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 publicly 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 documents listed
above (together in one envelope) must be delivered to Magistrate Judge Spaeth's Chambers box,
on the 7th floor of the Ronald Reagan Federal Building and United States Courthouse at
411 W. 4th St., Santa Ana, California, by 12:00 p.m. (noon) on the day after submission.
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 documents listed above
(together in one envelope) must be delivered to Magistrate Judge Spaeth's Chambers box, on the
7th floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. 4th St.,
Santa Ana, California, by 12:00 p.m. (noon) on the day after submission.
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.***
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.
