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E-Filing Under Seal in Civil Cases

E-filing a confidential document under seal is permitted by Civil L.R. 79-5. To avoid unintentionally disclosing confidential information, read all instructions and our FAQ on this page before you begin. If you make an e-filing mistake, follow the instructions on the Correcting E-Filing Mistakes page.


E-Filing the Administrative Motion to File Under Seal

INTRODUCTORY NOTES:

  • If another party has previously designated the documents as confidential, follow the separate procedures outlined below.
  • If you want a ruling on your motion to seal before filing the main document, submit the administrative motion at least two weeks before the filing deadline, and notify the judge’s courtroom deputy by email.
  1. In ECF, go to Civil → Motions:
  2. Select Administrative Motion to File Under Seal:
  3. Enter the case number and filer information.
    • Upload your Administrative Motion as the main document and include as attachments a Declaration and a Proposed Order.
    • No redacted version is required unless requested by the judge. If necessary, upload and label “Unredacted Version of [Document Name]” in the Description box.
  4. On the next screen, check this box:
  5. In the next step, you will be indicating that access should be restricted to the unredacted version of the document you seek to have sealed. You may also restrict access to the declaration if it is impossible to avoid specific reference to the confidential information therein. All other documents should remain unchecked and will be viewable by the public.
  6. Complete the e-filing. The motion, declaration, proposed order, and redacted version (if any) will be viewable by the public, but the unredacted version and (if appropriate, the declaration) will be marked “Restricted” on the docket and will not be viewable by the public or the filer.
  7. Email the Proposed Order to the Judge’s Proposed Order email address, available on each judge’s webpage. Links to each judge’s webpage are here.
  8. File redacted copies of the documents separately using the regular ECF event (e.g., motion, response) after e-filing the Administrative Motion. For supporting documents you have sought to be filed entirely under seal (e.g., an exhibit to a motion), file a placeholder.
  9. Manually serve non-ECF users (per Civil L.R. 5-1(h)(2)). Note that ECF users are automatically served but won’t have ECF access to sealed documents.

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What to do When the Court Rules on the Administrative Motion

If your administrative motion is GRANTED in its entirety, the unredacted document remains under seal, and only the redacted version (if any) will be publicly accessible.

If your Administrative Motion is DENIED in its entirety, or GRANTED/DENIED IN PART, the Court will alert you whether it will consider the information sought for sealing if filed publicly, permit its withdrawal without considering the information, or otherwise direct your next step.

When the document was designated confidential by another party, you must additionally:

• Identify in your declaration which portions have been designated confidential, and the party who so designated.
• Serve the declaration on the designating party the same day it’s filed.
• File a proof of service.

The designating party has 7 days to file a statement or declaration; failure to do so may result in the unsealing of the document.

Frequently Asked Questions about E-filing Under Seal

Q1: When is the document considered filed?

A:  When the Administrative Motion is filed, the attached documents are considered filed. However, file the motion early to allow the court enough time to review it.

Q2: How do I get ECF headers on my document for chambers copies?

A:  You can’t. ECF does not permit the public to view under seal documents. If the judge requires a chambers copy, submit your unredacted versions without ECF headers.

Q3: What if I have too many documents to upload with my Administrative Motion to File Under Seal?

A: Use Civil → Motions and Related Filings → Other Supporting Documents → Attachments to Administrative Motion to File Under Seal to upload additional documents securely.

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