Western District of Washington Sealing & Redaction Procedures

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Court filings, including complaint exhibits and attachments, must replace specified personal information with abbreviated identifying information.

Under Federal Rule of Civil Procedure 5.2, papers filed with the court, including exhibits or attachments to a complaint, may not contain certain information, which must be modified as follows: Do not include: Instead, use: • a full social security number  the last four digits • a full birth date  the birth year • the full name of a minor  the minor’s initials • a complete financial account number  the last four digits

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Civil cases

A separately filed excerpt of an administrative record must redact all personal information under LCR 5.2(a) or be the subject of a motion to file it under seal.

A party filing any excerpt of the record separately must redact all personal information in accordance with LCR 5.2(a) or move to file the document under seal in accordance with LCR 5(g).

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Civil cases

A party seeking to file a document under seal must explore all alternatives first.

A party must explore all alternatives to filing a document under seal.

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Civil cases

A document may be filed under seal only when expressly authorized by statute, rule, or prior order, or when a motion or stipulated motion to seal is filed before or at the same time.

A party may file a document under seal in only two circumstances: (A) If a statute, rule, or prior court order expressly authorizes the party to file the document under seal; or (B) If the party files a motion or stipulated motion to seal the document before or at the same time the party files the sealed document.

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Civil cases

Parties must minimize both the number and length of documents filed under seal.

A party must minimize the number of documents it files under seal and the length of each document it files under seal.

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Civil cases

A declaration to be sealed must be filed as a separate sealed docket entry.

Where the document to be sealed is a declaration, the declaration shall be filed as a separate sealed docket entry.

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Civil cases

A paper copy of a sealed document must be enclosed in a sealed envelope marked with the case caption and “FILED UNDER SEAL.”

(9) When a party files a paper copy of a sealed document, the party shall seal the document in an envelope marked with the case caption and the phrase “FILED UNDER SEAL.”

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Civil cases

Parties must omit or partially redact specified personal identifiers from court filings and hearing or trial exhibits, subject to stated exceptions and court orders.

Parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all documents filed with the court or used as exhibits in any hearing or at trial, to include state court records filed in removal actions, unless otherwise ordered by the court: (1) Dates of Birth - redact to the year of birth, unless deceased (2) Names of Minor Children - redact to the initials, unless deceased or currently over the age of 18 (3) Social Security Numbers and Taxpayer-Identification Numbers- redact in their entirety (4) Financial Accounting Information - redact to the last four digits (5) Passport Numbers and Driver License Numbers - redact in their entirety

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Civil cases

Administrative records in the specified Social Security and immigration matters must be filed and maintained under seal unless the court orders otherwise.

Unless the court orders otherwise, in an action for benefits under the Social Security Act and in an immigration action or proceeding relating to an order of removal, to relief from removal, or to immigration benefits or detention, the administrative record must be filed under seal, and the court will maintain it under seal.

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Civil casesProposed or draft document; may not be in force

Confidential documents or information may not be filed under seal without leave of Court.

This confidentiality restriction shall apply only between the parties, and does not entitle such documents or information to be filed under seal without leave of Court.

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Civil cases

A party seeking to seal information must show that the public’s access rights and disclosure policies are outweighed by good cause for non-case-dispositive motions or compelling reasons for case-dispositive motions or information in the operative complaint.

The Court will only permit filings under seal if the party seeking to seal the information demonstrates why the public’s traditional right of access to court documents and the public policies favoring disclosure are outweighed by good cause (if the motion is not case-dispositive) or compelling reasons (if the motion is case-dispositive or the information is included in the operative complaint) that support keeping the information under seal.

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Civil cases

The Court expects strict compliance with Local Civil Rule 5(g).

Judge Jones expects strict compliance with Local Civil Rule 5(g).

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Civil cases

The parties are expected to comply with applicable Ninth Circuit law when seeking to seal documents.

The Court expects the parties to comply with applicable Ninth Circuit law regarding the sealing of any documents.

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Civil cases

Evidence presented at trial, including confidential materials, is generally considered public record; parties may seek continued confidentiality, but the Court decides what becomes part of the public record.

The Court generally considers all evidence presented at trial, including confiden�al materials, to be maters of public record. Although the par�es may move or s�pulate to maintaining as confiden�al any sealed informa�on used at trial, the Court retains the authority to determine what evidence should be part of the public record.

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Civil cases

For discovery documents covered by a litigation agreement or stipulated protective order, the filing party need not meet the substantive requirements of subpart (3)(B); the designating party must meet them in its response or a stipulated motion.

Where parties have entered a litigation agreement or stipulated protective order (see LCR 26(c)(2)) governing the exchange in discovery of documents that a party deems confidential, a party wishing to file a confidential document it obtained from another party in discovery may file a motion to seal but need not satisfy subpart (3)(B) above. Instead, the party who designated the document confidential must satisfy subpart (3)(B) in its response to the motion to seal or in a stipulated motion.

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Civil cases

After denial of a motion to seal, the clerk will unseal the document unless the court orders otherwise or the relying party requested withdrawal rather than unsealing in its motion or response.

(6) When the court denies a motion to seal, the clerk will unseal the document unless (1) the court orders otherwise, or (2) the party who is relying on the sealed document requests in the motion to seal or response that, if the motion to seal is denied, the court withdraw the document from the record rather than unseal it.

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Civil cases

A document remains sealed after the court grants a motion to seal or otherwise permits it to remain sealed, until further court order.

(7) When a court grants a motion to seal or otherwise permits a document to remain under seal, the document will remain under seal until further order of the court.

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Civil cases

Parties may submit a stipulated protective order for qualifying information, but it must satisfy the stated safeguards and does not presumptively authorize sealed filings.

Parties may file a proposed stipulated protective order to protect confidential, proprietary, or private information that warrants special protection. The court may enter a proposed stipulated protective order as an order of the court if it adequately and specifically describes the justification for such an order, it is consistent with court rules, it does not purport to confer blanket protection on all disclosures or responses to discovery, its protection from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles, and it does not presumptively entitle the parties to file confidential information under seal.

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Civil cases

The Court, rather than the parties, decides whether a document may be filed under seal.

It is the Court, not the parties, that determines whether a document can be filed under seal.

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Civil cases

A party’s “Confidential” designation alone does not establish good cause or compelling reasons to seal a document.

The fact that a party has designated a particular document “Confidential” is not sufficient to convince the Court that good cause or compelling reasons exist to seal that document.

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Civil cases

The parties’ agreement to seal documents is not, by itself, sufficient.

An agreement between the parties to seal documents is not sufficient.

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Civil cases

Parties are encouraged to obtain a ruling on a motion to seal well before filing an underlying motion that relies on the sealed documents.

For this reason, parties are encouraged to seek a ruling on motions to seal well in advance of filing underlying motions relying on those documents.

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Civil cases

Parties may seek to unseal a document by filing a motion or stipulated motion.

(8) Parties may file a motion or stipulated motion requesting that the court unseal a document.

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Civil cases

A non-party seeking access to a sealed document may intervene to move to unseal it.

A non-party seeking access to a sealed document may intervene in a case for the purpose of filing a motion to unseal the document.

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The designated ECF event for the motion to file under seal will permit documents to be filed under seal without prior court approval pending the court’s ruling on the motion to seal. The document(s) sought to be sealed shall be electronically docketed separately from but simultaneously with the motion to file under seal.

Summary: The ECF event for sealing motions allows filing under seal without prior approval; sealed documents must be docketed separately but simultaneously.

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If a motion to file under seal is denied, the document filed under seal will remain under seal and shall not be considered by the court for any purpose. If the filer subsequently wishes to have the document considered by the court, the document must be re-filed using a nonrestricted ECF docket event.

Summary: If a motion to seal is denied, the document stays sealed and is not considered; to be considered, it must be re-filed using a nonrestricted ECF event.

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If a document is filed which discloses protected private information, a party seeking to protect the private information on the publicly-accessed electronic docket may file a motion (See Local Bankruptcy Rule 9013-1) seeking to have the document redacted. Upon receipt of such a motion, the clerk shall temporarily block public access to the document at issue pending the court’s determination of the motion. If the motion is granted, then within 7 days of the entry of the order granting the motion, the party who filed the original unredacted document will be responsible for filing a redacted version of the document. When the new redacted document is filed, the clerk shall permanently block public access to the original unredacted version.

Summary: To remove protected private information, file a motion to redact; clerk temporarily blocks access; if granted, within 7 days the filing party must file a redacted version, and the clerk permanently blocks the original.

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Civil cases

If the Court orders a party to submit documents for in camera review, the party shall send an electronic copy of the documents to Courtroom Deputy Diyana Staples at Diyana_Staples@wawd.uscourts.gov. The party shall also deliver a physical copy of the documents to chambers, clearly marked for in camera review to avoid inadvertent filing on the docket.

Summary: In camera review requires electronic copy to Courtroom Deputy and physical copy to chambers, clearly marked.

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Civil cases

Pursuant to LCR 5.2(a), parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all documents filed with the Court or used as exhibits in any hearing or at trial, unless otherwise ordered by the Court: • Dates of Birth − redact to the year of birth, unless deceased. • Names of Minor Children − redact to the initials, unless deceased or currently over the age of 18. • Social Security or Taxpayer Identification Numbers − redact in their entirety. • Financial Accounting Information − redact to the last four digits. • Passport Numbers and Driver License Numbers − redact in their entirety.

Summary: Personal data identifiers must be redacted per LCR 5.2(a) requirements.

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Civil cases

Pursuant to LCR 5.2(a), parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all documents filed with the Court or used as exhibits in any hearing or at trial, unless otherwise ordered by the Court: Dates of Birth − redact to the year of birth, unless deceased. Names of Minor Children − redact to the initials, unless deceased or currently over the age of 18. Social Security or Taxpayer Identification Numbers − redact in their entirety. Financial Accounting Information − redact to the last four digits. Passport Numbers and Driver License Numbers − redact in their entirety.

Summary: Parties must redact personal data identifiers from filings and exhibits per LCR 5.2(a).

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Civil cases

Pursuant to LCR 5.2(a), parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all documents filed with the Court or used as exhibits in any hearing or at trial, unless otherwise ordered by the Court: • Dates of Birth − redact to the year of birth, unless deceased. • Names of Minor Children − redact to the initials, unless deceased or currently over the age of 18. • Social Security or Taxpayer Identification Numbers − redact in their entirety. • Financial Accounting Information − redact to the last four digits. • Passport Numbers and Driver License Numbers − redact in their entirety. Parties in social security appeals and immigration cases shall comply with LCR 5.2(c).

Summary: Parties must redact specified personal data identifiers from all filed documents and exhibits, with specific redaction rules per identifier type.

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The Court expects strict compliance with LCR 5(g).

Summary: Strict compliance with Local Rule 5(g) required for motions to seal.

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The rule on exclusion (sequestration) of witnesses will be in effect throughout the trial until the time of closing arguments and instructions.

Summary: Witness sequestration rule applies throughout trial until closing arguments.

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It is the Court, not the Parties, that determines whether a document can be filed under seal. The Court will only permit filings under seal if the Party seeking to seal the information demonstrates why the public’s traditional right of access to court documents and the public policies favoring disclosure are outweighed by good cause (if the motion is not case-dispositive) or compelling reasons (if the motion is case-dispositive or otherwise more than tangentially related to the merits of the case, or the information is included in the operative complaint) that support keeping the information under seal. The fact that a Party has designated a particular document “Confidential,” or that the Parties have stipulated it as such (or the opposing Party has not opposed the designation), is not sufficient to establish good cause or to demonstrate that compelling reasons exist to seal that document.

Summary: Filings under seal are only permitted if the moving party demonstrates good cause (non-dispositive motions) or compelling reasons (dispositive/merits-related/operative complaint information); party designation as confidential or stipulation is insufficient, and the Court determines sealing.

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Civil cases

If the Court orders a party to submit documents for in camera review, the party shall send an electronic copy of the documents to Courtroom Deputy Mary Trent at Mary_Trent@wawd.uscourts.gov. If the document is longer than 50 pages, the party shall also deliver a physical copy of the documents to the Tacoma Clerk's Office, clearly marked for in camera review to avoid inadvertent filing on the docket.

Summary: For in camera review, send electronic copy to Mary Trent; if over 50 pages, also deliver physical copy to Tacoma Clerk's Office.

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Criminal cases

Parties moving to file documents under seal must comply with Local Rule CR 5(g). All motions to seal, including stipulated motions, must describe with specificity the documents sought to be protected, provide facts justifying sealing, and include a proposed order.

Summary: Motions to seal must comply with Local Rule CR 5(g) and include specific descriptions, facts justifying sealing, and a proposed order.

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Criminal cases

If counsel cannot agree, then a properly noted motion to seal must be filed prior to or contemporaneously with the document to be sealed.

Summary: Motion to seal must be filed before or with the document to be sealed if parties cannot agree.

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Criminal cases

If a party seeks to file a document that another party claims is confidential, the party seeking to file the document shall give at least 7 days notice to the other parties so a motion to seal may be prepared and filed at the same time the document is submitted.

Summary: 7-day notice required when filing documents claimed as confidential by other parties.

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Criminal cases

Counsel shall advise the Court of the requested disposition of confidential matters in the event the Court denies a request to seal (e.g., should the information be removed from the docket rather than be unsealed).

Summary: Counsel must advise Court on disposition of confidential matters if sealing request is denied.

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Civil cases

(3) Social Security Numbers and Taxpayer-Identification Numbers- redact in their entirety

Summary: Redact SSNs and TINs in their entirety.

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Civil cases

A party filing a document under seal shall prominently mark its first page with the phrase “FILED UNDER SEAL.”

Summary: Sealed documents must be marked “FILED UNDER SEAL” on the first page.

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Civil cases

(B) Parties must protect sensitive information by redacting sensitive information (including, but not limited to, the mandatory redactions of LCR 5.2) that the court does not need to consider. A party who cannot avoid filing a document under seal must comply with the remainder of this rule.

Summary: Parties must redact sensitive information unless filing under seal is unavoidable.

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Civil cases

(2) A party may file a document under seal in only two circumstances: (A) If a statute, rule, or prior court order expressly authorizes the party to file the document under seal; or (B) If the party files a motion or stipulated motion to seal the document before or at the same time the party files the sealed document. Filing a motion or stipulated motion to seal permits the party to file the document under seal without prior court approval pending the court’s ruling on the motion to seal. The document will be kept under seal until the court determines whether it should remain sealed.

Summary: Documents may be filed under seal only with statutory authorization or by filing a motion to seal simultaneously.

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Civil cases

(3) A motion to seal a document, even if it is a stipulated motion, must include the following: (A) A certification that the party has met and conferred with all other parties in an attempt to reach agreement on the need to file the document under seal, to minimize the amount of material filed under seal, and to explore redaction and other alternatives to filing under seal; this certification must list the date, manner, and participants of the conference;

Summary: Motion to seal must include meet-and-confer certification with date, manner, and participants.

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Civil cases

(3) A motion to seal a document, even if it is a stipulated motion, must include the following: (B) A specific statement of the applicable legal standard and the reasons for keeping a document under seal, including an explanation of: i. the legitimate private or public interests that warrant the relief sought; ii. the injury that will result if the relief sought is not granted; and iii. why a less restrictive alternative to the relief sought is not sufficient

Summary: Motion to seal must explain legal standard, interests, injury, and why alternatives are insufficient.

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Civil cases

(4) A party must minimize the number of documents it files under seal and the length of each document it files under seal. Where the document to be sealed is an exhibit to a document filed electronically, an otherwise blank page reading “EXHIBIT __ FILED UNDER SEAL” shall replace the exhibit in the document filed without sealing, and the exhibit to be filed under seal shall be filed as a separate sealed docket entry.

Summary: Minimize sealed documents; exhibits must be filed separately with placeholder page.

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Civil cases

(5) Only in rare circumstances should a party file a motion, opposition, or reply under seal. A party who cannot avoid including confidential information in a motion, opposition, or reply must follow this procedure: (A) The party shall redact the confidential information from the motion, opposition, or reply and publicly file the redacted motion, opposition, or reply; and (B) The party shall file the unredacted motion, opposition, or reply under seal, accompanied by a motion or stipulated motion to seal the unredacted motion, opposition, or reply in compliance with part (3) above.

Summary: Motions, oppositions, and replies should rarely be sealed; if necessary, file redacted version publicly and unredacted version under seal with motion to seal.

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Civil cases

(2) Names of Minor Children - redact to the initials, unless deceased or currently over the age of 18

Summary: Redact minor children's names to initials, unless deceased or over 18.

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Civil cases

(9) When a party files a paper copy of a sealed document, the party shall seal the document in an envelope marked with the case caption and the phrase “FILED UNDER SEAL.” This requirement applies to pro se parties and others who are exempt from mandatory electronic filing and to parties submitting courtesy copies.

Summary: Paper copies of sealed documents must be in envelope marked with case caption and “FILED UNDER SEAL.”

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Civil cases

Parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all documents filed with the court or used as exhibits in any hearing or at trial, to include state court records filed in removal actions, unless otherwise ordered by the court:

Summary: Parties must redact personal data identifiers from all filings and exhibits.

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Civil cases

(1) Dates of Birth - redact to the year of birth, unless deceased

Summary: Redact dates of birth to year only, unless deceased.

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Civil cases

(4) Financial Accounting Information - redact to the last four digits

Summary: Redact financial accounting information to last four digits.

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Civil cases

(5) Passport Numbers and Driver License Numbers - redact in their entirety

Summary: Redact passport and driver license numbers in their entirety.

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Civil cases

Unless the court orders otherwise, in an action for benefits under the Social Security Act and in an immigration action or proceeding relating to an order of removal, to relief from removal, or to immigration benefits or detention, the administrative record must be filed under seal, and the court will maintain it under seal.

Summary: Social Security and immigration cases require sealed administrative records.

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Civil cases

A party filing any excerpt of the record separately must redact all personal information in accordance with LCR 5.2(a) or move to file the document under seal in accordance with LCR 5(g).

Summary: Excerpts of sealed records must be redacted or filed under seal.

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Civil cases

(15) Sealing of Award. The contents of any arbitration award shall not be made known to any judge who might be assigned to the case:

Summary: Arbitration awards must be sealed from judges until final judgment.

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Civil cases

(15) Sealing of Award. The contents of any arbitration award shall not be made known to any judge who might be assigned to the case: (A) except as necessary for the court to determine whether to assess costs of attorney’s fees; (B) until the district court has entered final judgment in the action or the action has been otherwise terminated; or (C) except for purposes of preparing required reports.

Summary: Arbitration awards must be sealed from judges except for cost assessment, final judgment, or required reports.

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Sealed documents cannot be electronically filed and must be submitted in person or through the mail, as established by LCR 5(g)(9).

Summary: Sealed documents must be submitted in person or by mail, not electronically.

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Documents with personal identifiers must be redacted (blacked out) or removed before they are filed, as established by LCR 5.2(a).

Summary: Personal identifiers must be redacted or removed before filing.

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If you are filing a document that you want sealed from public view, you must first seek permission from the judge. The request must be submitted in the form of a “ Motion to Seal” and include a proposed order and declaration or affidavit supporting your motion.

Summary: Sealed documents require a Motion to Seal with proposed order and supporting declaration/affidavit.

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The document(s) must be presented in a sealed envelope with the caption, case number and phrase, “FILED UNDER SEAL” on the front of the envelope. The envelope must be delivered in person to the Clerk’s Office.

Summary: Sealed documents must be in a sealed envelope marked with case info and delivered in person to Clerk’s Office.

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Once a document is filed under seal, no one, including the party who filed the document(s), can access, retrieve, review, or print the document unless a motion to unseal is granted by the judge, as established by LCR 5(g)(8).

Summary: Sealed documents cannot be accessed by anyone without a granted motion to unseal.

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Documents with personal identifiers must be redacted (blacked out) or removed before they are filed, as established by LCR 5.2(a). • Dates of birth (redact to year of birth) • Names of minor children under 18 (redact to initials) • Social security numbers (remove entirely) • Financial account numbers (redact to last four digits) • Taxpayer identification numbers (remove entirely) • Passport ID numbers (remove entirely) • Driver license numbers (remove entirely)

Summary: Personal identifiers must be redacted before filing per LCR 5.2(a), with specific redaction rules for dates of birth, minor children's names, SSNs, financial accounts, and other sensitive information.

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If you are filing a document that you want sealed from public view, you must first seek permission from the judge. The request must be submitted in the form of a " Motion to Seal" and include a proposed order and declaration or affidavit supporting your motion.

Summary: A Motion to Seal with proposed order and declaration/affidavit is required to file sealed documents.

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Sealed documents cannot be electronically filed and must be submitted in person or through the mail, as established by LCR 5(g)(9).

Summary: Sealed documents must be filed in person or by mail, not electronically.

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The rule regarding the presentation of sealed documents are established by LCR 5(g)(3). The document(s) must be presented in a sealed envelope with the caption, case number and phrase, "FILED UNDER SEAL" on the front of the envelope. The envelope must be delivered in person to the Clerk's Office.

Summary: Sealed documents must be in an envelope marked with caption, case number, and "FILED UNDER SEAL", delivered in person to the Clerk's Office.

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Civil cases

To encourage open communication, the Court orders that all matters communicated in connection with this judicial settlement are confidential and not to be used for any other purpose.

Summary: All settlement communications are confidential and not admissible for other purposes.

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Civil cases

If the party seeks to file the document under seal because another party has designated it as confidential during discovery, the filing party and the designating party must meet and confer to determine whether the designating party will withdraw the confidential designation or will agree to redact the document so that sealing is unnecessary.

Summary: Before seeking to seal a discovery document designated confidential by another party, the parties must meet and confer about withdrawing the designation or redacting the document.

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Civil cases

Parties must protect sensitive information by redacting sensitive information (including, but not limited to, the mandatory redactions of LCR 5.2) that the court does not need to consider. A party who cannot avoid filing a document under seal must comply with the remainder of this rule.

Summary: Parties must redact sensitive information the court need not consider, and a party unable to avoid sealing must follow the rest of the sealing rule.

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Civil cases

Filing a motion or stipulated motion to seal permits the party to file the document under seal without prior court approval pending the court’s ruling on the motion to seal. The document will be kept under seal until the court determines whether it should remain sealed.

Summary: After filing a motion to seal, a party may file the document under seal without prior approval, and it remains sealed until the court rules.

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Civil cases

document filed electronically, an otherwise blank page reading “EXHIBIT __ FILED UNDER SEAL” shall replace the exhibit in the document filed without sealing, and the exhibit to be filed under seal shall be filed as a separate sealed docket entry.

Summary: For an electronically filed document containing a sealed exhibit, replace the exhibit in the public filing with a blank page marked “EXHIBIT __ FILED UNDER SEAL” and file the exhibit as a separate sealed docket entry.

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Civil cases

(5) Only in rare circumstances should a party file a motion, opposition, or reply under seal. A party who cannot avoid including confidential information in a motion, opposition, or reply must follow this procedure: (A) The party shall redact the confidential information from the motion, opposition, or reply and publicly file the redacted motion, opposition, or reply; and (B) The party shall file the unredacted motion, opposition, or reply under seal, accompanied by a motion or stipulated motion to seal the unredacted motion, opposition, or reply in compliance with part (3) above.

Summary: Filing a motion, opposition, or reply under seal should occur only in rare circumstances; if confidential information cannot be avoided, publicly file a redacted version and file the unredacted version under seal with a motion or stipulated motion to seal.

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Civil cases

If a document is withdrawn on this basis, the parties shall not refer to it in any pleadings, motions or other filings, and the court will not consider it.

Summary: If the court withdraws a document instead of unsealing it, parties must not refer to it in filings and the court will not consider it.

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Civil cases

This requirement applies to pro se parties and others who are exempt from mandatory electronic filing and to parties submitting courtesy copies.

Summary: The sealed-envelope marking requirement also applies to pro se parties, others exempt from mandatory e-filing, and parties submitting courtesy copies.

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Criminal cases

Motions practice in connection with Grand Jury proceedings and process issued in aid of such proceedings shall be accorded the secrecy protections as set forth in Fed. R. Crim. P. 6(e).

Summary: Grand Jury motions practice must be accorded secrecy protections under Fed. R. Crim. P. 6(e).

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Criminal cases

The Clerk’s office shall accept for filing under seal without the need for further judicial authorization all motions and accompanying papers designated by counsel as related to Grand Jury matters.

Summary: Grand Jury motions and related papers may be filed under seal without judicial authorization.

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Criminal cases

If the government intends to file a § 5K1.1 motion for substantial assistance, the motion must be served on all counsel and filed under seal at least fourteen days prior to sentencing. In such event, the government must also serve and file under seal a written statement of the nature and extent of the defendant's cooperation.

Summary: Section 5K1.1 motion and supporting written statement must be filed under seal at least 14 days before sentencing.

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Criminal cases

Probation or supervised release violation petitions for warrants are filed under seal and remain sealed pending the defendant’s court appearance. Upon a defendant’s initial appearance for the violation(s), the petition is unsealed and made publicly accessible.

Summary: Warrant petitions for probation/supervised release violations are filed under seal and unsealed upon defendant's initial appearance.

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Criminal cases

Violation memos for both warrant petitions and summons petitions remain court-only documents and are not available to the public.

Summary: Violation memos for probation/supervised release violations are court-only documents and not publicly accessible.

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Criminal cases

If the following matters or items are filed, they shall be filed under seal, with access provided only to court staff: (1) grand jury matters; (2) pretrial services reports and recommendations; (3) petitions for warrant, until the defendant appears on the petition; (4) financial affidavits in support of motions for appointment of counsel; (5) materials relating to motions for leave to withdraw as counsel; (6) psychological or psychiatric reports; (7) lists of prospective or seated jurors; (8) transcripts of voir dire; (9) materials relating to a defendant’s cooperation, e.g. U.S.S.G. § 5K1.1, 18 U.S.C. § 3553(e) memos, or Fed. R. Crim. P. 35(b), and supporting documents may be filed electronically via CM/ECF pursuant to General Order 12-23 of this court so they do not appear on the publicly available docket. These materials must be served on the opposing party via traditional means; (10) release status reports; (11) final presentence reports and recommendations; (12) the judge’s statement of reasons for the sentence imposed; and (13) documents received from a defendant who is represented by counsel may be forwarded to counsel or filed under seal, pending review by and specific order of the court. Pro se motions to disqualify counsel should ordinarily be filed under seal and ex parte.

Summary: Thirteen categories of documents must be filed under seal with access limited to court staff, including grand jury matters, pretrial services reports, financial affidavits, cooperation materials, presentence reports, and others.

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Criminal cases

If a party wishes to file under seal materials other than those enumerated above, a motion or stipulated motion to seal must be made or filed before or at the same time the party files the sealed materials. The motion should set forth a specific statement of the applicable legal standard and the reasons for keeping a document under seal, with evidentiary support from declarations when necessary.

Summary: Parties must file a motion to seal before or simultaneously with filing materials not in the presumptively sealed categories, including a specific statement of the legal standard and reasons.

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Civil cases

This confidentiality restriction shall apply only between the parties, and does not entitle such documents or information to be filed under seal without leave of Court.

Summary: Confidential documents cannot be filed under seal without a motion requesting leave of Court.

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There is a strong presumption of public access to the court’s records. This rule applies in all instances where a party seeks to overcome that presumption by filing a document under seal, thereby denying public access to that document. Alternatives to filing a document under seal are to be considered, including considering whether the document could be filed in a redacted version to address secrecy, privacy or confidentiality concerns while still providing the relevant information. See Fed. R. Bankr. P. 9037.

Summary: There is a strong presumption of public access; parties must consider alternatives to sealing, including redaction.

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In the rare circumstance that the motion to seal, or the opposition, reply, or declarations in support, if any, must be filed under seal, the filing party must still prepare and file a motion to file the pleading under seal, then file the motion, opposition, reply or declaration as a sealed document using a designated ECF event.

Summary: If the motion to seal itself contains sensitive material, the party must still file a motion to seal and then file the sealed document using a designated ECF event.

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Parties who are not ECF participants may submit a motion to file under seal and the documents sought to be filed under seal on paper, in accordance with Local Bankruptcy Rule 5005-2.

Summary: Non-ECF participants may submit sealing motions and documents on paper per Local Bankruptcy Rule 5005-2.

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If the document to be filed under seal is an exhibit to another document, an otherwise blank page should be inserted into the openly filed document reading "Exhibit __: FILED UNDER SEAL".

Summary: When sealing an exhibit within a public document, insert a blank page reading "Exhibit __: FILED UNDER SEAL".

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A document on paper sought to be sealed shall be presented to the Clerk in an envelope with the case caption, case number, and "SEALED DOCUMENT" clearly marked on the outside of the envelope.

Summary: Paper documents for sealing must be delivered to the Clerk in an envelope marked "SEALED DOCUMENT" with case caption and number.

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Except as provided under 11 U.S.C. §§107(c)(2) and (3) or otherwise ordered by the court, only the filer, members of the judicial chambers assigned to the particular case, and the court’s Information Technology staff shall have access to the sealed document.

Summary: Access to sealed documents is limited to the filer, assigned chambers, and IT staff, unless otherwise ordered or provided by statute.

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Civil cases

(6) When the court denies a motion to seal, the clerk will unseal the document unless (1) the court orders otherwise, or (2) the party who is relying on the sealed document requests in the motion to seal or response that, if the motion to seal is denied, the court withdraw the document from the record rather than unseal it. If a document is withdrawn on this basis, the parties shall not refer to it in any pleadings, motions or other filings, and the court will not consider it.

Summary: Denied motions to seal result in unsealing unless withdrawal is requested; withdrawn documents cannot be referenced.

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Remember that you must remove certain personal identifying information in all papers filed with the Court. This includes dates of birth, names of minor children, social security numbers, financial account numbers, passport and driver license numbers.

Summary: Personal identifying information must be redacted from all filings

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If the judge denies your motion to seal, the clerk will unseal the document. In addition, the party who is relying on the sealed document may also request that the court withdraw the document from the record rather than unseal it, as established by LCR 5(g)(6).

Summary: Denied motions to seal result in document unsealing, with option to withdraw from record.

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Civil cases

Counsel are advised to avoid eliciting witnesses' personal identifiers such as social security numbers, financial account information, names of minor children, dates of birth and home addresses. If such information inadvertently becomes part of the record, counsel may request redaction of such items.

Summary: Counsel must avoid eliciting personal identifiers; may request redaction if inadvertently disclosed.

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Criminal cases

Where reasonable and articulable witness safety concerns are present, the government may redact the names of witnesses for whom such concerns are presented, while still identifying the number of witnesses, both named and redacted on its list.

Summary: Government may redact witness names for safety concerns but must still identify total number of witnesses.

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Criminal cases

Names of trial jurors shall not be disclosed to the public or media outside open court, except upon order of the court. A request for disclosure of petit juror names to the public or media must be made to the presiding judge. Juror names which may be part of a transcript of court proceedings will be restricted from remote electronic public access. Counsel may not release a jury list or a transcript of voir dire to a defendant except upon order of the court.

Summary: Juror names are confidential; disclosure to public/media requires court order; transcripts with juror names restricted from remote access; counsel cannot release jury list or voir dire transcript to defendant without court order.

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Criminal cases

Each copy of a probation or supervised release violation memo which this court has or does make available to the United States Parole Commission, the Bureau of Prisons, the United States Sentencing Commission or any other agency for any reason whatever constitutes a confidential court document and shall be presumed to remain under the continuing control of the court during the time that such violation memo is in the temporary custody of any of these agencies.

Summary: Violation memos provided to agencies remain confidential court documents under continuing court control.

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Criminal cases

Except for the government and defense counsel, copies of the probation or supervised release sentencing recommendation are not for disclosure to outside agencies.

Summary: Sentencing recommendations for probation/supervised release are not to be disclosed to outside agencies except government and defense counsel.

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Criminal cases

When the court denies a motion to seal, the clerk will unseal the document unless (1) the court orders otherwise, or (2) the party who is relying on the sealed document requests in the motion to seal or response that, if the motion to seal is denied, the court withdraw the document from the record rather than unseal it. If a document is withdrawn on this basis, the parties shall not refer to it in any pleadings, motions or other filings, and the court will not consider it.

Summary: When a motion to seal is denied, the document will be unsealed unless the party requests withdrawal; withdrawn documents cannot be referenced or considered.

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Civil cases

Counsel are advised to avoid eliciting witnesses' personal identifiers such as social security numbers, financial account information, names of minor children, dates of birth and home addresses. If such information inadvertently becomes part of the record, counsel may request redaction of such items.

Summary: Avoid eliciting personal identifiers from witnesses; redaction available if inadvertently disclosed

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For a helpful guide on properly redacting sensitive information from documents (including redactions required under FRCP and LCR 5.2(a)), see https://www.cand.uscourts.gov/cases-e-filing/cm-ecf/preparing-my-filing/redaction-of-information/.

Summary: Guide available for redacting sensitive information from documents.

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Criminal cases

The Court generally considers all evidence presented at trial, including confidential materials, to be matters of public record. Although the parties may move or stipulate to maintaining as confidential any sealed information used at trial, the Court retains the authority to determine what evidence should be part of the public record.

Summary: Court considers trial evidence, including confidential materials, to be public record unless otherwise determined.

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(n) Have authority to order the sealing and unsealing of documents by the clerk of the court;

Summary: Magistrate judges can order sealing/unsealing of documents by the clerk.

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Civil cases

(7) When a court grants a motion to seal or otherwise permits a document to remain under seal, the document will remain under seal until further order of the court.

Summary: Sealed documents remain sealed until further court order.

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Civil cases

(8) Parties may file a motion or stipulated motion requesting that the court unseal a document. A non-party seeking access to a sealed document may intervene in a case for the purpose of filing a motion to unseal the document.

Summary: Parties or non-parties may file motions to unseal sealed documents.

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Sealed documents .............................................................................................. 34

Summary: Sealed document procedures section begins

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If the judge grants your motion to seal or permits a document to remain under seal, the document will remain sealed until further order of the court, as established by LCR 5(g)(7).

Summary: Sealed documents remain sealed until further court order.

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Civil cases

Examinations: Counsel are advised to avoid eliciting witnesses' personal identifiers such as social security numbers, financial account information, names of minor children, dates of birth and home addresses. If such information inadvertently becomes part of the record, counsel may request redaction of such items.

Summary: Counsel should avoid eliciting personal identifiers from witnesses; if inadvertently recorded, redaction may be requested.

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Criminal cases

Ex parte applications and orders thereon may be filed and maintained under seal until the witnesses have testified.

Summary: Ex parte applications and orders for witness costs may be filed under seal until the witnesses testify.

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Criminal cases

returns of service on such witnesses are to be filed and maintained under seal until the witnesses have testified.

Summary: Returns of service for subpoenas on defendants unable to pay must be filed under seal until the witnesses testify.

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Criminal cases

Petitions for Summons are not filed under seal and are publicly accessible upon filing.

Summary: Summons petitions for probation/supervised release violations are not sealed and are publicly accessible upon filing.

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Criminal cases

Parties may file a motion or stipulated motion requesting that the court unseal a document.

Summary: Parties may file a motion to unseal a document.