Filing Information - Filing Procedures

 

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Procedure for Filing a Document Under Seal

The Clerk's Office will not file a document under seal unless you obtain an order from a judge directing the Clerk's Office to do so or if a statute or rule requires or permits the Clerk to file it under seal. The term "document" means any pleading, motion, other paper, or physical item that the federal rules of procedure (civil or criminal) permit or require to be filed. (See Local Civil Rule 79.3 and Local Criminal Rule 55.3).

To file a document under seal, you must present it to the Clerk's Office with an order to seal. Put the original document in a 9 ý x 12" (or larger) envelope clearly marked "SEALED". On the front of the envelope, display the case number, case style and title of the document. (This can be accomplished easily by making a photocopy of the top portion only of the document and attaching it to the front of the envelope.)  Place the required copy in a separate envelope, and follow the same procedure.

If only a portion of the document you are filing is to be placed under seal, remove the sealed portion and follow the instructions listed above.  In place of the sealed pages, insert a page stating "This page (or this exhibit) is filed under seal."  DO NOT FILE A SEALED DOCUMENT WITHIN AN UNSEALED DOCUMENT.

Do not tape or seal the envelope. The intake clerk must file stamp its contents. The Clerk's Office will ensure that the document remains  under seal throughout the process.

If you have not yet obtained an order to seal, present the document and required copy (in envelopes as described above) with a motion to file under seal and a proposed order. The Clerk's Office will defer filing the document until a judge has ruled on the motion.

A document filed under seal will remain sealed until 60 days after final disposition of the case unless an order of the court otherwise directs. If you desire that a document remain sealed beyond this period, you must move for such relief before expiration of the 60-day period. (See Local Civil Rule 79.4 and Local Criminal Rule 55.4)