Overview of Filing Documents Under Seal
in a Non-Sealed Civil Case
The most common circumstance that requires navigation of Central District Local
Rule 79-5 (related to under seal filings in civil cases) is when a party seeks to file
documents that have been designated as confidential pursuant to a protective order.
To file these documents under seal, counsel must first seek leave to file under seal. This
document gives an overview of the steps required to do that. 1
Note: Notwithstanding Local Civil Rule 5-4.5 or any provision of Local Civil Rule 79-5,
and in the absence of a case-specific order to the contrary, the Court does not require
mandatory chambers copies in any case, nor does the Court require paper copies for
filing under seal.
PLEASE NOTE:
THIS OVERVIEW DOES NOT APPLY TO LESS COMMON CIRCUMSTANCES, SUCH AS:
Filing any document under seal in a criminal case. (See separate instructions.)
Filing a case-initiating document under seal. (Under seal complaints are rare. Consult Local Rule 79-5.2.1(a).)
Filing any document in an under-seal civil case. (Consult Local Rule 79-5.2.1(b).)
In camera documents. (These are rare. Consult Local Rule 79-6 and see note below.)
OVERVIEW OF STEPS REQUIRED TO FILE UNDER SEAL
I. IDENTIFY YOUR ROLE (L.R. 79-5.2.2(a)-(b))
Determine if you are both the Filing Party and the Designating Party. (Compare
L.R. 79-5.2.2(a) with L.R. 79-5.2.2(b).) This overview includes the additional steps
required in the most common circumstance, where the Filing Party differs from the
Designating Party.
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This document is not a substitute for a full understanding of the Court’s Local Rules.
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Overview of Filing Documents Under Seal
in a Non-Sealed Civil Case
II. GIVE NOTICE (L.R. 79-5.2.2(b))
Where the Filing Party differs from the Designating Party, the Filing Party must
give notice to the Designating Party of the intent to seek leave to file a document under
seal three days before filing the Application to do so. The purpose of this notice is “to
eliminate or minimize the need for filing under seal by means of redaction,” and also to
give the Designating Party time in which to prepare a Declaration to support an under-
seal filing if one is necessary.
III. FILE A PROPERLY SUPPORTED APPLICATION (L.R. 79-5.2.2(a))
A properly supported application usually consists of five documents: three
documents filed publicly and two documents filed non-publicly.
Although the Local Rule 79-5 refers to presentation in “paper format,” documents
are now almost always submitted to the CRD for processing by emailing them in PDF
format to the chambers email address.
A. PUBLIC DOCUMENTS (COUNSEL OR PARTIES FILE ON PUBLIC DOCKET)
Application for Leave to File Document Under Seal
Unless the Application and Proposed Order expressly state that the entire
document is proposed to be filed under seal, a Public Redacted Version of
the Document to be Filed Under Seal (public filing) (conspicuously labeled
“REDACTED VERSION OF DOCUMENT PROPOSED TO BE FILED UNDER
SEAL”) (filed by counsel or parties after under seal filing is approved)
Proposed Order (public filing)
B. NON-PUBLIC DOCUMENTS
Declaration in Support of Filing Under Seal (non-public filing)
Unredacted Version of Document to be Filed Under Seal (non-public filing)
(confidential portions highlighted in yellow) (conspicuously labeled as
“UNREDACTED VERSION OF DOCUMENT PROPOSED TO BE FILED UNDER
SEAL”)
IV. EMAIL (L.R. 5-4.4.2)
Email a Proposed Order (in proper format) to the chambers’ email address.
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Overview of Filing Documents Under Seal
in a Non-Sealed Civil Case
V. SERVE NON-PUBLIC DOCUMENTS (L.R. 5-3.1 & 79-5.3)
Because electronic service will be effectuated only as to the publicly filed
documents, the filing party must serve any non-publicly filed documents, together with
the Notice of Electronic Filing (“NEF”), on all relevant parties.
VI. FILE DECLARATION (DESIGNATING PARTY) (L.R. 79-5.2.2(b)(i))
No later than four days after the filing of the Application, the Designating Party is
required to file a Declaration supporting the filing of the designated materials under
seal.
VII. RECEIVE COURT’S RULING (L.R. 79-5.2.2(c))
After issuance of the Court’s ruling, in most cases, the Filing Party MUST TAKE
ACTION to make an appropriate filing, and must do so WITHIN THREE DAYS. The
required action differs based upon whether the Court grants the Application, denies the
Application, or grants in part and denies in part the Application. (L.R. 79-5.2.2(a).)
A. IF APPLICATION IS GRANTED
If Court GRANTS the Application, the Filing Party must PREPARE and
E-FILE UNDER SEAL an unredacted, non-highlighted version of the
document, properly labeled with “FILED UNDER SEAL PURSUANT TO
ORDER OF COURT DATED _______”
LINK filing to Court Order authorizing filing Under Seal.
LINK filing to associated publicly filed document.
SERVE any documents filed under seal, together with the NEF. (L.R.
5-3.1 & 79-5.3)
B. IF THE APPLICATION IS DENIED
If the Court DENIES the Application, the Filing Party must either:
PREPARE and publicly E-FILE an unredacted, non-highlighted version, OR
the Filing Party must UNDERSTAND that the document that was sought to
be filed under seal will not be considered by the Court.
LINK filing to relevant previously filed document.
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Overview of Filing Documents Under Seal
in a Non-Sealed Civil Case
C. IF THE APPLICATION IS GRANTED IN PART AND DENIED IN PART
If the Court GRANTS IN PART AND DENIES IN PART the Application,
the Filing Party must E-FILE a revised redacted version on the public docket
that redacts only the material the Court has identified as subject to under
seal protection. The Filing Party must also PREPARE and E-FILE UNDER
SEAL an unredacted, non-highlighted version of the document, properly
labeled with “FILED UNDER SEAL PURSUANT TO ORDER OF COURT DATED
_______”
LINK filing to Court Order authorizing filing Under Seal.
LINK filing to associated publicly filed document.
SERVE any documents filed under seal, together with the NEF. (L.R.
5-3.1 & 79-5.3)
***
Chambers Email Address All Documents, Including the required
submission of Proposed Orders in MS Word Format:
[email protected]
IN CAMERA DOCUMENTS
DOCUMENTS TO BE SUBMITTED IN CAMERA REQUIRE ADDITIONAL SPECIAL HANDLING.
Procedures for in camera review are set forth in Local Civil Rule 79-6. Documents submitted in
camera are not always filed, but when they are, they are almost always filed and maintained
under seal. Therefore, in camera documents are subject to these procedures, but the only the
Clerk, not counsel or a party, can file in camera documents on the case docket.
Always use the term “in camera” where a document is to be submitted solely for the Court’s
review. Use of the terms “under seal” and “ex parte” must not be used as substitutes when the
term “in camera” is more appropriate. Each document must be conspicuously labeled as “in
camera” on the first page. Marking such documents on every page (in the footer) as “in camera”
is also suggested. The use of red text or highlighting is encouraged.
Rev. 02.24.2026
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