it seeks to file under seal. In the public version, the party may redact only that information that is deemed 'Confidential.' The party should file the redacted document(s) simultaneously with a joint motion or ex parte application requesting that the confidential portions of the document(s) be filed under seal and setting forth good cause for the request.

Summary: Must file public version with redactions and joint motion/ex parte application

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The party moving to seal must also file a "public" version of the document(s) it seeks to file under seal. The public version should be a slip sheet for a document proposed to be sealed entirely or a document with the proposed sealed information redacted.

Summary: Moving party must file public version with redactions when seeking to seal documents.

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The public enjoys a presumptive right of access to court records, and any motion to file information under seal must be supported by a specific showing that the material is protectable under the law.

Summary: Motions to seal must include a specific showing that the material is legally protectable.

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After filing a motion to seal, the moving party must immediately file the proposed sealed documents in CM/ECF using the “Sealed Lodged Proposed Document” event pursuant to ECF Manual Section 2(j). If the moving party seeks to seal an entire document, it should lodge the document in full. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the proposed redactions highlighted in yellow for the Court’s consideration. Parties should not seek to file under seal entire pleadings, or entire attachments, unless the party can establish that the entire document satisfies the standard for sealing. The party moving to seal must also file a “public” version of the document(s) it seeks to file under seal. The public version should be a slip sheet for a document proposed to be sealed entirely or a document with the proposed sealed information redacted.

Summary: Sealed documents must be lodged via the Sealed Lodged Proposed Document ECF event; public redacted versions must be filed, with redactions highlighted in yellow.

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The public enjoys a presumptive right of access to court records, and any motion to file information under seal must be supported by a specific showing that the material is protectable under the law.

Summary: Motions to seal must include a specific showing that the material is legally protectable.

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The public version should be a slip sheet for a document proposed to be sealed entirely or a document with the proposed sealed information redacted.

Summary: Public version of a sealed or partially redacted document must be a slip sheet.

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Criminal cases

Any party seeking to file documents under seal must comply with the procedures set forth in the Electronic Case Filing Administrative Policies and Procedures Manual (“ECF Manual”). The motion to file should not, itself, be filed under seal. Parties should not seek to file under seal entire pleadings, or entire attachments, unless the party can establish that the entire document satisfies the standard for sealing. Unless the entire document satisfies the standard for sealing, a redacted version of the document must be publicly filed on the docket with only those portions of the document appropriately subject to filing under seal redacted. An application to file under seal should specifically address the basis for sealing each proposed redaction. The party shall lodge the unredacted version of any filing by submitting it to efile_burkhardt@casd.uscourts.gov.

Summary: Sealed filings require redacted public version and unredacted submission to chambers.

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Civil cases

Any party seeking to file documents under seal must comply with the procedures set forth in the ECF Manual. Parties should not seek to file under seal entire pleadings, or entire attachments, unless the party can establish that the entire document satisfies the standard for sealing.

Summary: Documents under seal must follow ECF Manual procedures; entire pleadings/attachments only if entire document meets sealing standard.

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Civil cases

Unless the entire document satisfies the standard for sealing, a redacted version of the document must be publicly filed on the docket with only those portions of the document appropriately subject to filing under seal redacted.

Summary: Redacted versions must be publicly filed unless entire document qualifies for sealing.

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Civil cases

An application to file under seal should specifically address the factual and legal basis for sealing each proposed redaction.

Summary: Applications to file under seal must address factual/legal basis for each redaction.

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Civil cases

The party shall lodge the unredacted version of any filing in accordance with the ECF Manual.

Summary: Unredacted versions must be lodged according to ECF Manual procedures.

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Civil cases

by another party, the filing party must reach out to the designating party in advance of filing the application to file under seal to obtain from the designating party the legal basis for the confidential designation. The filing party must include the legal basis in the application to file under seal.

Summary: Filing party must obtain legal basis for confidential designation from designating party before filing under seal.

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Civil cases

If any party opposes the application to file under seal, that party must, within one court day, contact the chambers of the judge who will rule on the application to notify the judge’s staff that an opposition to the application will be filed.

Summary: Opposing parties must notify judge's chambers within one court day if opposing seal application.

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Civil cases

The party should file the redacted document(s) simultaneously with a joint motion or ex parte application requesting that the confidential portions of the document(s) be filed under seal and setting forth good cause for the request.

Summary: Redacted documents must be filed simultaneously with sealing motion.

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Civil cases

The proposed protective order must contain: "No document may be filed under seal, except pursuant to a court order that authorizes the sealing of the particular document, or portion of the document. A sealing order may issue only upon a showing that the information is privileged or protectable under the law. The request must be narrowly tailored to seek sealing only of the confidential or privileged material.

Summary: Protective orders must include specific sealing language requirements.

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Civil cases

To file a document under seal, the parties must comply with the procedures explained in Section 2.j of the Electronic Case Filing Administrative Policies and Procedures Manual for the United States District Court for the Southern District of California and Civil Local Rule 79.2.

Summary: Sealed filings must comply with ECF Manual Section 2.j and Local Rule 79.2.

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Civil cases

In addition, a party must file a redacted version of any document that it seeks to file under seal. The document must be titled to show that it corresponds to an item filed under seal, e.g., 'Redacted Copy of Sealed Declaration of John Smith in Support of Motion for Summary Judgment.'

Summary: Sealed filings require redacted version with specific title format.

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Civil cases

If the parties jointly seek a protective order that differs from Judge Pettit's model order, the joint motion must explain the basis for the proposed changes, and the parties must attach to the joint motion a redlined copy of the proposed protective order showing any changes from Judge Pettit's model.

Summary: Joint motions for non-model protective orders must include explanation and redlined changes.

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Civil cases

All stipulated protective orders must be filed as a joint motion and contain the following provisions: 1. No document shall be filed under seal unless counsel secures a court order allowing the filing of a document, or portion thereof, under seal. An application to file a document under seal shall be served on opposing counsel and on the person or entity who has custody and control of the document, if different from opposing counsel. If opposing counsel, or the person or entity who has custody and control of the document, wishes to oppose the application, they must contact the chambers of the judge who will rule on the application to notify the Court that an opposition to the application will be filed.

Summary: Protective orders must include specific provisions for sealing documents and service requirements.

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Civil cases

The parties must also lodge the proposed protective order in Word format by email to efile_Pettit@casd.uscourts.gov.

Summary: Lodging proposed protective orders in Word format by email to efile_Pettit@casd.uscourts.gov.

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Civil cases

There is a presumptive right of public access to court records based upon common law and the First Amendment. The Court will scrutinize any request to file information under seal, and a request will only be granted if a specific showing is made that justifies sealing. Generic and vague references to 'competitive harm' will almost always be insufficient to justify sealing.

Summary: Strong presumption of public access; sealing requires specific justification beyond generic competitive harm.

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Civil cases

The party seeking to file a document under seal must comply with Civil Local Rule 79.2 and Section 2.j of the ECF Manual.

Summary: Sealing requests must comply with Civil Local Rule 79.2 and ECF Manual Section 2.j.

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Civil cases

Where the party requesting sealing is not the designating party (i.e., the request to seal is made because another party has designated information 'confidential'), the designating party must file a joinder in the motion to seal within four business days of service and must make the required showing that the information is protectable under the law. The fact that the information or document has been designated confidential pursuant to a stipulated protective order, standing alone, is not a sufficient basis for sealing.

Summary: Designating parties must file joinder within 4 business days and show protectability; confidentiality designation alone insufficient.

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Civil cases

Any opposition to a motion to seal must also be filed within four business days of service.

Summary: Opposition to sealing motions must be filed within 4 business days of service.

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Civil cases

All stipulated protective orders must be filed as a joint motion.

Summary: Stipulated protective orders must be filed as joint motions.

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Civil cases

An application to file a document under seal shall be served on opposing counsel, and on the person or entity that has custody and control of the document, if different from opposing counsel.

Summary: Sealed document applications must be served on opposing counsel and document custodian.

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Civil cases

If opposing counsel, or the person or entity who has custody and control of the document, wishes to oppose the application, he/she must contact the chambers of the judge who will rule on the application to notify the Court that an opposition to the application will be filed.

Summary: Opponents of sealed document applications must notify chambers before filing opposition.

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Civil cases

There is a presumptive right of public access to court records based upon common law and First Amendment grounds. Accordingly, no document may be filed under seal, i.e., closed to inspection by the public, except pursuant to a Court order that authorizes the sealing of the particular document, or portions thereof. A sealing order may issue only upon a request that establishes that the document, or portions thereof, is privileged or otherwise subject to protection under the law. The request must be narrowly tailored to seek sealing only of sensitive personal or confidential information. An unredacted version of the document, identifying the portions subject to the motion to seal, must be lodged with the motion to seal. A redacted version of the document must be publicly filed simultaneously. Of course, if the motion to seal covers the entire document, a redacted version need not be filed in advance of the Court's ruling.

Summary: Documents may only be filed under seal with court order and must include both unredacted and redacted versions.

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Any party seeking to file documents under seal must comply with the procedures set forth in the CASD ECF Policies & Procedures, including the requirements for lodging the unredacted version of the filing it seeks to seal.

Summary: Parties must follow CASD ECF Policies for filing sealed documents.

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Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard; (3) an analysis of why the standard has been satisfied with respect to each proposed redaction; and (4) affidavits or declarations in support of the motion.

Summary: Motion to seal must include description, legal standard, analysis, and supporting affidavits.

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Unless the entire document satisfies the standard for sealing, a redacted version of the document must be publicly filed on the docket with only those portions of the document appropriately subject to filing under seal redacted.

Summary: Redacted version must be publicly filed if entire document doesn't meet sealing standard.

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Parties are not to contact chambers for a hearing date on a motion to seal. In the motion’s caption, in lieu of a hearing date and time, the caption should instead state: NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.

Summary: Do not contact chambers for hearing date on motion to seal; use specific caption language.

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Oppositions or notices of non-opposition must be filed within 7 days of the motion to seal’s filing.

Summary: Responses to motions to seal must be filed within 7 days.

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Where the movant seeks to seal a document because another party designated it “confidential” or “attorneys’ eyes only,” the movant must meet and confer with the designating party prior to filing the motion to determine whether the designating party still maintains that any portion of the document warrants sealing.

Summary: Meet and confer required before sealing documents designated confidential or attorneys’ eyes only.

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Civil cases

the receiving party may promptly present the information to the court under seal for a determination of the claim.

Summary: Information subject to privilege claims may be presented to court under seal for determination.

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Civil cases

If the disclosure of the privileged information was inadvertent (unintentional), there is no waiver: if the privilege holder took reasonable precautions to prevent disclosure; and took reasonably prompt measures to rectify the error.

Summary: Inadvertent disclosure of privileged information does not waive privilege if reasonable precautions were taken and prompt corrective action follows.

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Civil cases

Stipulated protective orders in the Southern District of California must include a provision requiring advance approval by the judge hearing the case (or in Judge Moskowitz’ cases, the assigned magistrate judge) before documents can be filed under seal. Appropriate language would be similar to the following: "Nothing shall be filed under seal with the court, and the court shall not be required to take any action, without separate prior order by the Judge before whom the hearing or proceeding will take place, after application by the affected party with appropriate notice to opposing counsel."

Summary: Protective orders must include advance approval requirement before filing sealed documents

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Civil cases

Where the parties indicate that the settlement is “confidential,” they are required to meet the same “good cause” showing and the same analysis and findings by the court must be made before the record can be sealed.

Summary: Confidential settlements require 'good cause' showing and court findings before sealing.

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Civil cases

Parties seeking a sealing order must provide the court with: (1) a specific description of particular documents, or categories of documents, they need to protect; and (2) affidavits showing good cause to protect those documents from disclosure.

Summary: Parties must provide specific document descriptions and affidavits showing good cause to obtain a sealing order.

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Criminal cases

The Court recommends that parties seeking to seal documents that will be filed in conjunction with sentencing documents, noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents. The original motion to seal and the documents to be sealed should be submitted to chambers for review prior to filing them. This will allow the Court to consider the merits of the motion to seal, and if the motion is denied, allow the parties an opportunity to decide whether to include the documents in the subsequent sentencing document, motion, opposition, or reply. If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF.

Summary: Motion to seal and sealed documents must be submitted to chambers for pre-filing review; if denied, documents become publicly filed.

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Civil cases

A party seeking to file a document under seal (or with restricted access) must provide specific reasons why such relief is appropriate. The fact that the document has been designated “confidential” or a similar designation pursuant to a protective order is not a sufficient reason in and of itself.

Summary: Specific reasons required to file documents under seal; confidentiality designation alone is insufficient.

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Civil cases

If the moving party seeks to file documents under seal based on another party’s designation of the documents as “confidential,” before filing the motion, the moving party must, if feasible, meet and confer with the other party as to which documents that party contends should be filed under seal.

Summary: Meet and confer required before filing motion to seal based on another party's confidentiality designation.

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Criminal cases

If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF.

Summary: Denied motions to seal result in immediate public filing on CM/ECF.

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Civil cases

The Court recommends that parties seeking to seal documents that will be filed in conjunction with noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents.

Summary: Seal motions should be filed before related documents.

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Criminal cases

There is a presumptive right of public access to court records based upon common law and First Amendment grounds. As such, motions to file documents under seal are strongly discouraged.

Summary: Motions to file under seal are strongly discouraged.

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Civil cases

The standard for filing documents under seal will be strictly applied.

Summary: Strict standard applied for sealing documents.

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Civil cases

Motions to seal must be narrowly tailored to the documents or portions of documents which require protection for good cause in accordance with legal standards. Parties shall not request the wholesale sealing of documents where only portions require protection.

Summary: Sealing motions must be narrowly tailored to specific documents/portions.

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Civil cases

If no response is filed, the Court may order that the document be filed in the public record.

Summary: No response to sealing motion may result in public filing.

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Criminal cases

Motions to file documents under seal are strongly discouraged.

Summary: Motions to seal documents are strongly discouraged.

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Parties often seek to seal a document only because another party designated the document as sensitive under a protective order, including with a 'confidential' or 'attorneys' eyes only' designation. In these circumstances, the moving party must first meet and confer with the designating party to determine whether the designating party maintains that any portion of the document must be filed under seal.

Summary: Meet and confer required when sealing based on protective order designations.

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Civil cases

There is a presumptive right of public access to court records based upon common law and First Amendment grounds.

Summary: Presumptive right of public access to court records exists under common law and First Amendment.

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Civil cases

motions to file documents under seal are strongly discouraged.

Summary: Motions to file documents under seal are strongly discouraged.

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Civil cases

The fact that both sides agree to seal a document or that a stipulated protective order was issued is insufficient cause for sealing.

Summary: Mutual agreement or stipulated protective order is insufficient cause for sealing documents.

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Civil cases

Even where a public right of access exists, such access may be denied by the Court in order to protect sensitive personal or confidential information.

Summary: Court may deny public access to protect sensitive personal or confidential information.

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Civil cases

The standard for filing documents under seal will be strictly applied, and all proposed redactions must be as narrowly tailored as possible.

Summary: Sealing standard strictly applied; redactions must be narrowly tailored.

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If the moving party seeks to seal an entire document, it should lodge the document in full. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the proposed redactions highlighted in yellow for the Court’s consideration.

Summary: Entire sealed documents must be lodged in full; partial redactions must be highlighted in yellow.

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Parties should not seek to file under seal entire pleadings, or entire attachments, unless the party can establish that the entire document satisfies the standard for sealing.

Summary: Entire pleadings/attachments should not be sealed unless entire document meets sealing standard.

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Civil cases

The party or person seeking the protective order bears the burden of 'good cause.' They must make a clear showing of a particular and specific need for the order.

Summary: Party seeking protective order must show good cause with specific need.

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Civil cases

The 'need' is typically a showing of the harm or prejudice that would follow disclosure.

Summary: Good cause requires showing harm or prejudice from disclosure.

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Civil cases

Courts have said that, '[b]road allegations of harm, unsubstantiated by specific examples or articulated reasoning, do not satisfy the Rule 26(c) test[.]'

Summary: Broad allegations without specifics don't satisfy Rule 26(c) test.

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Civil cases

Embarrassing or only slightly harmful is not a sufficient basis for protection.

Summary: Embarrassment or minor harm insufficient for sealing.

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Civil cases

Blanket and umbrella orders are inherently subject to challenge since they are issued without the document-by-document particularized showing.

Summary: Umbrella/blanket protective orders can be challenged as they lack document-by-document review.

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Criminal cases

There is a presumptive right of public access to court records based upon common law and first amendment grounds. Even where a public right of access exists, such access may be denied by the Court in order to protect sensitive personal or confidential information. The Court may seal documents to protect sensitive information, however, the documents to be filed under seal will be limited by the Court to only those documents, or portions thereof, necessary to protect such sensitive information.

Summary: There is a presumptive right of public access; sealing is limited to documents necessary to protect sensitive information.

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Civil cases

There is a presumptive right of public access to court records based upon common law and first amendment grounds.

Summary: Presumptive right of public access to court records.

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Civil cases

There is a presumptive right of public access to court records based upon common law and first amendment grounds. Even where a public right of access exists, such access may be denied by the Court in order to protect sensitive personal or confidential information. The Court may seal documents to protect sensitive information; however, the documents to be filed under seal will be limited by the Court to only those documents, or portions thereof, necessary to protect such sensitive information.

Summary: Court records have presumptive public access right; sealing limited to documents/portions necessary to protect sensitive personal or confidential information.

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There is a presumptive right of public access to court records based upon common law and first amendment grounds.

Summary: Presumptive right of public access to court records.

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The Court may seal documents to protect sensitive personal or confidential information.

Summary: Court may seal documents to protect sensitive information.

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Civil cases

The Court encourages use of Judge Pettit's model protective order, which is available on Judge Pettit's page on the Court's website available at https://www.casd.uscourts.gov/Judges/Judge-Info.aspx.

Summary: Use Judge Pettit's model protective order available on court website.

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Civil cases

The Court recommends that the stipulated protective order contain a provision regarding the disposition of confidential or sealed documents and information after the case is closed.

Summary: Protective orders should include provisions for handling sealed documents after case closure.

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Civil cases

order that trade secret or other confidential research, development or commercial information not be revealed or revealed in a designated way

Summary: Trade secrets and confidential commercial information may be protected from disclosure.

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Civil cases

Under Rule 26, there are limited circumstances and situations where files, materials, or information can be sealed or limited in use.

Summary: Rule 26 allows sealing of discovery materials only in limited circumstances.

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Civil cases

However, even if good cause exists, the court must balance the interests in allowing discovery against the relative burdens to the parties and nonparties (i.e., the public).

Summary: Court must balance interests even when good cause exists.

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Civil cases

There is no objection to an order that allows the parties to keep their trade secrets (or some other properly demarcated category of legitimately confidential information) out of the public record, provided the judge (1) satisfies himself that the parties know what a trade secret is and are acting in good faith in deciding which parts of the record are trade secrets and (2) makes explicit that either party and any interested member of the public can challenge the secreting of particular documents.

Summary: Umbrella protective orders covering trade secrets or other confidential information are permitted if judge verifies good faith and allows challenges.

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Civil cases

The judge is the primary representative of the public interest in the judicial process and is duty-bound therefore to review any request to seal the record (or part of it).

Summary: Judge must review any request to seal records to protect public interest.

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Civil cases

The court found the parties had two paths – either agree to an appropriate definition of trade secrets, or list discrete categories of documents by subject matter with supporting arguments showing that the category qualifies as protectable information and the specific competitive harm that was threatened.

Summary: Parties can either agree on trade secret definition or list specific document categories with harm arguments for protective orders.

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Civil cases

Where, however, a court grants a protective order having determined good cause to protect particular information from being disclosed, the federal common law right of access does not apply to documents filed under seal for good cause shown.

Summary: Protective orders with good cause determination override federal common law right of access.

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Civil cases

Applying a strong presumption of public access to the documents sealed after review by the court would 'surely undermine, and possibly eviscerate, the broad power of the district court to fashion protective orders.'

Summary: Courts have broad discretion to fashion protective orders without presumption of public access.