District of Columbia Sealing & Redaction Procedures

Redacted version required when filing motion to seal; must notify court if all portions must remain sealed.

Source text: A party must submit a redacted version, suitable for filing on the public docket, of any document that it proposes to seal at the same time the party files a motion to seal. If a party believes that all portions of a sealed document must remain sealed, the party must specifically notify the Court of that belief at the time of filing the motion to seal.

Protective orders alone insufficient for sealing; must confer with opposing party and provide results in motion to seal.

Source text: Parties may not rely solely on designation under a protective order to file documents under seal. Even when a protective order has been issued in a case, the Court cannot abdicate its responsibility to determine whether filings should be made available to the public, applying the test articulated in United States v. Hubbard, 650 F.2d 293 (D.C. Cir. 1980). Before moving to file under seal materials subject to a protective order, the moving party must confer with the opposing party and provide the results of that conferral process in the motion to

Sealed documents require motion to seal under Local Civil Rule 5.1(h).

Source text: Absent specific statutory authority, a proposed sealed document in an otherwise unsealed case must be accompanied with a motion to seal in accordance with Local Civil Rule 5.1(h) and be filed pursuant to the procedures established by the Clerk’s Office.

Sealing cannot be justified solely by protective order; unredacted copy with highlighted redactions must be filed.

Source text: Parties may not justify sealing solely on the basis that information is covered by a protective order. When proposing redactions, parties shall also file an unredacted copy of the document with the proposed redacted portions highlighted.

Unredacted courtesy copies required for sealed/redacted filings, with redacted portions highlighted

Source text: If the parties have redacted or filed under seal any portion of the motion papers or attendant exhibits, courtesy copies shall be unredacted, but the portions redacted from public filings should be highlighted, so that the Court will know to refrain from quoting those passages in opinions and orders.

Sealed documents in unsealed cases require motion to seal per Local Civil Rule 5.1(h).

Source text: Absent specific statutory authority, a proposed sealed document in an otherwise unsealed case must be accompanied with a motion to seal in accordance with Local Civil Rule 5.1(h) and be filed pursuant to the procedures established by the Clerk's Office.

Motions to seal must justify under Hubbard factors, propose redactions or explain impracticability, and include each document as separate exhibit.

Source text: Any motion for leave to file under seal shall: (1) explain why sealing specific information is justified in light of the factors set forth in United States v. Hubbard, 650 F.2d 293 (D.C. Cir. 1980); (2) propose redactions or explain why redactions are sufficiently impracticable to outweigh the presumption of public access; and (3) include as a separate exhibit each document sought to be sealed.

When proposing redactions, parties must file an unredacted copy with proposed redactions highlighted.

Source text: When proposing redactions, parties shall also file an unredacted copy of the document with the proposed redacted portions highlighted.

Sealed documents in totally sealed cases must be filed in paper with electronic copy.

Source text: (A) EXCEPTIONS TO ELECTRONIC FILING. (i) Every document filed under seal in a totally sealed case shall be filed in paper form accompanied by an electronic copy in a format deemed compatible by the Clerk's Office with CM/ECF filing. See LCvR 5.4(e)(1).

Favorable information the government seeks to withhold must be submitted to the Court for in camera review.

Source text: Finally, if the government has identified any information which is favorable to the defendant but which the government seeks to withhold from disclosure, the government shall submit such information to the Court for in camera review.

Government must submit favorable information sought to be withheld to Court for in camera review.

Source text: Finally, if the government has identified any information which is favorable to the defendant but which the government seeks to withhold from disclosure, the government shall submit such information to the Court for in camera review.

Motion for leave to file under seal requires both unredacted and proposed redacted versions.

Source text: when filing a motion for leave to file under seal, the moving party must not only submit the unredacted version that it seeks to file under seal, but also submit a proposed redacted version of the document for public docketing, if possible.

When filing under seal, submit both unredacted and proposed redacted versions.

Source text: In addition to Local Criminal Rule 49(f)(6), the parties should not presume that entire documents will be permitted to be filed under seal, but instead should strive to redact only the information that cannot be disclosed on the public docket. Therefore, when filing a motion for leave to file under seal, the moving party must not only submit the unredacted version that it seeks to file under seal, but also submit a proposed redacted version of the document for public docketing, if possible.

When seeking to seal, parties must submit both unredacted version for sealing and a proposed redacted version for public docketing.

Source text: In addition to Local Criminal Rule 49(f)(6), the parties should not presume that entire documents will be permitted to be filed under seal, but instead should strive to redact only the information that cannot be disclosed on the public docket. Therefore, when filing a motion for leave to file under seal, the moving party must not only submit the unredacted version that it seeks to file under seal, but also submit a proposed redacted version of the document for public docketing, if possible.

Protective order coverage alone is insufficient justification for sealing.

Source text: Parties may not justify sealing solely on the basis that information is covered by a protective order.

Sealed/redacted filings require unredacted courtesy copies with redacted portions highlighted.

Source text: If the parties have redacted or filed under seal any portion of the motion papers or attendant exhibits, courtesy copies shall be unredacted, but the portions redacted from public filings should be highlighted, so that the Court will know to refrain from quoting those passages in opinions and orders.

In widely publicized cases, parties must refrain from extrajudicial statements that could prejudice a fair trial.

Source text: Should such a case qualify as “widely publicized or sensationalized” under Local Criminal Rule 57.7(c), parties, witnesses, and counsel must refrain from making extrajudicial statements that are likely to interfere with the rights of the defendant to a fair trial by an impartial jury.