New York Supreme Court, Kings County Sealing & Redaction Procedures

Infant compromise papers filed on NYSCEF must be redacted, while the mailed hardcopy set must remain unredacted.

Any filing on NYSCEF of papers in an infant’s compromise shall be appropriately redacted but the mailed hardcopy set shall not be.

When plaintiff files a redacted expert affirmation, the unredacted version must be presented for in camera inspection on the oral-argument date.

Where Plaintiff has submitted a redacted expert affirmation, the unredacted affirmation must be presented to the Court for in camera inspection by mail, email (ngrieco@nycourts.gov; anadler@nycourts.gov), or in person on the date of oral argument.

Confidential information must be redacted in the initial NYSCEF filing pending the court’s decision on a motion to seal.

A Party or, as appropriate, non-party, who seeks to file with the Court (i) any deposition transcripts, exhibits, answers to interrogatories, or other documents which have previously been designated as comprising or containing Confidential Information, or (ii) any pleading, brief or memorandum which reproduces, paraphrases or discloses Confidential Information shall file the document, pleading, brief, or memorandum on the NYSCEF system in redacted form until the Court renders a decision on any motion to seal (the “Redacted Filing”).

After a motion to seal is granted, the court-ordered sealed documents must follow NYSCEF sealed-document procedures; if the motion is denied, the redacted filing must be replaced with an unredacted version.

If the Producing Party makes a timely motion to seal, and the motion is granted, the filing Party (or, as appropriate, non-party) shall ensure that all documents (or, if directed by the court, portions of documents) that are the subject of the order to seal are filed in accordance with the procedures that govern the filing of sealed documents on the NYSCEF system. If the Producing Party’s timely motion to seal is denied, then the Party (or, as appropriate, non-party) making the filing shall take steps to replace the Redacted Filing with its corresponding unredacted version.

A party filing a redacted document must contemporaneously or beforehand provide complete unredacted copies to the other parties and the Court.

(d) Any Party filing a Redacted Filing in accordance with the procedure set forth in this paragraph 12 shall, contemporaneously with or prior to making the Redacted Filing, provide the other Parties and the Court with a complete and unredacted version of the filing.

In a county without electronic filing, a filing containing confidential information must be served and filed in redacted form, with redacted and unredacted copies transmitted to chambers, and the producing party may move to seal within three days.

13. (a) A Party or, as appropriate, non-party, who seeks to file with the Court any deposition transcripts, exhibits, answers to interrogatories, and other documents which have previously been designated as comprising or containing Confidential Information, or any pleading, brief or memorandum which reproduces, paraphrases or discloses Confidential Information, shall (i) serve upon the other Parties (and, as appropriate, non-parties) a Redacted Filing and a complete and unredacted version of the filing; (ii) file a Redacted Filing with the court; and (iii) transmit the Redacted Filing and a complete unredacted version of the filing to chambers. Within three (3) days thereafter, the Producing Party may file a motion to seal such Confidential Information.

Before filing documents designated confidential, the submitting party must give at least five business days' notice and the parties must meet and confer within three business days after notice.

Parties wishing to submit documents to the court which have been deemed confidential shall provide notice to the party who designated those documents confidential at least five (5) business days before filing the documents at issue. Within three (3) business days of such notification, the parties shall meet and confer.

A party objecting to an unsealed, unredacted filing may seek an Order to Show Cause stating proper reasons and good cause for sealing under 22 NYCRR § 216.1.

If a party objects to a document being filed unsealed and unredacted, that party may move by Order to Show Cause giving proper reasons to seal and good cause therefore, pursuant to 22 NYCRR section 216.1.

A sealing motion should include the unredacted documents and corresponding proposed-redacted versions as separate related exhibits.

The sealing motion should be accompanied by unredacted versions of the relevant documents as exhibits with the proposed redacted versions submitted as a subject of that exhibit (i.e. original documents provided as Exhibit “1”; document with proposed redactions provided as Exhibit “1a”).

The unredacted and proposed-redacted sealing exhibits must be hand-delivered rather than e-filed, and this is the sole exception to the e-filing requirement.

The exhibits are to be hand-delivered to the court so they can be reviewed in conjunction with the motion and are not to be e-filed. This is the only exception to the requirement that all submissions be e-filed.

The parties may exchange documents under a sealing motion, but no motion papers may reference or annex them until the sealing motion is decided.

Although the parties are free to exchange documents that are the subject of a sealing motion prior to a ruling on a motion, no motion papers should be filed referencing or annexing the documents which are the subject of the motion until the motion is decided. No exceptions.

The death certificate uploaded to NYSCEF must be redacted, while an unredacted copy is emailed to Chambers.

The copy of the death certificate uploaded to NYSCEF should be redacted and an unredacted copy should be emailed to Chamber.

Counsel may electronically file a redacted proposed infant-compromise order on NYSCEF and email the unredacted version to chambers.

Counsel may e-file a redacted version of the proposed order on NYSCEF and email an unredacted version to chambers.

If the proposed redactions meet sealing standards, counsel may proceed by a stipulation stating sufficient good-cause facts and the conclusion reached for the court's approval.

If, after discussion, counsel concludes that the proposed redactions meet the standards for sealing, counsel may proceed by way of stipulation that articulates facts sufficient to support a finding of good cause and stating the conclusion reached. The stipulation shall be submitted to be so ordered.

All sealing orders automatically vacate when the case proceeds to trial unless the court expressly orders otherwise.

Please note that once a matter proceeds to trial, all sealing orders shall automatically be vacated unless the court expressly orders otherwise.

The court typically prefers redaction of discrete potentially confidential passages rather than wholesale sealing of a document.

Typically, the Court will be interested in redacting only discrete passages containing potentially confidential information as opposed to the wholesale sealing.