District of New Jersey Sealing & Redaction Procedures

Counsel must meet and confer to determine redactions after Request for Disclosure.

Source text: Upon a Request for Disclosure, Counsel of Record is required to meet and confer to determine what non-public information should be redacted from the Sentencing Materials in accordance with subsection iii below.

Redactions must be made before disclosure regardless of party agreement.

Source text: All proposed redactions to the Sentencing Materials shall be made prior to disclosure regardless of whether the parties to the underlying criminal matter agree on all the redactions.

Public/press must file written request for access to redacted sentencing materials with 5-page limit, parties respond within 2 days (5-page limit).

Source text: A member of the public or the press who wishes to have access to portions of the redacted sections of the Sentencing Materials shall advise the Court, via a written submission on the docket (or if unrepresented by counsel, via e-mail to the Courtroom Deputy and all Counsel of Record) that it seeks access to redactions contained within the Sentencing Materials. Such written submission shall identify the name of the requesting party, the name of counsel for the requesting party, if any, the specific portions of the sentencing memoranda sought to be disclosed, and any legal arguments supporting disclosure (not to exceed to 5 pages). Within two days of such written submission, the parties shall electronically file a response (not to exceed 5 pages).

Presumptively non-public information includes PSR references, victim/witness names, sensitive personal data, and law enforcement investigation information.

Source text: Presumptively Non-Public Information includes the following: references to the Presentence Report (“PSR”); names of victims, witnesses, and other individuals whose identity is not already known to the public; statements made by the defendant and others that was not previously disclosed; sensitive personal information concerning the defendant and others, including but not limited to medical or psychological reports and data; personal identifying information such as addresses, social security numbers, account numbers, and dates of birth; and information obtained during the course of a Grand Jury or law enforcement investigation that was not previously disclosed.

Redactions must be sufficient to prevent content from being apparent from surrounding context.

Source text: All redactions should be sufficient to ensure that the content of the redacted information is not apparent from the context of the surrounding text

Motions to seal require proposed order with findings/conclusions, references to docket entries, and contemporaneous submission of redacted documents.

Source text: Motions to seal must comply in all respects with Local Civil Rule 5.3(c) and must include a proposed order that includes findings of fact and conclusions of law, and which includes references to the docket entries that are the subject of the motion. Contemporaneously with the motion, counsel should submit to the Court, via email to jbd_orders@njd.uscourts.gov, any proposed redacted documents to be filed if the motion is granted. Counsel shall make every effort to secure the consent of all parties regarding the request to seal and the movant shall certify as to whether all parties consent in its application. Parties may file a motion to seal without obtaining leave of Court.

Consent of all parties required for sealing motions.

Source text: The moving party also shall indicate whether all other parties consent to the sealing of...

Motions to seal must comply with Local Rule 5.3(c), include proposed order and findings, reference docket entries, and certify party consent.

Source text: Motions to seal must comply with Local Civil Rule 5.3(c) and must include a proposed order and proposed findings of fact and conclusions of law. In addition, the proposed order must include reference to the docket entries the party seeks to seal. Counsel shall make every effort to secure the consent of all parties regarding the request to seal and the movant shall certify as to whether all parties consent in its application.

Motions to seal require proposed order, findings of fact, conclusions of law, and docket entry references.

Source text: Motions to seal must comply with Local Civil Rule 5.3(c) and must include a proposed order and proposed findings of fact and conclusions of law. In addition, the proposed order must include reference to the docket entries the party seeks to seal.

Discovery Confidentiality Orders must comply with FRCP 26(c) and Local Rule 5.3.

Source text: Confidentiality Orders: Any proposed Discovery Confidentiality Order agreed to by the parties must strictly comply with Federal Rule of Civil Procedure 26(c) and Local Civil Rule 5.3. Unless good cause is shown, the parties shall use the form included in Appendix S to the Local Civil Rules. If the proposed order differs from Appendix S, the parties must submit (i) a clean version of the proposed order that is ready for signature; and (ii) a red-lined version of the proposed order that delineates how it differs from Appendix S.

Letters attached to sentencing memoranda must be grouped as single document; letters sent directly to Court are presumptively confidential.

Source text: When letters are attached to a sentencing memorandum, those letters should be grouped together as attachments to a single document. Any letters sent directly to the Court and not attached as an exhibit to a sentencing memorandum will be presumptively deemed confidential unless and until ruled otherwise by Judge Salas.

Sealed documents must comply with Local Rule 5.1.

Source text: Confidential Information: Any documents filed under seal shall comply with Local Rule 5.1.

Magistrate Judge handles motions to seal.

Source text: The Magistrate Judge handles motions to seal.

Sealed documents must comply with Local Civil Rule 5.1.

Source text: Any documents filed under seal shall comply with Local Civil Rule 5.1.

Settlement and discovery dispute letters under confidentiality order may be emailed to AME_orders@njd.uscourts.gov.

Source text: Settlement letters and discovery dispute letters containing information subject to a Discovery Confidentiality Order may be submitted to the Court by email to AME_orders@njd.uscourts.gov.