INSTRUCTIONS TO ATTORNEYS
FOR FILING UNDER SEAL DOCUMENTS IN CRIMINAL CASES
I. General Information Regarding Applications to File Documents Under Seal
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 a
reasonable amount of effort. The parties should file both documents – a complete version
of the pleadings and document(s) under seal, and a redacted version for public viewing –
omitting only such portions as the court has ordered may be filed under seal.
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 are strongly encouraged to consider carefully whether sealing or redaction is
required for a given piece of evidence or argument. The inclusion of meritless requests to
seal or redact documents may result in the complete rejection of an application to seal.
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 captioned title will be viewable.
II. Applications to Seal Only Certain Documents (This Does Not Include the Sealing of
the Application and Order)
1. Electronically file the application to seal, the declaration giving notice and the
proof of service.
2. Attach as a separate document a proposed order to the electronically filed
application (use the standard procedure for filing an application with a
proposed order).
3. Indicate which of the three following actions will be taken if the application is
denied:
A. The documents should be returned to counsel;
B. The clerk will destroy the chambers copy of the document(s); or
C. Counsel will publicly file the document(s) for consideration by the Court.
4. After electronically filing the application, send an e-mail to
[email protected] with an attachment containing: (A) a
searchable Adobe PDF version of the application to seal; (B) a Word or Word
Perfect version of the proposed order granting/denying the application or
stipulation; and (C) a searchable Adobe PDF of the document(s) to be filed
under seal with a caption page clearly marked “UNDER SEAL.” The e-mail
should have the case number, plus the words “UNDER SEAL REQUEST” in
the subject line.
5. A mandatory chambers copy of the e-filed documents listed above shall be
delivered to the drop box outside chambers no later than noon the
following business day. All mandatory chambers copies shall fully comply
with the document formatting requirements of Local Rule 11, including the
“backing” requirements of Local Rule 11-4. Each document must be labeled
prominently, “Mandatory Chambers Copy,” on the front page and the notice
of electronic filing shall be attached to the back of the document.
III. Applications to Seal Where the Application and Order Should Also Be Sealed
1. Electronically file a NOTICE OF MANUAL FILING indicating that the following
have been submitted to the court: (A) an application to seal; (B) a declaration
giving notice; (C) a proof of service; (D) a proposed order; and (E) the
documents sought to be placed under seal.
2. Send an email to
[email protected] with an attachment
containing (A) a searchable Adobe PDF version of the application to seal with
supporting documents; (B) a Word or Word Perfect version of the proposed
order to seal the application (including the proposed action to be taken if the
application is denied; (C) the proposed order granting/denying application or
stipulation, etc.; and (D) a searchable Adobe PDF of the document(s) sought
to be filed under seal with a caption page clearly marked “UNDER SEAL.”
The e-mail should have the case number, plus the words “UNDER SEAL
REQUEST” in the subject line.
3. A mandatory chambers copy of the e-filed documents listed above shall be
delivered to the drop box outside chambers no later than noon the
following business day. All mandatory chambers copies shall fully comply
with the document formatting requirements of Local Rule 11, including the
“backing” requirements of Local Rule 11-4. Each document must be labeled
prominently, “Mandatory Chambers Copy,” on the front page and the notice
of electronic filing shall be attached to the back of the document.
2
