Third Judicial Circuit Court of Michigan Sealing & Redaction Procedures

Materials designated "Confidential" must be filed under seal in sealed envelopes bearing the case caption and a prescribed confidentiality notice, and only the portions containing confidential material should be filed under seal or provided for in camera inspection.

No documents, information, or things designated as "Confidential," including that contained in pleadings, motions, briefs, declarations, or exhibits (except in sealed envelopes) shall be filed with the Court. Such sealed envelopes shall bear the case caption and shall recite a concise, non-disclosing designated "Confidential," such sealed envelopes shall prominently bear the notice: CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER. TO BE OPENED ONLY BY OR AS DIRECTED BY THE COURT. To the extent practical, only those portions of a filing with the Court that contain material designated as "Confidential" shall be filed under seal (as provided in paragraph 18) or provided to the Court for in camera inspection.

Parties must obtain Court approval by filing and serving a motion under MCR 8.119(1) before filing documents under seal, and may not tender sealed items to the Clerk until the motion is granted.

the parties are not to file documents under seal without prior Court approval. The party seeking to file any paper under seal must file and serve a motion under MCR 8.119(1) that (1) describes each item proposed for sealing; (2) states the reason sealing each item is necessary and identifies the specific interest to be protected; (3) explains why there is no less restrictive means to adequately and effectively protect the specific interest; and (4) includes a memorandum of legal authority supporting the motion. The movant may not file or otherwise tender to the Clerk any item proposed for sealing unless the Court has granted a motion brought under MCR 8.119(1).

A producing party who inadvertently fails to mark a document as Confidential must inform the receiving party within 30 days of discovery; the receiving party must return the unmarked documents and the producing party must substitute properly marked documents.

If a party producing documents inadvertently fails to mark a document as "Confidential" for which it desires such treatment, it shall so inform the party receiving the documents forthwith, but in no event later than thirty (30) days following discovery of the inadvertent disclosure. The receiving party thereupon shall return the unmarked documents to the producing party and the producing party shall substitute properly marked documents.

Inadvertent disclosure of confidential discovery material is not deemed a waiver if the producing party notifies the receiving parties within 30 days of learning of the disclosure.

The inadvertent or unintentional disclosure by a producing party supplying confidential discovery material, regardless of whether such discovery material was designated as "Confidential," shall not be deemed a waiver in whole or in part of the producing party's claim of confidentiality with respect to the discovery material disclosed, provided that the producing party making such inadvertent or unintentional disclosure notifies the receiving parties forthwith, but in no event later than thirty (30) days after it learns of such inadvertent or unintentional disclosure. If discovery material has been disclosed and is subsequently designated as "Confidential," the disclosing party shall make good faith efforts to preserve the "Confidential" nature of such discovery material and to obtain compliance with this Order from any person to whom such discovery material was disclosed.

If inadvertently unmarked Confidential material is filed with the Court before notice is given, the producing party is responsible for seeking appropriate relief from the Court.

If a producing party, at the time of disclosure, inadvertently fails to identify as "Confidential" any discovery material (including, without limitation, documents, oral, visual, or recorded information) for which it desires such treatment, and another party files the material with the Court prior to receiving notice that such material was in advertently disclosed without the desired designation, the producing party who made the inadvertent disclosure shall be responsible for seeking appropriate relief from the Court.

Objections to Confidential designations require an expedited meet-and-confer; unresolved disputes may be brought to the Court on an expedited basis, with the party claiming the designation bearing the burden of proving good cause.

Should any party object to a designation of any information, documents, or things as "Confidential," the parties or the producing party shall, on an expedited basis, meet and confer in a good-faith attempt to reach an agreement regarding the status of the information, documents, or things. The parties are strongly encouraged to resolve all such objections and, if appropriate, utilize the services of a neutral to assist the parties in the resolution of the dispute. If an objection is not thereby resolved, a party may bring the dispute before the Court on an expedited basis for a determination. The party claiming the "Confidential" designation shall have the burden of proving good cause for the entry of an order

Any document may be designated Confidential if the producing party in good faith determines it contains confidential or proprietary information.

Any document, information, or thing may be designated "Confidential" if the producing party determines in good faith that it contains confidential or proprietary information.

Confidential designation is made by conspicuously stamping or appending the designation; paper documents may be marked on the first page or each applicable page, and electronic documents may be marked without altering metadata or on the outside of the medium.

A producing party may designate any document or other tangible information or thing as "Confidential" by conspicuously stamping or appending the appropriate designation. In the case of a paper document, a producing party may so mark the first page of a multipage document or each applicable page. In the case of an electronic document , a producing g party may append to that document the appropriate designation that does not alter the metadata associated with the document, or may place the appropriate designation mark "CONFIDENTIAL" on the outside of the medium (whether disc, hard drive, etc.) containing the document.

A non-producing party may designate produced materials as Confidential by notifying all parties in writing of the specific item.

A non-producing party may also designate any document, information, or things produced during the course of this proceeding, not already designated "Confidential" as "Confidential" as if it were a producing party. The non-producing party shall accomplish such designation by notifying all parties in writing of the specific item so designated.

Deposition materials may be designated Confidential on the record or within 30 days of receiving the transcript; all deposition transcripts and exhibits are deemed Confidential for 30 days after receipt.

"Confidential" on the record during the deposition or, within 30 days of receiving the deposition transcript, by notifying all parties in writing of the specific item so designated or the lines and pages of the transcript that are "Confidential." All deposition transcripts and exhibits will be deemed Confidential for a period of 30 days after the receipt of the deposition transcript.

When materials are designated Confidential on the record, the court reporter must note it on the cover page, list pages/lines/exhibits, bind the transcript in separate portions, and unauthorized persons must be excluded during discussion of Confidential information.

If a producing party designates such materials as "Confidential" on the record, the court reporter shall indicate that fact on the cover page of the transcript that the transcript includes "Confidential" information, and shall list the pages and line numbers and/or exhibits of the transcript on or in which such information is contained, and shall bind the transcript in separate portions containing "Confidential," and non-Confidential material. Further, during the period in which such "Confidential" information is discussed during the deposition, any person present during the deposition who is not authorized to receive such information under Paragraph 10 below shall be excluded from that portion of the deposition.