statute, or order, any party seeking to file documents under seal shall follow the mandatory
procedure described below. Failure to obtain prior approval as required by this rule 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, to restrict access to documents that are not filed with the court.
See Local Civ. Rule 26.08 (D.S.C.).
(A) A party seeking to file documents under seal shall file and serve a “Motion
to Seal” accompanied by a memorandum, see Local Civ. Rule 7.04
(D.S.C.), and the attachments set forth below in (B) and (C). The
memorandum shall (1) identify, with specificity, the documents or portions
thereof for which sealing is requested; (2) state the reasons why sealing is
necessary; (3) explain (for each document or group of documents) why less
drastic alternatives to sealing will not afford adequate protection; and (4)
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).
(B) The motion shall be accompanied by (1) a non-confidential, descriptive
index of the documents at issue and (2) counsel’s certification of
compliance with this rule.
(C) 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.
(D) 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.
(E) No settlement agreement filed with the court shall be sealed pursuant to the
terms of this rule.
