FILED
2024 DEC 1
CLERK
U.S. DISTRICT COURT
THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
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IN THE MATTER OF
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GENERAL ORDER
IMPLEMENTATION OF A PILOT
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No. 24-004
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PROGRAM FOR IMPROVED
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ELECTRONIC ACCESS TO CRIMINAL
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CASES AND DOCUMENTS
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Unless restricted by statute, rule of criminal procedure, or order, criminal
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proceedings and records of the court are presumptively open to the public. In
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continuation of the court’s efforts to preserve the public’s presumptive right to access
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cases, documents, and docket entries, the court is implementing a Pilot Program for
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criminal cases. Under the Pilot Program, certain documents and docket entries will have
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a presumptive level of restriction that determines who can electronically access the
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information.
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The Pilot Program will apply to all criminal cases and all documents filed in
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criminal cases on or after December 1, 2024. The Pilot Program will run from December
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1, 2024, to November 30, 2025, with an option for the Clerk’s Office to extend it for an
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additional year. The court will post on its website any information related to the renewal
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of the Pilot Program. The Local Rules of Practice impacted by this Pilot Program are
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identified in General Order 24-003 and in the local rules.
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Accordingly, IT IS HEREBY ORDERED that:
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1. DUCrimR 17-1 and DUCrimR 49-2 are suspended to permit
implementation of this Pilot Program.
2. Under this Order, specified criminal documents and docket entries are
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assigned a presumptive level of restriction that limits public access in order to:
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(A) comply with statutory requirements (e.g., 18 U.S.C. § 3123);
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(B) protect an accused’s right to a fair trial;
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(C) protect a presumptive victim, witness, or innocent person;
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(D) preserve the integrity of ongoing investigations; and
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(E) avoid flight or destruction of evidence.
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3. Under this Pilot Program, the court is retaining the designation of
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“SEALED,” and adding the following 3 levels of restriction that give certain parties
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electronic access:
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(A) restricted level 1 provides access to the parties (which includes all
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defendants in a multidefendant case) and the court; 1
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(B) restricted level 2 provides access to the filing party, counsel for the
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affected defendant(s), the government, and the court; and
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(C) restricted level 3 provides access to the filing party and the court.
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4. In addition to restricted levels 1–3, a document or docket entry, which may
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include the docket and names of parties, may be “SEALED” and will not be visible to the
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public. The docket number assigned to a “SEALED” document or docket entry will not
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be visible to the public, resulting in a skipped number.
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1 Generally, the probation officer assigned to the case has the same CM/ECF access as the
court.
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5. The Clerk’s Office will maintain, on the court’s website, a list identifying the
presumptive level of restriction for certain documents and docket entries. If a document
is not identified on the court’s list, it is presumed the document will be electronically
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available to the public. A copy of the court’s initial list is attached to this Order. During
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the Pilot Program, updates to the list will be posted to the website. The copy of the list
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attached to this Order will not be updated.
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6. To add a restricted access level for a document that is not on the court’s
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list, or to change or remove the presumptive access level of a document, with or without
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redactions, a party must file a motion, supported by a separately filed sealed
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memorandum. The motion will be publicly available on the case docket.
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a. The sealed memorandum must, if applicable: R
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i. identify whether the parties have met and conferred about the
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request and whether they agree with the requested relief;
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ii. identify and attach the document that is the subject of the
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motion;
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iii. identify either why the restriction is necessary and why it
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outweighs the presumption of public access, or why the
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presumptive level is unnecessary (stipulations between the
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parties or stipulated protective orders alone are insufficient to
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justify a restriction);
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iv. explain why an alternative to restriction (e.g., redaction) is
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unavailable or why only restriction from the public will
adequately protect the interest in question;
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v. explain how redaction will adequately protect the interest in
question while preserving the public’s right to access;
vi. identify the restriction level sought; and
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vii. include a proposed order as an exhibit, a copy of which must be
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emailed in an editable format to the assigned judge’s chambers.
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b. Upon a showing of good cause, the court may grant the motion and
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instruct the clerk’s office to change the restriction level.
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7. In an unsealed case, if a party wants a document that is not included on
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the court’s presumptive restriction level list under the designation “SEALED” to be
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sealed, the party must (1) file a motion for leave to file the document under seal using
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the “Sealed Motion” event in CM/ECF that explains the basis for the request, and (2)
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attach the document. If the sealed motion is granted, the party must refile the document
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using the “Sealed Entry/Document” event in CM/ECF.
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8. In sealed cases, a party cannot file documents using CM/ECF and must
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email any document to be filed in a sealed case to the clerk’s office at
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[email protected].
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9. During the Pilot Program, on request of the United States at the time a
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complaint or information is filed or a grand jury indictment is returned, including a case
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involving a juvenile, the clerk will seal the case at case opening unless the court orders
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otherwise. The case will remain sealed for 90 days or expire at the initial appearance of
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the last defendant, whichever occurs first, except for cases involving a juvenile because
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those cases remain sealed until the court orders otherwise.
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10. A party may move to extend the sealing of a case by emailing (1) a motion
setting forth good cause for the extension, and (2) a proposed order to the clerk’s office
at
[email protected].
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11. The clerk will not provide access to or copies of information contained in
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sealed cases, including the docket, unless ordered by the court or requested by the
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United States Marshal’s Service, United States Probation, Bureau of Prisons, or the
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filing party.
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12. If a sealed magistrate judge case, initiated by the filing of a sealed
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complaint, is merged into a criminal case where the information or indictment is
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unsealed, the magistrate judge case will be unsealed unless the court orders otherwise.
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Chambers, the clerk’s office, and the United States will perform an annual
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review for unsealing cases that are initiated by complaint following the procedure
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outlined in paragraphs 2 through 6 of General Order 22-015.
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SO ORDERED this 1st day of December, 2024.
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BY THE COURT:
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_____________________________________
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ROBERT J. SHELBY
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CHIEF UNITED STATES DISTRICT JUDGE
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PRESUMPTIVE RESTRICTION LEVEL LIST FOR CASES AND DOCUMENTS
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GENERAL ORDER 24-004 2
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Restricted Level 1– Court and all Parties
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Restricted Level 1 - Documents Expiration of Restriction Level
(Restriction Level Applies to the Document but (Unless Court Orders Otherwise)
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Docket Entry is Publicly Visible)
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Return of Service Indefinitely
Redaction Request – Transcript R
Indefinitely
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Motion to Redact Transcript Indefinitely
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Restricted Level 2 – Court, Filing Party, Counsel for Affected Defendant, and
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Government
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Restricted Level 2 - Documents Expiration of Restriction Level
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(Restriction Level Applies to the Document but (Unless Court Orders Otherwise)
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Docket Entry is Publicly Visible)
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Pretrial Services reports (bail reports) Indefinitely
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Pretrial Services Status Report Indefinitely
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Pretrial Services Supervision Report Indefinitely
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Presentence Investigative Report (including Indefinitely
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addenda and related documents,
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correspondence or other documents related to
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detention or sentencing, including letters,
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reports, certificates, awards, photographs, or
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other documents)
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Presentence Investigative Report for Sentence Indefinitely
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Reduction (including addenda and related
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During the pilot program the list on the website will be updated, but this General Order and copy of
the list will not be.
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Restricted Level 2 - Documents Expiration of Restriction Level
(Restriction Level Applies to the Document but (Unless Court Orders Otherwise)
Docket Entry is Publicly Visible)
documents, correspondence or other
documents related to detention or sentencing,
including letters, reports, certificates, awards,
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photographs, or other documents)
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Violation/Revocation Sentencing Report Indefinitely
(including addenda and related documents,
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correspondence or other documents related to
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detention or sentencing, including letters,
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reports, certificates, awards, photographs, or
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other documents)
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Supplemental Documents for Indefinitely
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Detention/Sentencing Consideration
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(correspondence or other documents related to
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detention or sentencing, including letters,
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reports, certificates, awards, photographs, or
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other documents provided to the court but not
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included in the PSR or Sentencing Memoranda)
Statements of reasons in judgments in criminal R
Indefinitely
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cases
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Information provided by a person or entity Indefinitely
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posting bond
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Sentencing Memorandum (if the party selects Indefinitely
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restricted access in CM/ECF, otherwise it will
be a public document)
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Jury Notes Indefinitely
Jury List Indefinitely
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Jury Seating Arrangement Indefinitely
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Jury Panel Record Indefinitely
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Progress Report (Drug Court) Indefinitely
Psychiatric Report Received Indefinitely
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Restitution List (if instructed by chambers, Indefinitely
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otherwise it will be a public document)
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Answer of Interrogatories to Garnishee Indefinitely
Summons Issued Indefinitely
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Summons Returned Unexecuted Indefinitely
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Summons Returned Executed Indefinitely
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Order for Exam (if instructed by chambers, Upon review at case disposition (by
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otherwise it will be a public document) chambers)
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Restricted Level 3 – Filing Party and Court
Restricted Level 3 - Documents Expiration of Access Level
(Restriction Level Applies to the Document and (Unless Court Orders Otherwise)
Most Docket Entry are Publicly Visible)
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Ex Parte Motion for Defense Authorization Indefinitely
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(requests for excess compensation, issuing a
subpoena, jail visits, appointment of experts)
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Ex Parte Motion for In Camera Review Upon chambers review
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Motion for Leave to Appeal in Forma Pauperis Indefinitely
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Financial Affidavit – CJA 23 Indefinitely
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Subpoena and Ex Parte Certificate of Indefinitely
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Compliance under DUCrimR 17-2
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Return of Service – Defense Subpoena Indefinitely
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Motion to Reappoint Counsel Indefinitely
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Motion to Re-Appoint Counsel (if pro se) Upon review by chambers
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Transcript under 90-day Restriction* Consistent with DUCrimR 49.1-1
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*Requesting party will have electronic access until the restriction expires.
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SEALED – Court
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SEALED - Documents Expiration of Access Level
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(The Document and Docket Entry are not (Unless Court Orders Otherwise)
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Publicly Visible)
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Memorandum in support of a motion to change Indefinitely
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the presumptive sealed access level
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Grand Jury material and other documents, Indefinitely
including the signed Indictment
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Cooperation-related materials and other Upon chambers review at filing
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documents
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Sealed Order (access level determined by Upon review at case disposition (by
chambers – default is court only) chambers)
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Victim’s sealed motion to quash or modify or Indefinitely
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otherwise object to a subpoena under DUCrimR
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17-2
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Lodged Document (if sealed - access level Upon review by chambers
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determined by chambers)
Sealed Entry-Document indefinitely
Warrant Issued Upon filing of executed warrant
Warrant Returned Unexecuted Upon filing of executed warrant
Sealed Judgments Indefinitely
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SEALED - Documents Expiration of Access Level
(The Document and Docket Entry are not (Unless Court Orders Otherwise)
Publicly Visible)
Sealed Judgment Returned Executed Indefinitely
Sealed Amended Judgments Indefinitely
Sealed Minute Entry Indefinitely
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Sealed Motion (and order) Upon review at case disposition (by
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chambers)
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Petition and Order (for supervision violations Upon filing of executed warrant (unless
requesting a warrant) address for defendant then indefinitely
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with redacted version)
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Order to Continue – Ends of Justice (if seal Indefinitely
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requested)
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Sealed Transcript Indefinitely
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Original Transcripts after redaction Indefinitely
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Memorandum in Support of Motion to Change Upon review by chambers
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Restriction Level
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Memorandum in Support of Motion to Remove Upon review by chambers
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All Restriction
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Memorandum in Support of Motion to Remove Upon review by chambers
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Restriction Subject to Redaction
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Pen Register and Trap/Trace Application, Upon review by chambers
supporting documents, and orders
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(18 U.S.C. §§ 3121, 3122, and 3123)
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Title III and Clone Pager Warrants, supporting Indefinitely
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documents, and orders
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GPS, Ping Order, latitude-longitude data, or E- Indefinitely
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911 data warrants, supporting documents
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Tax Disclosure Warrants, supporting documents, 90 days after the issuance date
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and orders (26 U.S.C. § 6103(i)(1))
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Telecommunications and telephone records 90 days after the issuance date
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warrants, supporting documents, and orders
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Transmission of Record on Appeal Sent to Indefinitely
USCA – Volumes containing non-public
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documents
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Sealed Indictment** Until 90 days after filing or last
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defendant (whichever occurs first)
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Sealed Information (Felony and Misdemeanor) Until 90 days after filing or last
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defendant (whichever occurs first)
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Sealed Complaint Until 90 days after filing or last
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defendant (whichever occurs first)
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Sealed Search Warrant Issued Consistent with DUCrimR 41-1
Sealed Search Warrant Returned Executed Consistent with DUCrimR 41-1
Sealed Search Warrant Returned Unexecuted Consistent with DUCrimR 41-1
Sealed Seizure Warrant Returned Executed Consistent with DUCrimR 41-1
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SEALED - Documents Expiration of Access Level
(The Document and Docket Entry are not (Unless Court Orders Otherwise)
Publicly Visible)
Motion to Reduce Sentence – USSC Upon chambers review
Amendment (if restriction requested)
Pretrial Services Report Recommendations Indefinitely
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Presentence Investigative Report Indefinitely
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Recommendations
Violation/Revocation Report Recommendations Indefinitely
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** Where a case is initiated under a sealed Indictment, sealed information, or sealed
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complaint—as well as a case involving a juvenile—the entire case will be sealed at case
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opening and will be unsealed as specified by General Order 24-004. If a case is
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unsealed, any documents on this list that were filed in those sealed cases will have a
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presumptive level of restriction as identified in this document.
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