Eastern District of New York Sealing & Redaction Procedures

CRITICAL

Sealed submissions must be filed on ECF with explanation unless prior approval granted.

Written submissions to be filed under seal should also be filed on ECF in accordance with the instructions for e-filing sealed documents on the Eastern District's website at https://www.nyed.uscourts.gov/sites/default/files/uploads/efilingsealedcv.pdf. Unless prior approval to file under seal has already been granted, each submission shall be accompanied by an explanation of why sealing is necessary.

CRITICAL

Sealed filings must be filed through ECF under seal.

File via ECF under seal.

CRITICAL

Sealing requests must comply with EDNY Administrative Order No. 2004-05.

Parties must comply with Administrative Order No. 2004-05, In Re: Requests to Seal Documents (E.D.N.Y. Apr. 20, 2004), which can be found at:

CRITICAL

Sealed filings must be made via ECF and include a sealing motion, following EDNY website instructions.

Any party seeking to file a submission under seal shall file the proposed sealed document(s) and sealing motion via ECF in accordance with the instructions on the Eastern District’s website at:

CRITICAL

Sealing requests must comply with EDNY Administrative Order No. 2004-05.

Parties must comply with Administrative Order No. 2004-05, In Re: Requests to Seal Documents (E.D.N.Y. Apr. 20, 2004), which can be found at:

CRITICAL

Sealed filings must be made via ECF and include a sealing motion, following EDNY website instructions.

Any party seeking to file a submission under seal shall file the proposed sealed document(s) and sealing motion via ECF in accordance with the instructions on the Eastern District’s website at:

CRITICALCivil cases

Sealing requires a letter with reasons plus sealed and proposed redacted copies emailed to the Courtroom Deputy, sent to Chambers (not Clerk), and not filed by the party via ECF.

Filing Sealed Documents: A party seeking to file a document, or any portion of a document, under seal must comply with the following procedures: (1) submit a letter to the Court setting forth the reasons why sealing is necessary along with a copy of the document to be sealed and a proposed redacted copy for posting on the public docket; and (2) email a PDF of these documents to the Courtroom Deputy (contact Chambers for the address). Such documents are to be sent directly to Chambers and not the Clerk’s Office. Parties are not to file such documents via ECF themselves or use the ECF “Motion to File Under Seal” event. Where there is a filing deadline, a request to seal will serve as compliance with that deadline.

CRITICAL

Sealed or sensitive documents must be e-filed under seal and a labeled hard copy must be delivered to chambers.

Sealed documents, or documents containing sealed/sensitive information, must be filed electronically under seal, with a hard copy labeled “SEALED” or “SENSITIVE” provided to chambers.

CRITICAL

A request to file under seal should explain why sealing is necessary and be accompanied by proposed redactions that are narrowly tailored to address the confidentiality interests at issue.

A request to file under seal should explain why sealing is necessary and be accompanied by proposed redactions that are narrowly tailored to address the confidentiality interests at issue.

CRITICAL

Proposed redactions should be highlighted or otherwise identified in such a way that the material to be redacted remains readable.

Proposed redactions should be highlighted or otherwise identified in such a way that the material to be redacted remains readable.

CRITICAL

If a request to redact is granted, the party should file the unredacted version of the document under seal and the redacted version publicly.

If a request to redact is granted, the party should file the unredacted version of the document under seal and the redacted version publicly.

CRITICAL

Sealed document filings must follow EDNY website technical instructions.

Any party seeking leave to file a document under seal must comply with the technical instructions for filing sealed documents on the EDNY website.

CRITICALCriminal cases

Sealing requests are typically denied if they do not propose redactions or specifically explain why redactions are not feasible.

A request to file under seal that does not either propose redactions, or explain with specificity why individual redactions are untenable, will typically be denied.

CRITICAL

If a request to redact is granted, the party should file the unredacted version of the document under seal and the redacted version publicly.

If a request to redact is granted, the party should file the unredacted version of the document under seal and the redacted version publicly.

CRITICAL

Sealed document filings must follow EDNY website technical instructions.

Any party seeking leave to file a document under seal must comply with the technical instructions for filing sealed documents on the EDNY website.

CRITICAL

Motions for leave to file documents under seal should be filed via ECF in accordance with the EDNY’s instructions for filing sealed documents. The proposed sealed document(s) should be attached to the motion for leave to file under seal.

Motions for leave to file documents under seal should be filed via ECF in accordance with the EDNY’s instructions for filing sealed documents. The proposed sealed document(s) should be attached to the motion for leave to file under seal.

CRITICAL

Sealed documents must be marked "TO BE SEALED" and submitted to chambers with explanation and authority.

Documents sought to be sealed must be clearly marked "TO BE SEALED" and submitted to chambers for an order, together with an explanation, including citation to authority, of why sealing is necessary.

CRITICAL

Motions for leave to file documents under seal should be filed via ECF in accordance with the EDNY's instructions for filing sealed documents. The proposed sealed documents should be attached to the motion for leave to file under seal.

Motions for leave to file documents under seal should be filed via ECF in accordance with the EDNY's instructions for filing sealed documents. The proposed sealed documents should be attached to the motion for leave to file under seal.

CRITICAL

Objections should be filed under seal on ECF and served upon opposing counsel and the Probation Department.

Objections should be filed under seal on ECF and served upon opposing counsel and the Probation Department.

CRITICAL

Motions for leave to file documents under seal should be filed via ECF in accordance with the EDNY's instructions for filing sealed documents. The proposed sealed documents should be attached to the motion for leave to file under seal.

Motions for leave to file documents under seal should be filed via ECF in accordance with the EDNY's instructions for filing sealed documents. The proposed sealed documents should be attached to the motion for leave to file under seal.

CRITICAL

Objections should be filed under seal on ECF and served upon opposing counsel and the Probation Department.

Objections should be filed under seal on ECF and served upon opposing counsel and the Probation Department.

CRITICAL

Sealed documents must be submitted in hard copy unless leave granted to file on ECF.

Sealed documents or documents containing sealed/sensitive information must be submitted in hard copy and labeled "File Under Seal," unless the parties have already sought and received leave of court to file sealed papers on ECF.

CRITICAL

Civil sealed-filing procedures are provided in the referenced EDNY instruction document.

Instructions for filing sealed documents in civil cases are at: https://img.nyed.uscourts.gov/files/forms/EfilingSealedCV.pdf.

CRITICAL

Objections should be filed under seal on ECF and served upon opposing counsel and the Probation Department.

Objections should be filed under seal on ECF and served upon opposing counsel and the Probation Department.

CRITICAL

Criminal sealed-filing procedures are provided in the referenced EDNY instruction document.

Instructions for filing sealed documents in criminal cases are at: https://img.nyed.uscourts.gov/files/forms/EfilingSealedCR.pdf.

CRITICAL

Motions for leave to file documents under seal should be filed via ECF in accordance with the EDNY’s instructions for filing sealed documents.

Motions for leave to file documents under seal should be filed via ECF in accordance with the EDNY’s instructions for filing sealed documents.

CRITICAL

Civil sealed-filing procedures are provided in the referenced EDNY instruction document.

Instructions for filing sealed documents in civil cases are at: https://img.nyed.uscourts.gov/files/forms/EfilingSealedCV.pdf.

CRITICAL

Objections should be filed under seal on ECF and served upon opposing counsel and the Probation Department.

Objections should be filed under seal on ECF and served upon opposing counsel and the Probation Department.

CRITICAL

Criminal sealed-filing procedures are provided in the referenced EDNY instruction document.

Instructions for filing sealed documents in criminal cases are at: https://img.nyed.uscourts.gov/files/forms/EfilingSealedCR.pdf.

CRITICAL

Motions for leave to file documents under seal should be filed via ECF in accordance with the EDNY’s instructions for filing sealed documents.

Motions for leave to file documents under seal should be filed via ECF in accordance with the EDNY’s instructions for filing sealed documents.

CRITICAL

For redacted filings, the filer must provide both versions together or provide an unredacted version with visible highlighted proposed redactions.

When seeking to file a redacted document, the filing party must submit either: (a) the unredacted and redacted versions of the document together; or (b) the unredacted version with the proposed redactions highlighted such that the text to be redacted is still visible.

CRITICAL

Sealing requests require a first-step motion for leave with a cover letter explaining the sealing or redaction basis and the target document.

All requests for filing under seal must be made in two parts: Part 1: The filing party shall first file a motion for leave to file under seal. The motion should include a cover letter explaining the reason(s) for sealing, restricting access to, or filing a redacted version of the document, along with the document that is requested to be sealed/restricted/redacted.

CRITICAL

For redacted filings, the filer must provide both versions together or provide an unredacted version with visible highlighted proposed redactions.

When seeking to file a redacted document, the filing party must submit either: (a) the unredacted and redacted versions of the document together; or (b) the unredacted version with the proposed redactions highlighted such that the text to be redacted is still visible.

CRITICAL

Sealing requests require a first-step motion for leave with a cover letter explaining the sealing or redaction basis and the target document.

All requests for filing under seal must be made in two parts: Part 1: The filing party shall first file a motion for leave to file under seal. The motion should include a cover letter explaining the reason(s) for sealing, restricting access to, or filing a redacted version of the document, along with the document that is requested to be sealed/restricted/redacted.

CRITICAL

A party filing under seal must file both the proposed sealed document(s) and a sealing motion on ECF according to EDNY instructions.

Any party seeking to file a submission under seal shall file the proposed sealed document(s) and sealing motion on ECF in accordance with the instructions on the Eastern District’s website at:

CRITICAL

Sealed filings must be filed on ECF as sealed documents.

File on ECF as sealed document.

CRITICAL

Sealed filings must be filed on ECF as sealed documents.

File on ECF as sealed document.

CRITICAL

A sealing motion and proposed sealed documents must be filed on ECF when seeking to file under seal.

Any party seeking to file a submission under seal shall file the proposed sealed document(s) and sealing motion on ECF in accordance with the instructions on the Eastern District’s website at:

CRITICAL

Documents that are sealed or contain sealed/sensitive information must be submitted only in hard copy with a sealing label.

Sealed documents or documents containing sealed/sensitive information must be submitted in hard copy only and labeled “Sealed” or “Sensitive.”

CRITICAL

Only FRCP 5.2 categories may be redacted without prior permission; all other redactions require Court approval per Lugosch test.

There are limited categories of information that may be redacted from public ECF filings without prior permission from the Court: those items listed in Federal Rule of Civil Procedure 5.2. All other redactions or filing seal of Court materials require Court approval.

CRITICAL

A public version of the motion should attach the exhibits containing limited redactions or an indication that the entire document is sealed, as appropriate. A private version of the motion should be filed under seal with these same documents unredacted in their entirety.

A public version of the motion should attach the exhibits containing limited redactions or an indication that the entire document is sealed, as appropriate. A private version of the motion should be filed under seal with these same documents unredacted in their entirety.

CRITICAL

A party seeking to file a redacted or sealed document should file a single motion to seal that addresses every document (as separate exhibits) for which sealing or redaction is sought.

A party seeking to file a redacted or sealed document should file a single motion to seal that addresses every document (as separate exhibits) for which sealing or redaction is sought.

CRITICAL

Sealed electronic filing requires prior leave by motion with the proposed filing attached under seal, and only then may the original be filed separately under seal in ECF.

Parties must seek permission to file electronic documents under seal. To obtain permission, the party must file a motion for leave to file under seal with the proposed filing as a sealed attachment. If leave is granted, the original document may be filed in a separate filing under seal in ECF.

CRITICAL

Confidential information filed with the Court must be filed under seal.

All information subject to confidential treatment in accordance with the terms of this Stipulation and Order that is filed with the Court, including any pleadings, motions or other papers filed with the Court that includes Confidential Information, shall be filed under seal to the extent permitted by law (including, without limitation any applicable rules of court) and shall be kept under seal until further order of the Court.

CRITICAL

Confidential information filed with the Court must be filed under seal.

All information subject to confidential treatment in accordance with the terms of this Stipulation and Order that is filed with the Court, including any pleadings, motions or other papers filed with the Court that includes Confidential Information, shall be filed under seal to the extent permitted by law (including, without limitation any applicable rules of court) and shall be kept under seal until further order of the Court.

CRITICAL

Motions to file under seal must be filed via ECF with sealed documents attached.

Motions for leave to file documents under seal must be filed via ECF in accordance with the EDNY’s instructions for electronically filing sealed documents. The proposed sealed document(s) must be attached to the motion for leave to file under seal.

CRITICALCivil cases

Confidential treatment may be applied to proprietary commercial data, sensitive personal data, medical/legal records, and non-public criminal history.

Sensitive Commercial Data, such as confidential or proprietary research, development, manufacturing, or commercial or business information, trade secrets, special formulas, company security matters, customer lists, financial data, projected sales data, production data, matters relating to mergers and acquisitions, and pricing data. Sensitive Personal Data, such as personal identifiers, financial information, tax records, and employer personnel records. Medical and Legal Records, including medical files and reports. Non-public criminal history.

CRITICALCivil cases

A proposed redacted version must be submitted for public docketing with a sealing application.

The application shall also include a proposed redacted version of the document(s) in question for public docketing.

CRITICALCivil cases

A court order specifically identifying the documents is required before any sealed filing.

No document may be filed with the Clerk under seal without an order of this Court addressing the specific documents to be sealed.

CRITICALCivil cases

A proposed redacted version must be submitted for public docketing with a sealing application.

The application shall also include a proposed redacted version of the document(s) in question for public docketing.

CRITICALCivil cases

A court order specifically identifying the documents is required before any sealed filing.

No document may be filed with the Clerk under seal without an order of this Court addressing the specific documents to be sealed.

CRITICAL

Sealed document motions must be filed via ECF with proposed sealed documents attached.

Motions for leave to file documents under seal must be filed via ECF in accordance with the EDNY's instructions for electronically filing sealed documents. The proposed sealed document(s) must be attached to the motion for leave to file under seal.

CRITICALCivil cases

A motion for leave must be filed on ECF to submit documents under seal, following EDNY sealing instructions.

Motions for leave to file documents under seal must be filed via ECF in accordance with the EDNY’s instructions for electronically filing sealed documents.

CRITICAL

Prior court permission is required before filing documents under seal.

Documents may not be filed under seal without prior permission of the Court.

CRITICAL

A motion for leave is required before filing under seal, and publicly filed documents cannot be retroactively sealed.

Parties wishing to seal documents must first obtain court permission by filing a motion for leave to file a sealed document. Please note that the Court cannot retroactively seal a publicly filed document, even if the public filing was erroneous.

CRITICAL

Sealed electronic filing is allowed only after filing a letter motion for leave and obtaining court permission.

For example, parties may file documents electronically under seal provided they first file a letter motion for leave to do so and obtain the Court’s permission.

CRITICAL

Sealed electronic filing is allowed only after filing a letter motion for leave and obtaining court permission.

For example, parties may file documents electronically under seal provided they first file a letter motion for leave to do so and obtain the Court’s permission.

WARNINGCriminal cases

Proposed redactions should be highlighted or otherwise identified while keeping the underlying text readable.

Proposed redactions should be highlighted or otherwise identified in such a way that the material to be redacted remains readable.

WARNING

Sealed documents require settlement rules compliance or prior court permission.

Documents may be electronically filed under seal only if filed pursuant to the Court's settlement rules or with prior permission of the Court.

WARNINGCivil cases

Rule 5.2-authorized redactions are exempt from the requirement to apply to the Court.

The redactions expressly authorized by Rule 5.2 may be made without application to the Court.

WARNING

Ex parte settlement statements are treated as confidential and no separate motion to file ex parte is required when the Court has directed ex parte electronic filing.

As these ex parte statements will be treated as confidential and will not be publicly docketed, they should include a realistic statement of the party=s settlement position. As the Court will have previously directed counsel to file the settlement positions statements via ex parte electronic filing, a separate motion to file ex parte is NOT required.

INFO

Where possible, only confidential portions of the filings with the Court shall be filed under seal.

Where possible, only confidential portions of the filings with the Court shall be filed under seal.

WARNING

Filing under seal governed by Local Rules (full rule not provided in this excerpt).

See full rule and refer to Local Rules.

WARNING

Filing under seal governed by Local Rules (full rule not provided in this excerpt).

See full rule and refer to Local Rules.