Lewis and Clark County District Court, Montana Sealing & Redaction Procedures

CRITICAL

Unless the Court orders otherwise, attorneys of record must use reasonable measures consistent with the rule to control duplication, access, and distribution of CONFIDENTIAL documents.

Unless ordered otherwise by the Court, CONFIDENTIAL materials shall be handled as follows: It shall be the responsibility of the attorneys of record in the action to employ, consistent with this rule, reasonable measures to control duplication of, access to, and distribution of the documents.

CRITICAL

Attorneys must expressly advise each authorized reviewer that the documents may be used only for the pending matter.

Attorneys shall expressly advise every authorized person who reviews the documents as to this limitation on lawful use.

CRITICAL

Other cases may be sealed only upon motion, leave of the Court, and a showing of good cause.

No other cases will be sealed except upon motion and leave of the Court for good cause shown.

CRITICAL

Unless the Court orders otherwise, documents may not be left with the defendant when defense counsel is not present.

Unless ordered otherwise by the Court, CONFIDENTIAL materials shall be handled as follows: Documents shall not be left in the defendant’s possession without defense counsel present.

CRITICAL

SW, IS, DF, DA, DD, DI, and DN matters must be filed under seal; specified parties and court personnel may access them without authorization, while anyone else needs specific Court authorization.

All SW, IS, DF, DA, DD, DI, and DN matters shall be filed under seal. The respondent, the respondent’s attorney, the county attorney, and all court personnel are allowed access to these files without specific authorization from the Court. Any other access to these files will only be made with specific authorization from the Court.

CRITICAL

Unless the Court orders otherwise, access to marked CONFIDENTIAL materials is limited to the specified attorneys, necessary experts and staff, and the defendant.

Unless ordered otherwise by the Court, CONFIDENTIAL materials shall be handled as follows: i. Access to materials marked CONFIDENTIAL is limited to: (A) attorneys representing the defendant or the State; (B) expert witnesses whose review of the material is necessary for the presentation of the party’s case; (C) law clerks, investigative agents, paralegals, and assistants employed by defendant or the State, whose review of the material is required for the preparation and presentation of the party’s case; and (D) the defendant.

CRITICAL

Violating the confidentiality rule may constitute contempt and subjects the offending person to sanctions to the extent permitted by the rules, Montana law, and the Court's inherent authority.

Failure to comply with the terms of this rule may constitute contempt of court and will subject the offending person to sanction to the full extent permitted by these rules, Montana law, and the Court’s inherent authority.

CRITICAL

A party who disseminates CCJI must advise each recipient of the obligation to keep it confidential under the MCJIA.

Any party in receipt of CCJI shall advise any person to whom it is disseminated under this rule of their obligation to keep CCJI confidential under the MCJIA.

CRITICAL

A recipient of CCJI may disseminate it to specified case participants only as necessary for case preparation or investigation, and may not otherwise disseminate it without complying with the MCJIA.

A party in receipt of material through discovery that constitutes confidential criminal justice information (CCJI) within the meaning of the Montana Criminal Justice Information Act (MCJIA) may further disseminate such materials to their counsel, employees, agents, investigators, and experts to the extent necessary to assist in the preparation or investigation of the case but may not otherwise disseminate the information without complying with the MCJIA.

CRITICAL

Unless the Court orders otherwise, CONFIDENTIAL documents may be used only in connection with a matter pending before the court.

Unless ordered otherwise by the Court, CONFIDENTIAL materials shall be handled as follows: Documents shall be used in connection with a matter pending before this court and for no other purpose.

WARNING

A party may conspicuously mark sensitive information involving a child's identifying information or a non-party's privacy interests as CONFIDENTIAL.

Whenever a party discloses information that is sensitive because it contains personally identifying information regarding a child or that implicates the privacy interests of a non-party to the case—for example, social security numbers and financial or medical information—the disclosing party may designate those materials as CONFIDENTIAL by conspicuously marking or designating them as such.