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 under seal. Eastern Dist. LR 39-141(a)(amended and renumbered eff 12/1/09). Often parties move ex parte 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 motion, ex parte motion, and for electronic filers and pro se parties.

Ex Parte or Noticed Motion

Often, parties bring applications to file documents under seal on an ex parte basis. See Eastern District of California SmartRules procedural guide: EX PARTE MOTION. Parties may also seek to file documents under seal by noticed motion. This procedural guide covers the requirements for bringing a motion to file documents under seal by noticed motion.

No Deadline

An application to file documents under seal in the Central District is governed by Eastern District Local Rule 39-141. Local Rule 39-141 does not impose any deadline.

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. Parties may also seek to protect confidential information, including an order to seal certain documents, in the discovery process. In that case, a motion to file documents under seal is a sub-type of a motion for protective order governed by Federal Rule of Civil Procedure 26. See Eastern District of California SmartRules procedural guide: MOTION FOR PROTECTIVE ORDER.

Obtaining Order to File Under Seal By Noticed Motion

Local Rules Re Briefing Schedule

Scheduling the Hearing

Each Judge and Magistrate Judge will maintain an individual motion calendar. Information as to the times and dates for calling each motion calendar may be obtained from the Clerk. Eastern Dist. LR 78-230(a)(renumbered eff 12/1/09).

Service at Least Twenty-Eight (28) Days Before Hearing

Except as otherwise provided in the Local Rules or as ordered or allowed by the Court, all motions shall be noticed on the motion calendar of the assigned Judge or Magistrate Judge. The matter shall be set for hearing on the motion calendar of the Judge or Magistrate Judge to whom the action has been assigned or before whom the motion is to be heard, not less than twenty-eight (28) days after personal service and filing of the motion or not fewer than thirty-one (31) days after mailed service and filing of the motion. Eastern Dist. LR 78-230(b)(renumbered eff 12/1/09).

Defective or Insufficient Notice

Motions defectively noticed shall be filed, but not set for hearing; the Clerk shall immediately notify the moving party of the defective notice and of the next available dates and times for proper notice, and the moving party shall file and serve a new notice of motion setting forth a proper time and date. Eastern Dist. LR 78-230(b).

Service of Notice, Motion and Affidavits Under the FRCP

RULES AMENDED EFFECTIVE DECEMBER 1, 2009

Editor's Note: Most United States District Courts have local rules that set forth requirements regarding the service of moving, opposing and reply papers.In many cases these local rules provide different requirements than those set forth in the FRCP. It is recommended practice to follow local rule requirements with respect to briefing schedules for motions. SmartRules Guides include coverage of all local motion practice requirements following coverage of the requirements under the FRCP.

Notice, Motion and Affidavits--14 Days Before Hearing

A written motion and notice of the hearing must be served at least 5 14 days before the time specified for the hearing, except, when the motion may be heard ex parte, when these rules set a different time; or when a court order which a party may, for good cause, apply for ex parte sets a different time. FRCP 6(c)(1)(amended eff 12/1/09). Any affidavit supporting a motion must be served with the motion. FRCP 6(c)(2)(amended eff 12/1/09).

Opposing Affidavits--7 Days Before Hearing

Except as Rule 59(c) provides otherwise, any opposing affidavit must be served at least 1 7 days before the hearing, unless the court permits service at another time. FRCP 6(c)(2)(amended eff 12/1/09).

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 Rule 5(b)(2)(C)(mail), (D)(delivery to court clerk), (E)(electronic means), or (F)(other means consented to), 3 days are added after the period would otherwise expire under Rule 6(a). FRCP 6(d).

Calculating the Due Date or Deadline

RULE AMENDED EFFECTIVE DECEMBER 1, 2009

Under amended FRCP 6(a)(1), all deadlines stated in days, no matter the length of the period, are computed in the same way. The day of the event that triggers the deadline is not counted. All other days - including intermediate Saturdays, Sundays, and legal holidays - are counted, with only one exception: If the period ends on a Saturday, Sunday, or legal holiday, then the deadline falls on the next day that is not a Saturday, Sunday, or legal holiday. FRCP 6(a)(1)(amended eff 12/1/09).

When determining the last day of a filing period stated in days, a day on which the clerk's office is not accessible because of the weather or another reason is treated like a Saturday, Sunday, or legal holiday. FRCP 6(a)(3)(amended eff 12/1/09).

The end of the last day of a period is defined as midnight in the court's time zone for electronic filing, and closure of the clerk's office for filing by any other means. FRCP 6(a)(4)(amended eff 12/1/09).

In determining what is the "next" day, one must continue counting in the same direction - that is, forward when computing a forward-looking period and backward when computing a backward-looking period. FRCP 6(a)(5)(amended eff 12/1/09).

Legal holidays are set forth and defined at Rule 6(a)(6). FRCP 6(a)(6)(amended eff 12/1/09).

Local Rules

In the Eastern District of California, obtaining an order to file documents under seal is governed b more...

Court Order Required to Seal Documents

. more...

Request to Seal Required

To ensure that documents to be sealed are properly sealed, requests to seal must be made even if fed more...

Set Forth Authority For Sealing

The request must set forth the statutory or other authority for sealing, the requested duration, and more...

Filing Sealed Documents

"In actions subject to electronic filing, any document that has been authorized to be filed under se more...

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 more...

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

Financial account numbers: Identify the name or type of account and the financial institution where 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 r more...

Other Redaction

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

Reference List Filed Under Seal

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

No Sua Sponte Sealing or Redaction

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

Exceptions to Redaction Requirements

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

Unsealed Documents

When a formerly sealed document or case file is ordered unsealed, the Clerk shall make it available more...

Motion

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

Contents of Moving Papers

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

Table of Contents Required

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

Page Limits

Neither the Federal Rules of Civil Procedure nor the Eastern District of California Local Rules prov 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 su 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 th more...

Electronically Requesting To File Documents Under Seal

". . .[E]lectronic filers shall file a motion electronically to file a document under seal electroni more...

Documents Filed Ex Parte Under Seal

A motion to file a document ex parte under seal shall be clearly designated ex parte and presented t more...

Pro Se Parties Filing Under Seal

parties must submit documents to be sealed by paper filing along with a motion indicating that the 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 othe more...

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

Declarations

Factual contentions involved in pretrial motions must be initially presented and heard upon affidavi more...

Deposition Testimony Used With Affidavits

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

Deposition Does Not Become Part of Record

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

Proposed Order

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

Overview of ECF Filing and Service

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

Method

For instructions on filing papers using the ECF system, Eastern District of California SmartRules p more...

Service on Parties Who Have Consented to Electronic Service

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

Service on Unregistered Parties

If parties are not registered for the CM/ECF system, , prisoners or litigants, the notice will stat more...

Other Filing Rules

Filing Required

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

Filing of Multiple Copies of Paper Documents

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

Other Service Rules

Service Upon All Parties

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

Service Upon Attorney

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

Proof of Service for Paper Documents

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

Request for Continuance of Hearing

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

Disposition Without Appearance

The court may make provision by rule or order for the submission and determination of motions withou more...

Oral Argument; Submission

Upon the call of the motion, the Court will hear appropriate and reasonable oral argument.Alternativ more...

Failure to Appear Constitutes Withdrawal

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

Prevailing Party Must Prepare Order

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

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