Motion to File Document Under Seal

 

 United States District Court
 Eastern District of California

 

Prior Court Order Required To File Documents Under Seal

In the Eastern District of California, a filing party must obtain a prior court order to file documents more...   

Often parties move to obtain an order to file documents under seal. This procedural guide sets forth the requirements for seeking an order to file documents under seal by noticed more...

No Deadline

An application to file documents under seal in the Central District is governed by Eastern District Local Rule more...

Opposition to Sealing Requests--Submit Within 3 Days of Service of Notice

A party or any opponent may submit an opposition to the "Request to Seal Documents" within 3 days more...

Discovery Motion Distinguished

This procedural guide covers filing documents under seal with the court. It does not cover protection for documents exchanged with other parties. more...

Service of Notice, Motion and Affidavits Under the FRCP

In Case of Conflict Follow Local Rules

Editor's Note: In case of conflict between local rules and the Federal Rules of Civil Procedure regarding motion more...

Notice, Motion and Affidavits--14 Days Before Hearing

A written motion and notice of the hearing must be served at least before the time specified for the hearing, except, when the motion may be heard ex parte, when these more...

Opposing Affidavits--7 Days Before Hearing

Except as Rule 59(c) provides otherwise, any opposing affidavit must be served at least before the hearing, unless the court permits service at another time. more...

Service by Mail, Delivery to Clerk, Electronic or Other Means--3 Additional Days

When a party may or must act within a specified time after service and service is made under more...

Calculating the Due Date or Deadline

Under amended FRCP 6(a)(1), all deadlines stated in days, no matter the length of the period, are

When determining the last day of a filing period stated in days, a day on which the

The end of the last day of a period is defined as midnight in the court's time

In determining what is the "next" day, one must continue counting in the same direction - that

Presumption of Public Access; Limits to Protection

All information provided to the Court in a specific action is presumptively public, but may be sealed Eastern District of California SmartRules Guide: MOTION FOR PROTECTIVE ORDER. more...

Court Order Required

Documents may be sealed only upon written order of the Court. Specific requests to seal must be

Notice of Request to Seal

Notice that a request to seal has been made will typically be filed in the publicly available

Requests to Seal--Required Submissions

A party seeking to seal documents must submit a "Notice of Request to Seal Documents," a "Request

Notice--Required Content

The Notice must describe generally the documents sought to be sealed, the basis for sealing, the manner

Request to Seal--Required Contents

The "Request to Seal Documents" must set forth the statutory or other authority for sealing, the requested duration,

Consecutive Pagination Required

The documents for which sealing is requested must be paginated consecutively so that they may be identified without

Unsealing Documents

Upon the motion of any person, or upon the Court's own motion, the Court may, upon a

Redaction and Sealing Requirements

Protection of Private Information

Pursuant to the Judicial Conference Policy on Privacy and Electronic Access to Case Files, and the E-Government Act more...

Minors' names: In criminal actions, use the minors' initials; in civil actions use initials where federal or state more...

Financial account numbers: Identify the name or type of account and the financial institution where maintained, but use more...

Social Security numbers: Use only the last four numbers; more...

Dates of birth: Use only the year; more...

All other circumstances where federal law would require redaction. more...

No other redactions are permitted unless the assigned Judge or Magistrate Judge has authorized the redaction. CM/ECF Final Procedures C16.0; more...

Other Redaction

Counsel has the responsibility to be cognizant of federal privacy law and, when appropriate, state privacy law. more...

Reference List Filed Under Seal

If the Court so orders, a filing that contains redacted information may be filed together with a reference more...

Unredacted Private Information Submitted Under Seal

Pursuant to the terms of a protective order, or other law, an attorney or litigant may seek to more...

No Sua Sponte Sealing or Redaction

Neither the Clerk nor the Court will review filed documents for compliance with privacy or other protective law, more...

Exceptions to Redaction Requirements

Filings of administrative transcripts, see L.R. 138(b), need not be redacted to comply with this Rule. Filings of more...

Motion

A motion must be made in writing, (unless made during a hearing or at trial), and must set more...

Contents of Moving Papers

The moving party shall file with the Clerk a notice of motion, motion, accompanying briefs, affidavits, if appropriate, more...

Table of Contents Required

Briefs exceeding 15 pages in length must be accompanied by an indexed table of contents related to the more...

Page Limits

Neither the Federal Rules of Civil Procedure nor the Eastern District of California Local Rules provide a specific more...

Related or Counter-Motions Served at Opposition Deadline

Any counter-motion or other motion that a party may desire to make that is related to the general more...

Signature

Every pleading, written motion, and other paper must be signed by at least one attorney of record in more...

Electronic Signature

Anything filed using an attorney's name, login and password will be deemed to have been signed by that more...

Additional Requirements

Eastern District of California SmartRules Guide: GENERAL RULES AND FORMATTING REQUIREMENTS. more...

Supporting and Opposing Affidavits Under the FRCP

Any affidavit supporting a motion must be served with the motion. Except as Rule 59(c) provides otherwise, any more...

Eastern District of California SmartRules procedural guide: DECLARATIONS. more...

Declarations

Factual contentions involved in pretrial motions must be initially presented and heard upon affidavits, except that the court more...

Deposition Testimony Used With Affidavits

Depositions shall not be filed through CM/ECF. Before or upon the filing of a document making reference to more...

Do NOT File Deposition Transcripts Electronically

Depositions may not be electronically filed. . more...

Either File or Email Courtesy Copy

Depositions shall not be filed through CM/ECF. Before or upon the filing of a document making reference to more...

Deposition Does Not Become Part of Record

Neither hard copy nor electronic copy of the entire deposition will become part of the official record of more...

Proposed Order

Eastern District of California SmartRules procedural guide:PROPOSED ORDER. more...

Filing and Service of Motion and Opposition to File Under Seal

Moving Papers--File Electronically or Traditionally

The "Notice of Request to Seal Documents" must be filed electronically, or for non-electronic filers, must be submitted.

Submitting Request to Seal

The "Request to Seal Documents," the proposed order, and all documents covered by the Request must be either:

(1) e-mailed to the appropriate Judge or Magistrate Judge's proposed orders c-mail box listed on the Court's website,

(2) submitted on paper to the Clerk by hand delivery, by same-day or overnight courier, or by

.

Service of Request to Seal, Exceptions

Except in matters in which it is clearly appropriate not to serve the "Request to Seal Documents,".

Submission of Opposition to Sealing Requests

(1) e-mailed to the appropriate Judge or Magistrate Judge's proposed orders e-mail box listed on the Court's website,

(2) submitted on paper to the Clerk by hand delivery, or by same-day or overnight courier, in

.

Service of Opposition Papers

The Opposition must be served on the party or parties requesting sealing and on any other party.

Overview of ECF Filing and Service

Unless excused by the Court or by the electronic filing procedures set forth in the ECF Rules, attorneys more...

Method

For instructions on filing papers using the ECF system, Eastern District of California SmartRules procedural guide: FILING DOCUMENTS. more...

Service on Parties Who Have Consented to Electronic Service

When counsel have consented to electronic service, the Notice of Electronic Filing will constitute automatic service of the more...

Service on Unregistered Parties

If parties are not registered for the CM/ECF system, , prisoners or litigants, the notice will state that those parties were not electronically served. It is the duty of counsel more...

Other Filing Rules

Filing Required

Papers must be filed with the court, together with a certificate of service, within a reasonable time after more...

Filing of Multiple Copies of Paper Documents

One additional legible conformed copy of all paper documents to be filed or lodged shall be delivered to more...

Other Service Rules

Service Upon All Parties

Unless a party expressly waives service, copies of all documents submitted to the Court shall be served upon more...

Service Upon Attorney

Service of all documents authorized to be served is complete when served upon the attorney for the party. more...

Proof of Service for Paper Documents

When service of any pleading, notice, motion, or other document required to be served is made, proof of more...

Orders on Sealing Requests

Following review of a "Request to Seal Documents," the documents sought to be sealed, and any opposition to

Order--Required Contents

The order must identify the documents for which sealing has been granted or denied by page number

Disposition of Documents

Upon issuance of an order on a sealing request, the Clerk will file under seal the "Request

Denial of Request

If a Request is denied in full or in part, the Clerk will return to the submitting

Request Granted

If a Request is granted in full or in part, the disposition of documents to be sealed

Electronic Filer

If the requesting party is authorized to file electronically, then counsel for the requesting party must either e-mail

Non-Electronic Filer

If the requesting party is not authorized to file electronically, the Court will transmit to the Clerk

Request for Continuance of Hearing

Requests for continuances of hearings on the motion calendar, upon stipulation or otherwise, shall be made to the more...

Disposition Without Appearance

The court may make provision by rule or order for the submission and determination of motions without oral more...

Oral Argument; Submission

Upon the call of the motion, the Court will hear appropriate and reasonable oral argument.Alternatively, the motion may be submitted upon the record and briefs on file if the parties stipulate thereto, more...

Failure to Appear Constitutes Withdrawal

Absent notice of intent to submit the matter on the briefs, failure to appear may be deemed withdrawal more...

Prevailing Party Must Prepare Order

If the Court makes an oral order and does not otherwise indicate, the prevailing party must prepare, serve, more...

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