any request to file documents under seal. Failure to follow the procedures set forth below shall
result in summary denial of any request or attempt to seal filed documents. Nothing in this rule
limits the ability of the parties, by agreement or order, to restrict access to documents that are not
filed with the court.
(A) Pre-authorized filing under seal.
(1) If a governing rule, statute, or order provides for filing documents under seal, the
party filing such documents shall designate in the caption that the document is to
be filed under seal and shall identify the rule, statute, or order that authorizes the
filing under seal.1 If the party is relying on an order not entered in the case at
issue, a copy of that order shall be attached.
(2) Ex parte applications for subpoenas under Fed. R. Crim. P. 17(b) are subject to
the automatic sealing provisions under the procedures of the preceding paragraph.
(B) In all other cases, counsel shall follow the rules set out below:
(1) A party seeking to file documents under seal shall file and serve a “Motion to
Seal” accompanied by a memorandum and the attachments set forth below in
subparagraphs (2) and (3). The memorandum shall (a) identify, with specificity,
the documents or portions thereof for which sealing is requested; (b) state the
reasons why sealing is necessary; (c) explain (for each document or group of
documents) why less drastic alternatives to sealing will not afford adequate
protection; and (d) address the factors governing sealing of documents reflected in
controlling case law. E.g., Ashcroft v. Conoco, Inc., 218 F.3d 288, 302 (4th Cir.
2000); In re Knight Publ’g Co., 743 F.2d 231, 235 (4th Cir. 1984).
A number of criminal rules and statutes require or authorize filing under seal. These
include but are not limited to (1) Fed. R. Crim. P. 6(e) (concerning material relating to grand jury
proceedings or investigations); (2) 18 U.S.C. § 2510 et seq. (dealing with court-approved
electronic surveillance); (3) 18 U.S.C. app. 3 §§1-16 (Classified Information Procedures Act, or
“CIPA”); (4) 50 U.S.C. § 1801 et seq. (Foreign Intelligence Surveillance Act or “FISA”).
(2) The motion shall be accompanied by (a) a non-confidential descriptive index of
the documents at issue and (b) counsel’s certification of compliance with this rule.
(3) A separately sealed attachment labeled “Confidential Information to be Submitted
to Court in Connection with Motion to Seal” shall be submitted with the motion.
The sealed attachment shall contain the documents at issue for the court’s in
camera review and shall not be filed. The court’s docket shall reflect that the
motion and memorandum were filed and were supported by a sealed attachment
submitted for in camera review.
(4) The clerk of court shall provide public notice of the motion to seal in the manner
directed by the court. Absent direction to the contrary, this may be accomplished
by docketing the motion in a manner that discloses its nature as a motion to seal.
