INSTRUCTIONS TO ATTORNEYS
PROCEDURES FOR FILING UNDER SEAL DOCUMENTS IN
CRIMINAL CASES
REQUEST TO SEAL DOCUMENT(S) ONLY, NOT THE APPLICATION AND ORDER
Electronically file the application to seal and/or declaration giving notice or proof of service.
During the electronic filing process, attach the proposed order to the application. (Standard
procedure for filing any application with a proposed order).
Proposed order shall have an alternative signature line in case it is denied.
Counsel shall publicly file the document(s), if the party wants the Court to consider the
document(s).
After electronically filing the application and proof of service, send an e-mail to the chambers e-
mail at
[email protected], containing:
1. An Adobe PDF version of the application to seal;
2. Declaration giving notice or a proof of service;
3. Word version of the proposed order (with the proposed denied instructions); and
4. An Adobe PDF of the document(s) to be filed under seal with a caption page clearly
marked “UNDER SEAL.”
The subject line of the e-mail should have the case name and the words “UNDER SEAL
REQUEST.”
REQUEST TO SEAL THE APPLICATION, ORDER AND DOCUMENT(S)
Electronically file a NOTICE OF MANUAL FILING indicating that an application to seal,
declaration giving notice or a proof of service, proposed order sealing and under seal documents
have been submitted to the Court.
Send an e-mail to the chambers e-mail at
[email protected], containing:
1. An Adobe PDF version of the application to seal;
2. Declaration giving notice or a proof of service;
3. Word version of the proposed order (with the proposed denied instructions as stated
above); and
4. An Adobe PDF of the document(s) to be filed under seal with a caption page, clearly
marked “UNDER SEAL.”
The subject line of the e-mail should have the case number and the words “UNDER SEAL
REQUEST.”
Please note: The title of the pleading will be placed on the public docket entry. For example:
“Declaration of John Doe, Exhibit A.” If approved, the document itself will be sealed and not
viewable by the public, but the entry (title) will be viewable.
1.
An application to file documents under seal must meet the requirements of Local Rule 79-5.
Documents that are not confidential or privileged in their entirety should not be filed under seal
if the confidential portions can be redacted and filed separately with reasonable amount of effort.
The parties should file both documents; complete versions of the pleadings and documents under
seal, and a redacted version for public viewing, omitting only such portions as the Court has
ordered may be filed under seal. ***On the un-redacted copies (sent via e-mail) the parties
ARE ORDERED to place in brackets and highlight the portion[s] of the document text
and/or exhibits that have been redacted.***
There is a strong presumption of access in cases. Foltz v. State Farm Mut. Auto. Ins. Co., 331
F.3d 1122, 1135 (9th Cir. 2003). For each document or other type of information sought to be
filed under seal, the party seeking protection must identify and discuss the factual or legal
justification for the Court to find “good cause” or “compelling reasons,” as appropriate, that such
document or type of information should be protected. Kamakana v. City and County of
Honolulu, 447 F.3d 1172, 1179-80 (9th Cir. 2006).
Sealing must be justified for each individual item to be sealed or redacted; blanket claims of
confidentiality are not allowed and will result in a denial of the application to seal. Counsel is
strongly encouraged to consider carefully whether sealing or redaction is required for a given
piece of evidence or argument. The inclusion of clearly meritless requests to seal or redact
documents may result in the complete rejection of an application to seal.
2.
