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's denied:
1. Counsel shall publically file the document(s), if the party wants the Court to consider the
document(s);
(Add an option below for return of documents)
2. Attorney shall retrieve the chambers copy of the document(s); or,
3. Clerk destroys the chambers copy of the document(s).
After electronically filing the application and proof of service, send an e-mail to the
chambers generic e-mail at
[email protected], containing an Adobe PDF
version of the application to seal, declaration giving notice or a proof of service, Word version
of the proposed order (with the proposed denied instructions) and 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, plus the words “UNDER SEAL
REQUEST”.
A mandatory paper chambers copy, tabbed (if appropriate), of the document listed above
must be delivered to Judge Walter’s courtesy box, located outside of Chambers, on the 7th floor,
by 10:00 a.m. on the day after submission (or as otherwise instructed).
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
an Adobe PDF version of the application to seal, declaration giving notice or a proof of
service, Word version of the proposed order (with the proposed denied instructions as
stated above) and 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,
plus the words “UNDER SEAL REQUEST”.
A mandatory paper chambers copy, tabbed (if appropriate), of the document listed above
must be delivered to Judge Walter’s courtesy box, located outside of Chambers, on the 7th floor,
by 10:00 a.m. on the day after submission (or as otherwise instructed).
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.
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 email
and the chambers’ copy, 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 civil 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.
