(a) Order Required. No document may be filed under seal in non-sealed
criminal cases except pursuant to an order by the Court as set forth in subpart (b) of this
Rule and except for a response or reply to a criminal sealed motion or memorandum. For
the purposes of this Rule, the term “document” means any filing, including a motion,
memorandum, notice, exhibit, record, or other item to be filed under seal with the Court.
The motion seeking leave to file a proposed document under seal, however, will
automatically be filed under seal without need for a Court order.
(b) Procedure for Obtaining an Order to File a Document Under Seal.
Any motion or stipulation seeking leave to file a document under seal must set forth a
clear statement of the facts and legal authority justifying the filing of the document under
seal and must append (as a separate attachment) a proposed order granting the motion.
Any motion seeking leave to file a document under seal or requesting the entire case be
sealed, will automatically be filed under seal in criminal cases. The document or
documents that are subject of any such motion or stipulation must not be appended to the
motion or stipulation, and must be lodged with the Court separately consistent with
subpart (c)of this Rule.
(c) Lodging of Documents to Be Filed Under Seal.
(1) Lodging in Electronic Form. Generally, a document to be filed
under seal must be lodged with the Court in electronic form. The Electronic Case Filing
Administrative Policies and Procedures Manual (“the Administrative Manual”) sets for
the circumstances in which such documents must be lodged electronically and the
instructions for doing so.
(2) Exceptions: Lodging in Paper Form. A party or counsel who has
been exempted from the requirements to file papers electronically must lodge a document
to be submitted under seal with the Court in paper form, with a cover sheet prominently
displaying the notation “DOCUMENT SUBMITTED UNDER SEAL” and clearly
identifying:
(A) the document and the underlying motion to which it pertains;
(B) the number of pages submitted for lodging;
(C) the motion or stipulation seeking to have the document filed
under seal; and
(D) the case number and title of the case in which the document is
to be filed.
(d) Denial of Request to File a Document Under Seal. If a request to file
under seal is denied in part or in full, the lodged document will not be filed. If the
request is denied in full, the submitting party may, within five (5) days of the entry of the
order denying the request, resubmit the document for filing in the public record. If the
request is denied in part and granted in part, the party may re-submit the document in a
manner that conforms to the Court’s order and this Rule.
(e) Effect of Sealing. If the Court orders the sealing of any document, the
Clerk shall file the order to seal and secure the sealed document from public access.
