(a) PRESUMPTION OF PUBLIC ACCESS. Sealing a docketed item,
including a settlement agreement, used in the adjudication or other
resolution of a claim or defense requires a reason sufficiently
compelling to overcome the presumption of public access. Sealing is not
authorized by a confidentiality agreement, a protective order, a
designation of confidentiality, or a stipulation.
(b) MOTION TO SEAL. A motion to seal an item:
(1) must include in the title “Motion to Seal Under [Statute,
Rule, or Order]” or, if no statute, rule, or order applies,
“Motion to Seal”;
(2) must describe the item;
(3) must establish:
(A) that filing the item is necessary,
(B) that sealing the item is necessary, and
(C) that using a redaction, a pseudonym, or a means other
than sealing is unavailable or unsatisfactory;
(4) must include a legal memorandum;
(5) must propose a duration for the seal;
(6) must state the name, mailing address, email address, and
telephone number of the person authorized to retrieve a sealed,
tangible item;
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
(7) must certify the name, mailing address, email address, and
telephone number of any non-party the movant knows or
reasonably should know has an interest in establishing or
maintaining the seal and the day on which, and the means by
which, the movant served or otherwise delivered the motion to
the non-party; and
(8) must include the item, which is sealed pending an order
resolving the motion.
(c) SUPPORTING OR OPPOSING A MOTION TO SEAL. Within
fourteen days after service or other delivery of a motion to seal, any
party or non-party interested in establishing or maintaining the seal may
file a memorandum supporting the seal. Within twenty-one days after
the filing of the motion to seal, any party or non-party opposing the
motion may respond. Neither the memorandum nor the response may
exceed seven pages, excluding the caption, the signature block, any
certificate of service, and any attachment.
(d) STAYING AN ORDER DENYING A MOTION TO SEAL. An order
denying a motion to seal is automatically stayed for fourteen days to
permit a motion to reconsider, for review, to withdraw the item, or for
other relief.
(e) EXPIRATION. Unless an order states another time, a seal under
this rule expires ninety days after a case is closed and all appeals are
exhausted. To prevent the content of a sealed item from appearing on
the docket after the seal expires, a party or interested non-party must
move for relief before the seal expires.
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
Chapter Two — Lawyers
