Eleventh Judicial Circuit of Florida, Miami-Dade County Sealing & Redaction Procedures

WARNING

Information subject to a Motion to Determine Confidentiality must be treated as confidential by the clerk until the court rules on the motion.

Any information that is subject to a “Motion to Determine Confidentiality of Court Records” must be treated as confidential by the clerk pending the court’s ruling on the motion.

WARNING

The Clerk must post the Notice of Entry of Order Authorizing Sealing on the Clerk's and Court's websites and in the courthouse for at least 30 days and affix a copy of the Order to the outside of the court record.

It is further ORDERED that the Clerk is hereby directed to post a copy of the attached Notice of Entry of Order Authorizing Sealing on the Clerk's and Court's websites and in a prominent location in the courthouse for a period not less than thirty (30) days and to affix a copy of the Order on the outside of the court record.

WARNING

The Clerk may temporarily unseal materials for filing, microfilming, imaging, or appellate transmission, and must reseal them immediately upon completion.

It is further ORDERED that the Clerk is hereby authorized to unseal any materials sealed pursuant to this Order for the purpose of filing, microfilming or imaging files, or transmitting a record to an appellate tribunal. The materials shall be resealed immediately upon completion of the filing.

WARNING

A motion to determine confidentiality may be brought for records such as plea agreements, substantial assistance agreements, or records revealing a confidential informant or active criminal investigative information, on the grounds of preventing a serious and imminent threat to the administration of justice, protecting a compelling governmental interest, avoiding substantial injury to innocent third parties, or complying with established public policy.

In accordance with Rule 2.420(f)(3), a written motion captioned “Motion to Determine Confidentiality of Court Records” may be made to determine whether a court record that pertains to a plea agreement, substantial assistance agreement, or other court record that reveals the identity of a confidential informant or active criminal investigative information is confidential: (a) to prevent a serious and imminent threat to the fair, impartial, and orderly administration of justice; Fla. R. Jud. Admin. 2.420(c)(9)(A)(i); (b) to protect a compelling governmental interest; Fla. R. Jud. Admin. 2.420 (c)(9)(A)(iii); (c) to avoid substantial injury to innocent third parties; Fla. R. Jud. Admin. 2.420 (c)(9)(A)(v); or (d) to comply with established public policy set forth in the Florida or United States Constitution or statutes or Florida rules or case law. Fla. R. Jud. Admin. 2.420(c)(9)(A)(vii).

WARNING

For settlements with confidentiality agreements, a responsible party must be designated to seek and obtain sealing of the limited confidential documentation in the court file under Fla. R. Jud. Admin. 2.420(d).

Which party will take responsibility to seek, and obtain, the appropriate measure to seal the limited documentation in the Court file pursuant to Florida Rules of Judicial Administration, Rule 2.420(d)?

INFO

Confidentiality hearings must be open, but any person may request that all or part of the hearing be conducted in camera to protect Rule 2.420(c) interests.

Pursuant to Rule 2.420(e)(2) of the Florida Rules of Judicial Administration, the hearing must be an open proceeding but any person may request that the court conduct all or part of the hearing in camera to protect the interests outlined in Rule 2.420(c) of the Florida Rules of Judicial Administration.