Superior Court of Delaware, New Castle County Sealing & Redaction Procedures

Any court filing that communicates Confidential Discovery Material must be filed confidentially and withheld from public access under Superior Court Civil Rules 5(g) and 79.1.

Any pleading, brief, memorandum, motion, letter, affidavit, exhibit or other document filed with the Court that discloses, summarizes, describes, characterizes, includes or attaches or otherwise communicates Confidential Discovery Material (a “Confidential Filing”) must be filed confidentially and not available for public access (“Confidential Treatment”) in accordance with the provisions of Superior Court Civil Rules 5(g) and 79.1

When complying with Superior Court Civil Rule 5(g), parties must file a public-inspection copy that omits confidential discovery material when the producing party reasonably and in good faith believes public disclosure would cause harm that outweighs public access.

when complying with Rule 5(g), parties must file a copy of the Confidential Filing for public inspection that omits only such Confidential Discovery Material as to which the Producing Party reasonably and in good faith believes the public interest in access to Court ===== PAGE 12 ===== proceedings is outweighed by the harm public disclosure of such Discovery Material would cause because it contains sensitive, non-public information.

Materials filed under Paragraph 11 may be unsealed only as provided by Superior Court Civil Rule 5(g) or by further order of the court.

All materials filed pursuant to Paragraph 11 shall be unsealed by the Prothonotary only as provided in Superior Court Civil Rule 5(g), as applicable, or upon further order of this Court.

A producing party seeking to continue restricted public access to a confidential filing must file a motion with the court within the seven-day period specified by Superior Court Rule 5(g)(4).

To the extent that the Producing Party seeks to continue the restruction on public access to the Confidential Filing, or any portion thereof, to which a public version is available, the Producing Party shall file a motion with the Court within the seven-day period mandated by Superior Court Rule 5(g)(4) for judicial determination as to whether good cause exists for continued restricted access to the Confidential Filing, or any portion thereof.

A person challenging confidential treatment has seven days to file an opposition.

The person challenging Confidential Treatment shall have seven (7) days to file an opposition.

If the motion seeking continued confidential treatment is not timely filed, the confidential filing becomes part of the public record and is accessible on the docket system.

If a motion seeking continued Confidential Treatment is not timely filed, then the Confidential Filing shall become part of the public record, the Prothonotary shall permit access to the Confidential Filing on the docket system to the same extent as any other public filing.

If an opposition to the motion is not timely filed, the challenge is withdrawn and the filing continues to receive confidential treatment.

If an opposition to the motion is not timely filed, then the challenge shall be deemed withdrawn and the Confidential Filing shall continue to receive Confidential Treatment.

A court filing that communicates Confidential or Highly Confidential Discovery Material must be submitted confidentially and unavailable for public access under Superior Court Civil Rule 5(g), with a footer on every page.

Any pleading, brief, memorandum, motion, letter, affidavit, exhibit or other document filed with the Court that discloses, summarizes, describes, characterizes, includes or attaches or otherwise communicates Confidential or Highly Confidential Discovery Material (a “Confidential Filing”) must be filed confidentially and not available for public access (“Confidential Treatment”) in accordance with the provisions of Superior Court Civil Rule 5(g), which may be accomplished by submitting documents, every page of which shall have a footer stating:

A party must file a public version that redacts only sensitive, non-public Confidential or Highly Confidential Discovery Material that the producing party reasonably and in good faith believes should be withheld.

Nevertheless, when complying with Rule 5(g), parties must file a copy of the Confidential Filing for public inspection that omits only such Confidential or Highly Confidential Discovery Material as to which the Producing Party reasonably and in good faith believes the public interest in access to Court proceedings is outweighed by the harm public disclosure of such Discovery Material would cause because it contains sensitive, non-public information.

The Prothonotary may unseal materials governed by Paragraph 12 only under Rule 5(g) or a further court order.

All materials filed pursuant to Paragraph 12 shall be unsealed by the Prothonotary only as provided in Superior Court Civil Rule 5(g), as applicable, or upon further order of this Court.

A producing party seeking continued confidential treatment for a public version of a confidential filing must file a motion with the court within the seven-day period mandated by Superior Court Civil Rule 5.

To the extent that the Producing Party seeks to continue the restriction on public access to the Confidential Filing, or any portion thereof, to which a public version is available, the Producing Party shall file a motion with the Court within the seven-day period mandated by Superior Court Civil Rule 5.

If the producing party does not timely file a motion seeking continued confidential treatment, the confidential filing becomes part of the public record and is accessible like any other public filing.

If a motion seeking continued Confidential Treatment is not timely filed, then the Confidential Filing shall become part of the public record, and the Prothonotary shall permit access to the Confidential Filing on the docket system to the same extent as any other public filing.

If the challenging party does not timely oppose the motion, the challenge is withdrawn and the confidential filing remains subject to confidential treatment.

If an opposition to the motion is not timely filed, then the challenge shall be deemed withdrawn and the Confidential Filing shall continue to receive Confidential Treatment.

Confidential or highly confidential discovery material used in open court or lodged as a trial exhibit loses its confidential status and becomes public unless the producing party obtains a court order maintaining its confidentiality.

In the event that any Confidential or Highly Discovery Material is used in open court during any court proceeding or lodged as a trial exhibit, the material shall lose its confidential status and become part of the public record, unless the Producing Party applies for and obtains an order from this Court specifically maintaining the confidential status of particular material.

Public versions of exhibits, affidavits, declarations, and other attachments ordinarily are not required, unless Rule 5(g), a court order, or the Prothonotary requires one.

For avoidance of doubt, the Parties have no obligation to file public versions of any exhibits, affidavits, declarations or other attachments filed as part of a Confidential Filing, except as required by Superior Court Civil Rule 5(g) or if otherwise ordered by the Court or required by the Prothonotary.

A party may move on reasonable notice to vacate a confidential or highly confidential designation only after making a good-faith effort to resolve the objection.

any Party objecting to the designation of any Discovery Material as Confidential or Highly Confidential Discovery Material may, after making a good faith effort to resolve any such objection, move on reasonable notice for an order vacating the designation.

While a motion to vacate a confidentiality designation is pending, the material remains treated as confidential or highly confidential discovery material.

While such a motion is pending, the Discovery Material in question shall be treated as Confidential or Highly Confidential Discovery Material pursuant to this Stipulation.

Public versions of exhibits, affidavits, declarations, and other attachments filed with a confidential filing are not required unless Rule 5(g), a court order, or the Prothonotary requires them.

For avoidance of doubt, the Parties have no obligation to file public versions of any exhibits, affidavits, declarations or other attachments filed as part of a Confidential Filing, except as required by Superior Court Civil Rule 5(g) or if otherwise ordered by the Court or required by the Prothonotary.