(a) Applicability. It is generally presumed that cases, parties, complaints, and documents
are publicly accessible. This rule applies when a party seeks to overcome the presumption
of public access by obtaining a sealing order. A party seeking to have a case, party,
complaint, document, or portion of a document filed under seal bears the burden of
demonstrating that such material should be sealed under applicable law.
This Rule does not apply when sealing is required by statute, rule, or court order. It also
does not apply to routine motions made by the government in criminal cases. Additional
guidance on sealing is contained in § 2(R) of the Administrative Procedures Guide for
Electronic Filing, which is available at http://www.nywd.uscourts.gov.
(b) Sealing a Case, Party, or Complaint. A party seeking to have a case, party, or complaint
sealed must deliver to the Clerk’s Office hard copies of the documents listed below, each
in fileable form. If any document or total number of documents exceeds 5 pages, the party
must also provide the Clerk’s Office with an optical disc (CD or DVD) containing each
document submitted for filing. A complaint presented for filing with a motion to seal in
compliance with this Rule will be opened as a sealed case pending resolution of the motion
to seal.
(1) The complaint;
(2) a notice of motion to seal;
(3) an affidavit, declaration, or affirmation that identifies the factual basis for sealing
the case, party, or complaint, and specifies the duration of the requested order;
(4) a memorandum of law setting forth (1) the applicable legal authority, (2) the
reasons why the case, party, or complaint should be sealed, and (3) the rationale
for the proposed duration of the requested order;
(5) a proposed order granting the motion to seal that contains specific findings
demonstrating that sealing is warranted under applicable law and specifies the
duration for which the case, party, or complaint will remain under seal.
(c) Sealing a Document on Notice. A party seeking to have a document or portion of a
document filed under seal on notice must satisfy each of the following requirements:
(1) Electronically file, or deliver to the Clerk’s Office for filing, a notice of motion to
seal on the public docket.
(2) Deliver to the chambers of the assigned judge (or to the Clerk’s Office, if so directed
by the assigned judge) the following items:
(A) Hard copies of the document for which sealing is sought, together with an
optical disc (CD or DVD) if the document or total number of documents
exceeds 5 pages;
(B) An affidavit, declaration, or affirmation that identifies (1) the nature of the
document for which sealing is sought, (2) the specific portions of the
document for which sealing is sought (if not the entirety), and (3) the
proposed duration of the requested order;
(C) A memorandum of law setting forth (1) the applicable legal authority, (2)
the reasons why the document should be sealed, and (3) the rationale for
the proposed duration of the requested order;
(D) A proposed order granting the motion to seal that specifies the material to
be sealed, contains specific findings demonstrating that sealing is warranted
under applicable law, and specifies the duration for which the document
will remain under seal;
(E) An envelope large enough to accommodate the proposed sealed document,
to which is affixed a label bearing the case name, case number, and the
words “Sealed per Order of Judge [name of Judge].”
(3) Deliver to all counsel of record copies of the items set forth in subsection (c)(2)(A)–
(D) of this Rule.
(d) Sealing a Document Without Notice (Ex Parte) A party seeking to have a document filed
under seal without notice (ex parte) must submit to the assigned judge’s chambers (or to
the Clerk’s Office, if so directed by the assigned judge) an affidavit, declaration, or
affirmation setting forth the extraordinary circumstances that warrant relief from the
requirements in subsections (c)(1) and (c)(3) of this Rule, together with the items required
by subsections (c)(2)(A)–(E) of this Rule.
(e) Sealing Orders. The Court has wide latitude in fashioning sealing orders. Sealing orders
may seal all, some, or none of the material submitted.
(f) Delivery of Documents. In the absence of consent of counsel (e.g., consent to electronic
service) or permission of the assigned judge otherwise, any document required to be
delivered under this Rule must be delivered in hard copy by hand delivery, first-class mail,
or other courier service.
(g) Incorporation of a Sealed or Pending-Seal Document in Other Filings. A document
sealed in whole or in part under this Rule, or sought to be sealed in whole or in part under
this Rule, may be used in other filings.
(1) If a document that has been sealed in its entirety, or for which such sealing has
been sought, is included in another filing, a single designation page for each such
document must be filed (e.g., “Sealed Affidavit” or “Sealed Exhibit Number ___”).
Where sealing is sought but ultimately denied, the document designated under this
provision will be deemed withdrawn without prejudice, unless an unsealed version
of the document is filed within 14 days of the entry date of the order denying the
motion to seal.
(2) If a document that has been only partially sealed, or for which such partial sealing
has been sought, is included in another filing, a redacted version of the document
must be filed. Where partial sealing is sought but ultimately denied, the document
designated under this provision will be deemed withdrawn without prejudice,
unless an unredacted version of the document is filed within 14 days of the entry
date of the order denying the motion to partially seal.
(3) Unless the Court orders otherwise, the filing date of any document filed in
compliance with subsection (g)(1) or (g)(2) of this Rule constitutes the operative
filing date for purposes of calculating timeliness under any applicable rule, statute,
or court-ordered deadline.
(h) Unsealing. A party seeking to have a case, party, complaint, document, or portion of a
document unsealed must do so by motion on notice.
