(a) Motion for Order or Review. When a person or party seeks a
protective order under Fed. R. Civ. P. 26(c) and submits documents or items for in
camera review:
(1) the documents or items sought to be protected may be filed under seal,
without prior leave of court pursuant to LR 5.2(b)(1);
(2) the motion for protective order or in camera review and brief in
support must be filed in the public record and must describe the nature
of the documents or items in a manner that, without revealing
information sought to be protected, enables an assessment of the
propriety of a protective order; and
(3) the party may also file under seal a more detailed supplemental brief
in support of the motion for protective order.
(b) Filing Documents Subject to a Protective Order.
(1) Sealing Not Available. Documents constituting or containing
information subject to a protective order may, if filed in the court’s
record, be redacted but may not be filed under seal.
(2) Motion for Leave to Redact. Prior to filing a redacted version of a
document constituting or containing information subject to a
protective order, the filing party must:
(A) show that the public interest in open judicial records is
outweighed by a compelling reason based on specified facts; or
(B) if the document is filed in connection with a motion concerning
case management or trial management, make a particularized
showing under Fed. R. Civ. P. 26(c)(1) that good cause supports
redaction.
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D.Mont L.R. 26.4 Protective Orders
Civil Rule 38. Jury Trial
