IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
STANDING ORDER ON SEALING DOCUMENTS AND INFORMATION
Courts have long recognized that the public has a common law right of access to judicial
proceedings and records. Nixon v. Warner Commc’ns, Inc., 435 U.S. 599, 597 (1978); S.E.C. v.
Van Waeyenberghe et al., 990 F.2d 845, 848 (5th Cir. 1993); see also United States v. Holy Land
Found. For Relief & Dev., 624 F.3d 685, 690 (5th Cir. 2010) (there is a “strong presumption that
all trial proceedings should be subject to scrutiny by the public.”). It is the Court’s duty to
balance the public’s common law right of access against the interests favoring nondisclosure.
Nixon, 435 U.S. at 602; Belo Broad. Corp. v. Clark, 654 F.2d 423, 429 (5th Cir. 1981). In
accordance with these guidelines, it is hereby ORDERED that the following procedures shall be
followed when seeking to seal information from the public:
A. Sealed Filings
Any party who wishes to file a sealed document must comply with the
requirements of Local Rule CV-5(a)(7). Pursuant to L.R. CV-5(a)(7)(B), the
sealed filing must include a certificate of service by counsel that clearly identifies
either (1) a corresponding motion to file under seal; or, (2) if no motion to seal
has been filed, the specific order of the Court that provides the authorization to
file under seal. Simply stating that a motion is being filed under seal pursuant to
the Court’s Protective Order is insufficient. Parties must specifically identify the
order granting authority to file under seal by Docket Number and point to the
specific provisions (page or paragraph numbers) that provide for the sealing of the
document in question.
Attachment of Sealed Documents
The attachment of a single document or multiple documents that need to
be filed under seal does not provide a basis to seal the entire filing. A party
seeking to attach a document or documents that contain proprietary information to
be sealed must separately file those documents and include a certificate of service
that complies with L.R. CV-5(a)(7).
B. Sealing the Courtroom
Requests to seal the courtroom and/or the record during a hearing or trial
MUST be made before the public disclosure of the information. In making a
request to seal, the requesting party must demonstrate: (1) that the information
sought to be protected is of such a sensitive nature that its disclosure creates a risk
of harm that outweighs the strong presumption in favor of public access to
judicial proceedings; and (2) that the parties have met and conferred in good faith
concerning the manner in which the sensitive information will be presented at the
hearing or at trial, with the goal of minimizing the need to seal the record and/or
the courtroom.
Except for requests to redact information referenced in Fed.R.Civ.P.
5.2(a), requests to seal, redact, or otherwise protect information after its public
disclosure at a hearing or trial must, in addition to the previous requirements,
show good cause as to why the motion was not made in advance of the disclosure.
Parties seeking redaction of a transcript must comply with the timing
requirements set forth in Local Rule CV-5.2.
The terms of this Standing Order shall immediately apply to and supplement all active
civil cases currently pending before the undersigned or that may otherwise be assigned to the
undersigned thereafter.
So ORDERED and SIGNED this 21st day of February, 2017.
