Delaware Court of Chancery Sealing & Redaction Procedures

CRITICALCivil cases

An aggrieved person or entity may move for public access to a confidential matter, and the Court determines whether good cause supports access.

Any person or entity aggrieved by the confidential treatment provisions of this rule may file a motion with the Court requesting public access to the matter. A copy of such motion shall be served upon any known party to the action. Any party to the action who believes that continued confidential treatment is required shall file a response to the motion within eleven days. After considering the motion and any response thereto, the Court shall determine whether good cause exists to allow public access to all or any portion of the record or the proceedings, notwithstanding the privacy concerns inherent in these fiduciary matters.

CRITICALCivil cases

If no public version exists, the filer must file one, and timely filing satisfies the challenge notice.

and a public version does not exist, then the filer of the Confidential Filing must file a public version. The timely filing of a public version satisfies the challenge notice.

CRITICALCivil cases

Confidential treatment expires three years after final disposition unless the Court orders otherwise, and the filing must become publicly accessible unless a timely extension motion is filed.

Unless the Court orders otherwise, confidential treatment expires three years after the final disposition of the action, and the Register in Chancery must make any Confidential Filing publicly accessible unless a person files a timely motion to extend confidential treatment.

CRITICALCivil cases

Counsel must obtain a required signed Undertaking before providing Confidential Discovery Material and retain it while the litigation is pending.

11. Counsel for any Party who provides Confidential Discovery Material to any person required to execute an Undertaking must obtain the signed Undertaking before providing the Confidential Discovery Material and retain the signed Undertaking during the pendency of the Litigation.

CRITICALCivil cases

A person bound by the stipulation must not disclose or use Confidential Discovery Material except as the stipulation permits.

I further agree not to disclose or use any Confidential Discovery Material (as defined in the Stipulation) for purposes other than those permitted under the Stipulation.

CRITICALCivil cases

Public access to a Filed Document may be limited only if it contains information maintained confidentially, not otherwise publicly available, whose public disclosure would cause particularized harm outweighing the public interest.

(b) Confidential Information. (1) Public access to a Filed Document may be limited only if the Filed Document contains Confidential Information. (2) “Confidential Information” means information: (A) that is maintained confidentially; (B) that is not otherwise publicly available; (C) where public access to the information will cause particularized harm; and (D) where the magnitude of the harm from public access to the information outweighs the public interest in the information.

CRITICALCivil cases

The notice must not be filed with the Register in Chancery.

(5) Notice Not Filed. The notice is not filed with the Register in Chancery.

CRITICALCivil cases

Nonpublic information received from other parties during mediation may be used only for the mediation.

Information received from other parties during the mediation that the recipient does not already have or that is not public shall be used only for the mediation and not for any other purpose.

CRITICALCivil cases

When a public version was filed before the challenge notice, the Register must make the Confidential Filing public unless someone timely moves to maintain confidential treatment.

If a public version of the challenged Confidential Filing has been filed before the filing of the challenge notice, then the Register in Chancery must make the Confidential Filing publicly accessible unless a person timely moves for an order maintaining its confidential treatment.

CRITICALCivil cases

Making a Confidential Filing certifies the filer’s compliance with the rule.

By making a Confidential Filing, the filer certifies compliance with this rule.

CRITICALCivil cases

A Witness may receive Confidential Discovery Material only after agreeing on the record or by signing an Undertaking to abide by the Stipulation, or after a court orders the person to do so.

10. Confidential Discovery Material may be provided to a Witness only after (i) the person agrees to abide by this Stipulation by making a statement on the record or by signing an Undertaking, or (ii) a court of competent jurisdiction orders the person to abide by the terms of this Stipulation.

CRITICALCivil cases

Mediation confidentiality may be waived only through a written agreement signed by all parties and the mediator.

The confidentiality of the mediation can be waived only by a written agreement signed by all parties and the mediator.

CRITICALCivil cases

For material filed under seal, substitute an appropriately worded page or document in its place and link to that substitute.

(i) To the extent any portion of a CD-ROM brief shall be filed under seal, the parties shall substitute an appropriately worded page or document into location of the document or portion of the document to be filed under seal. The hyperlink for the page or document shall link to the substituted page or document.

CRITICALCivil cases

Unless the Court orders otherwise, parties must omit or redact social security numbers, minor children’s names, dates of birth, and complete financial account numbers in filed papers.

Unless otherwise ordered by the Court, parties must not include— or must redact where inclusion is unavoidable—the following personal identifiers in papers filed with the Court: (1) social security numbers; (2) names of minor children; (3) dates of birth; and (4) complete financial account numbers.

CRITICALCivil cases

The mediator’s files and communications related to the controversy in or connected with mediation are confidential.

All memoranda, work product, and other materials contained in the files of the mediator are confidential. All communications made in or in connection with the mediation that relate to the controversy being mediated, whether with the mediator or a party during the mediation, are confidential.

CRITICALCivil cases

A person must make a Confidential Filing if the person believes someone else would contend that the paper contains Confidential Information.

(2) A person must make a Confidential Filing if the person believes that another person would contend that the paper contains Confidential Information.

CRITICALCivil cases

A CD-ROM brief filed under seal must include the entire e-brief and all materials, and its label must state “Filed under seal.”

(ii) A CD-ROM brief filed under seal shall include the entire e-brief including all materials and the label shall include: “Filed under seal.”

CRITICALCivil cases

Filers should omit or redact personally identifying information, including the listed sensitive information, under Rule 5(k).

(C) personally identifying information such as social security numbers, complete financial account numbers, dates of birth, and the names of minor children, which the filer should omit or redact under Rule 5(k).

CRITICALCivil cases

Confidential Discovery Material may not be disclosed to a person working with an expert who is a competitor of, or employed by a competitor of, the Producing Person unless the Court orders otherwise or the Producing Person consents.

however, Confidential Discovery Material may not be disclosed to any person working with the expert who is a Competitor or an employee of a Competitor of the Producing Person absent further order of the Court or consent of the Producing Person.

CRITICALCivil cases

Mediation is confidential, and only the mediator, parties, and their representatives may participate unless all parties consent otherwise.

Mediation is a confidential proceeding. Unless all parties consent, only the mediator, the parties, and their representatives may participate in the mediation.

CRITICALCivil cases

Guardianship Monitoring Program reports are confidential, and interested parties may receive copies only with Court approval.

Reports of the Guardianship Monitoring Program shall be filed by the Guardianship Advocacy Director, are confidential, and interested parties will not receive copies of the report except by approval of the Court.

CRITICALCivil cases

When a public version was filed before the challenge notice, the Confidential Filing must be made publicly accessible unless someone timely moves to maintain confidential treatment.

If a public version of the challenged Confidential Filing has been filed before the filing of the challenge notice, then the Register in Chancery must make the Confidential Filing publicly accessible unless a person timely moves for an order maintaining its confidential treatment.

CRITICALCivil cases

Anyone disclosing Confidential Discovery Material must tell the recipient it is disclosed under the Stipulation and that it must be protected against unauthorized disclosure.

12. Any person providing Confidential Discovery Material to another person must state that the information is being disclosed under this Stipulation and that the person receiving the Confidential Discovery Material must maintain it in a manner reasonably calculated to prevent unauthorized disclosure.

CRITICALCivil cases

Unless the Court orders otherwise, parties must omit or, if inclusion is unavoidable, redact social security numbers, minor children’s names, dates of birth, and complete financial account numbers from filed papers.

(k) Personally Identifying Information. Unless otherwise ordered by the Court, parties must not include— or must redact where inclusion is unavoidable—the following personal identifiers in papers filed with the Court: (1) social security numbers; (2) names of minor children; (3) dates of birth; and (4) complete financial account numbers.

CRITICALCivil cases

If a timely public version was required but was not filed before the challenge notice, the Register in Chancery must make the Confidential Filing publicly available.

If Rule 5.1(f)(1) required the filing of a timely public version of the challenged Confidential Filing, and if a public version of the challenged Confidential Filing was not filed before the filing of the challenge notice, then the Register in Chancery must make the Confidential Filing publicly available.

CRITICALCivil cases

Confidential Discovery Material used in open court or introduced as a trial exhibit becomes public unless the Producing Person obtains a court order maintaining its confidential status.

If any Confidential Discovery Material is used in open court during any proceeding or introduced into evidence as a trial exhibit, the material loses its confidential status and becomes part of the public record, unless the Producing Person applies for and obtains an order from the Court specifically maintaining the confidential status of the material.

CRITICALCivil cases

Confidential discovery material used in open court or admitted as a trial exhibit becomes public unless the Producing Person obtains a court order preserving its confidential status.

If any Confidential Discovery Material or Highly Confidential Discovery Material is used in open court during any proceeding or introduced into evidence as a trial exhibit, the material loses its confidential status and becomes part of the public record, unless the Producing Person applies for and obtains an order from the Court specifically maintaining the confidential status of the material.

CRITICALCivil cases

A recipient who designates additional information for redaction must identify it within the time period set by the rule.

The recipient of notice must identify any additional information for redaction within the time period set by this rule.

CRITICALCivil cases

Matters docketed as Civil Miscellaneous (C.M.) actions including, but not limited to, guardianships, and associated miscellaneous petitions are confidential and not subject to public disclosure or access by the general public. The confidential treatment of Civil Miscellaneous (C.M.) actions is not subject to the provisions of Rule 5.1 governing public access to documents filed with the Court in Civil Actions.

Matters docketed as Civil Miscellaneous (C.M.) actions including, but not limited to, guardianships, and associated miscellaneous petitions are confidential and not subject to public disclosure or access by the general public. The confidential treatment of Civil Miscellaneous (C.M.) actions is not subject to the provisions of Rule 5.1 governing public access to documents filed with the Court in Civil Actions.

CRITICALCivil cases

Discovery Material remains confidential while a motion to vacate its confidentiality designation is pending.

While the motion is pending, the Discovery Material remains Confidential Discovery Material.

CRITICALCivil cases

Access to a Confidential Filing must be restricted to the Court, the filer, persons served with it, and persons authorized by Court order.

(A) The docket system must allow the Court to restrict access to a Confidential Filing to the Court, the filer, persons served with the Confidential Filing, and persons otherwise given access to the Confidential Filing by Court order.

CRITICALCivil cases

A person must file a paper confidentially if they believe another person would contend that it contains Confidential Information.

A person must make a Confidential Filing if the person believes that another person would contend that the paper contains Confidential Information.

CRITICALCivil cases

Except for the referral order, the mediation record is confidential and unavailable to the public, and mediation materials are excluded from the public docket.

Except for the order of referral, the record of the mediation is confidential and not available for public access. The Register in Chancery will not include any mediation materials as part of the public docketing system.

WARNINGCivil cases

The petition and supporting documents are confidential, are not public record, and the petition is not included in the public docketing system.

The petition and any supporting documents are considered confidential and not of public record. The Register in Chancery will not include the petition as part of the public docketing system.

WARNINGCivil cases

Unless the Court orders otherwise, confidential treatment expires three years after final disposition and the Register must make the filing public unless someone timely moves to extend that treatment.

Unless the Court orders otherwise, confidential treatment expires three years after the final disposition of the action, and the Register in Chancery must make any Confidential Filing publicly accessible unless a person files a timely motion to extend confidential treatment.

WARNINGCivil cases

The docket system must make the filing title, filer, persons served, and any order granting access publicly accessible.

(B) The docket system must provide public access to the title of the Confidential Filing, the identity of the filer, the persons served, and any order giving other persons access to the Confidential Filing.

WARNINGCivil cases

When necessary to rule on confidential or privileged material, the Court may review it in chambers without making it publicly accessible.

(5) If necessary to rule on confidential or privileged material, the Court may review materials in chambers, without subjecting that material to public access.

WARNINGCivil cases

Rule 5.1’s public-access provisions do not apply to discovery materials that do not become Filed Documents, but the Court may order protections for those materials.

(4) Rule 5.1 does not apply to materials exchanged during discovery that do not become Filed Documents. The Court may enter orders establishing protections for those materials.

WARNINGCivil cases

The notice of a confidential filing is not filed with the Register in Chancery.

Rule 5.1(e)(5) provides that the notice is not filed with the Register in Chancery.

WARNINGCivil cases

The filer should omit or redact personally identifying information under Rule 5(k).

(C) personally identifying information such as social security numbers, complete financial account numbers, dates of birth, and the names of minor children, which the filer should omit or redact under Rule 5(k).

WARNINGCivil cases

The stated definition of Confidential Information requires confidential maintenance, lack of public availability, and particularized harm from public access; the definition continues beyond this excerpt.

(2) “Confidential Information” means information: (A) that is maintained confidentially; (B) that is not otherwise publicly available; (C) where public access to the information will cause particularized harm; and

WARNINGCivil cases

The person seeking to maintain confidential treatment bears the burden of persuading the Court that it is warranted.

The person seeking to maintain confidential treatment bears the burden of persuading the Court that confidential treatment is warranted.

WARNINGCivil cases

Public access to a filed document may be limited only when it contains Confidential Information.

(b) Confidential Information. (1) Public access to a Filed Document may be limited only if the Filed Document contains Confidential Information.

INFOCivil cases

Any person may challenge the confidential treatment of a Confidential Filing.

Any person may challenge the confidential treatment of a Confidential Filing.

INFOCivil cases

Rule 5.1 does not govern unfiled materials such as discovery exchanges; parties may use agreements, stipulations, or court orders to govern them.

Rule 5.1 does not apply to documents that are not filed with the Court, such as materials exchanged during discovery. Parties may enter into agreements or stipulations or seek court orders to govern those aspects of a case.

INFOCivil cases

A person may make a Confidential Filing if the person believes the paper contains Confidential Information.

(1) A person may make a Confidential Filing if the person believes that the paper contains Confidential Information.

INFOCivil cases

Any person may challenge the confidential treatment of a Confidential Filing.

Any person may challenge the confidential treatment of a Confidential Filing.

INFOCivil cases

A party may move for an order imposing additional safeguards for Discovery Material or modifying the Stipulation.

15. A Party may move for an order seeking additional safeguards for the use or handling of Discovery Material or to modify the terms of this Stipulation.

INFOCivil cases

A recipient may designate additional information for redaction when the recipient in good faith believes it is Confidential Information or another person would contend that it is.

Any recipient of notice may designate additional information for redaction if the person believes in good faith that the information qualifies as Confidential Information or that another person would contend that it qualifies as Confidential Information.

INFOCivil cases

On motion and for good cause, the Court may protect confidential information from disclosure or limit its disclosure, require sealed depositions to be opened only by court order, or direct simultaneous filing of specified materials in sealed envelopes to be opened as directed by the Court.

Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the Court or alternatively, on matters relating to a deposition taken outside the State of Delaware, a court in the state where the deposition is to be taken may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including 1 or more of the following: (1) That the discovery not be had; (2) that the discovery may be had only on specified terms and conditions, including a designation of the time or place or the allocation of expenses; (3) that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery; (4) that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters; (5) that discovery be conducted with no one present except persons designated by the Court; (6) that a deposition after being sealed be opened only by order of the Court; (7) that a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way; (8) that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the Court.