Sealed Documents

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Pursuant to Local Rule 79-5.1, no case or document shall be filed under seal without prior approval by the Court. If a filing under seal is requested, a written application and proposed order shall be presented along with the document for filing under seal. The original and judge’s copy of the document shall be sealed in separate envelopes with a copy of the title page attached to the front of each envelope (see sample attachment).

Applications and Orders to Seal, along with the material to be placed under seal, shall not be filed electronically, but shall be filed traditionally in the manner prescribed by Local Rule 79-5. Attorneys filing a document under this provision shall file electronically a Notice of Manual Filing (form G-92).

No case or document shall be filed under seal without prior approval by the Court. If a filing under seal is requested, a written appliction and proposed order shall be presented along with the document for filing under seal. The original and judge's copy of the document shall be sealed in separate envelopes with a copy of the title page attached to the front of each envelope. See sample attachment below.

All filings submitted under seal are to include an original and one copy, both blue-backed and two-hole punched, on 28 lined paper. The original shall be placed in a separate envelope with a copy of the title page attached to the front of the envelope designated as “ORIGINAL.” The copy shall also be placed in a separate envelope with a copy of the title page attached to the front of the envelope designated as “COPY.”

You must provide additional copies if you wish conformed copies. Conformed copies must be placed in separate sealed envelopes. They should not be placed in the envelope containing the original or judge’s copy of the document.

If a Notice of Filing/Lodging Under Seal is submitted for filing, the sealed document must be presented in its proper form at the same time the Notice is filed. If the document is being filed under seal pursuant to a prior order of the Court, i.e., continuing protective order, counsel must submit either a copy of the protective order or, under the case number on the title page, type “Filed Under Seal Pursuant To Protective Order Dated _______________.” Otherwise, the Clerk’s Office will not know whether there was a previous order allowing the document to be filed under seal.

To avoid confusion in the event the judge denies filing under seal, it is helpful to include language in the proposed order for optional dispositions of the underlying application, proposed order, and document(s) requested to be sealed. For example:

IF DENIED:

    The underlying document and the sealing application shall be returned to ____________________ without filing. Or,

    The underlying document and sealing application shall be filed, but not under seal.

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