Southern District of California Sealing & Redaction Procedures

CRITICALCivil cases

When a sealing motion seeks redactions from the public record, the provisionally sealed materials must be marked for redaction under Civil Chambers Rule 2.

If a motion to seal seeks to redact portions of materials from the public record, the provisionally sealed version of those materials must be marked for redaction in accordance with Civil Chambers Rule 2 (Redactions).

CRITICALCriminal cases

Before filing a motion to seal, parties must meet and confer on the narrowest sealing order, mark provisionally sealed redactions per Rule 2, and explain in table format the particularized grounds for each redaction, or the motion will be summarily denied.

Motions to Seal: Before filing a sealing motion, the parties must meet and confer to agree on the narrowest possible sealing order, in accordance with Criminal Chambers Rule 6 (Meet-and-Confer Requirement). If a motion to seal seeks to redact portions of materials from the public record, the provisionally sealed version of those materials must be marked for redaction in accordance with Criminal Chambers Rule 2 (Redactions). The parties must explain in a table format the grounds on which they seek to seal each redaction. Motions that merely recite a general privilege category, or that do not provide a particularized explanation for every piece of information sought to be sealed, will be summarily denied.

CRITICALCriminal cases

Before filing a motion to seal, parties must meet and confer on the narrowest sealing order, mark provisionally sealed redactions per Rule 2, and explain in table format the particularized grounds for each redaction, or the motion will be summarily denied.

Motions to Seal: Before filing a sealing motion, the parties must meet and confer to agree on the narrowest possible sealing order, in accordance with Criminal Chambers Rule 6 (Meet-and-Confer Requirement). If a motion to seal seeks to redact portions of materials from the public record, the provisionally sealed version of those materials must be marked for redaction in accordance with Criminal Chambers Rule 2 (Redactions). The parties must explain in a table format the grounds on which they seek to seal each redaction. Motions that merely recite a general privilege category, or that do not provide a particularized explanation for every piece of information sought to be sealed, will be summarily denied.

CRITICALCivil cases

Materials submitted with a sealing motion must be marked for redaction in the provisionally sealed version.

If a motion to seal seeks to redact portions of materials from the public record, the provisionally sealed version of those materials must be marked for redaction in accordance with Civil Chambers Rule 2 (Redactions).

CRITICALCivil cases

Sealing motions must provide particularized explanations for each redaction.

Motions that merely recite a general privilege category, or that do not provide a particularized explanation for every piece of information sought to be sealed, will be summarily denied.

CRITICALCivil cases

When a sealing motion seeks redactions from the public record, the provisionally sealed materials must be marked for redaction under Civil Chambers Rule 2.

If a motion to seal seeks to redact portions of materials from the public record, the provisionally sealed version of those materials must be marked for redaction in accordance with Civil Chambers Rule 2 (Redactions).

CRITICALCivil cases

Grounds for sealing must be explained in table format.

The parties must explain in a table format the grounds on which they seek to seal each redaction.

CRITICALCriminal cases

When a sealing motion seeks to redact public-record materials, the provisionally sealed version must be marked for redaction under Criminal Chambers Rule 2.

If a motion to seal seeks to redact portions of materials from the public record, the provisionally sealed version of those materials must be marked for redaction in accordance with Criminal Chambers Rule 2 (Redactions).

CRITICALCriminal cases

A sealing motion that only cites a general privilege category or lacks a particularized explanation for each item sought to be sealed will be summarily denied.

Motions that merely recite a general privilege category, or that do not provide a particularized explanation for every piece of information sought to be sealed, will be summarily denied.

CRITICAL

When a sealing motion seeks redaction from the public record, the provisionally sealed materials must be marked for redaction under Civil Chambers Rule 2.

If a motion to seal seeks to redact portions of materials from the public record, the provisionally sealed version of those materials must be marked for redaction in accordance with Civil Chambers Rule 2 (Redactions).

CRITICALCriminal cases

The Court recommends that parties seeking to seal documents that will be filed in conjunction with sentencing documents, noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents. The original motion to seal, and the documents to be sealed, should be submitted to the Clerks' Office prior to filing them. The Clerk's Office will forward the documents to chambers for review.

The Court recommends that parties seeking to seal documents that will be filed in conjunction with sentencing documents, noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents. The original motion to seal, and the documents to be sealed, should be submitted to the Clerks' Office prior to filing them. The Clerk's Office will forward the documents to chambers for review.

CRITICALCriminal cases

Motion to seal must include description, legal analysis, supporting affidavits, and documents.

Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); (3) affidavits or declarations in support of the motion; and (4) the documents to be sealed.

CRITICALCriminal cases

Motion to seal must include description, legal analysis, supporting affidavits, and documents.

Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); (3) affidavits or declarations in support of the motion; and (4) the documents to be sealed.

CRITICALCivil cases

If the Court denies a motion to seal filed with a noticed motion, the documents will immediately be filed publicly on CM/ECF.

If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF.

CRITICALCriminal cases

If the Court denies a motion to seal filed with a noticed motion, the documents will immediately be publicly filed on CM/ECF.

If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF.

CRITICALCivil cases

Motion to seal must be filed at least 7 calendar days before non-discovery motion.

If the party filing the non-discovery motion (or opposition thereto) intends to cite or attach documents or information that it believes should be filed under seal, the moving party must file a motion to file documents under seal at least seven calendar days prior to the date on which it intends to file the non-discovery motion.

CRITICALCriminal cases

Sealing orders require specific description and declarations showing compelling reason.

Parties seeking a sealing order must provide the Court with: (1) a specific description of particular documents or categories of documents they need to protect; and (2) declarations showing a compelling reason or good cause to protect those documents from disclosure. The standard for filing documents under seal will be strictly applied.

CRITICALCriminal cases

Sealing orders require specific description and declarations showing compelling reason.

Parties seeking a sealing order must provide the Court with: (1) a specific description of particular documents or categories of documents they need to protect; and (2) declarations showing a compelling reason or good cause to protect those documents from disclosure. The standard for filing documents under seal will be strictly applied.

CRITICALCivil cases

Sealing requests require specific document description and compelling reason declaration

A party seeking a sealing order must provide the Court with: (1) a specific description of particular documents or categories of documents to be protected; and (2) declaration(s) showing a compelling reason or good cause to protect those documents from disclosure.

CRITICALCivil cases

Motion to seal required for any sealed filing.

Any document submitted for filing under seal (including motions, responses, declarations, exhibits, etc.) must be accompanied by a motion authorizing such filing.

CRITICALCivil cases

If the moving party has sought an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal.

If the moving party has sought an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal.

CRITICALCivil cases

Motion to seal must specify documents/categories and whether sealed in full or part.

The motion to seal must provide the Court with a specific description of the particular documents or categories of documents to be protected, including, for each document subject to the motion, whether the moving party seeks to seal the document in full or in part (i.e., with redactions).

CRITICALCivil cases

Declarations required to demonstrate compelling reason for sealing.

The motion to seal must be accompanied by declaration(s) from individual(s) with knowledge of the content of the documents demonstrating a compelling reason or good cause to protect those documents from disclosure.

CRITICALCivil cases

Public redacted version required alongside sealed filing.

The party requesting a sealing order must also file a “public” version of the document(s) it seeks to file under seal. For each document the moving party seeks to seal, the party may redact only that information that is deemed confidential or privileged.

CRITICALCivil cases

Designating party has 7 days to respond to sealing motion.

If so, the moving party must file a motion to seal. In addition, the designating party must file a response to the sealing motion within seven (7) days that satisfies the sealing standard described above.

CRITICALCivil cases

Sealed documents must be lodged using ECF "Sealed Lodged Proposed Document" format.

documents in CM/ECF using the “Sealed Lodged Proposed Document” in accordance with Section 2(j) of the ECF Manual. If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court’s consideration.

CRITICALCivil cases

Designating party has 7 days to respond to sealing motion.

If so, the moving party must file a motion to seal. In addition, the designating party must file a response to the sealing motion within seven (7) days that satisfies the sealing standard described above.

CRITICALCivil cases

Sealed documents must be lodged using ECF "Sealed Lodged Proposed Document" format.

documents in CM/ECF using the “Sealed Lodged Proposed Document” in accordance with Section 2(j) of the ECF Manual. If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court’s consideration.

CRITICALCivil cases

Any motion to file information under seal must be supported by articulable facts showing a compelling reason to limit public access to court filings.

There is a presumptive right of public access to court records based upon common law and the First Amendment. Any motion to file information under seal must be supported by articulable facts showing a compelling reason to limit public access to court filings.

CRITICALCivil cases

Sealed filings must follow the procedures in Section 2.j of the ECF Administrative Policies and Procedures Manual and Civil Local Rule 79.2.

To file a document under seal, the parties must comply with the procedures explained in Section 2.j of the Electronic Case Filing Administrative Policies and Procedures Manual for the United States District Court for the Southern District of California and Civil Local Rule 79.2.

CRITICALCivil cases

Documents may be filed under seal only pursuant to a court order based on a showing that the information is privileged or protectable, and sealing requests must be narrowly tailored to the confidential or privileged material.

B. Filing Documents Under Seal. No document may be filed under seal, except pursuant to a court order that authorizes the sealing of the particular document, or portion of the document. A sealing order may issue only upon a showing that the information is privileged or protectable under the law. The request must be narrowly tailored to seek sealing only of the confidential or privileged material.

CRITICALCivil cases

A party seeking to file a document under seal must also file a redacted version in which only information designated "Confidential" is redacted.

In addition, a party must file a redacted version of any document that it seeks to file under seal. In the redacted version, the party may redact only information that is deemed "Confidential."

CRITICAL

Motions to seal must be narrowly tailored, include specific required elements, and include redacted and unredacted document versions.

The public enjoys a presumptive right of public access to court records based upon the First Amendment and the common law; therefore, motions to file documents under seal are strongly discouraged. The fact that both sides agree to seal a document is insufficient cause for sealing. Motions based solely on a party’s designation of a document as “confidential” or “attorneys’ eyes only” under a stipulated protective order are insufficient to establish that a document, or portions thereof, are sealable. As such, motions to seal must be narrowly tailored to the documents or portions of documents which require protection for good cause in accordance with legal standards. Parties shall not request the wholesale sealing of documents where only portions require protection. Sealing motions must include the following: 1. A specific statement of the applicable legal standard and the reasons for keeping a document under seal, including an explanation of a. the legitimate private or public interests that warrant sealing; b. the injury that will result if sealing is denied; and c. why a less restrictive alternative to sealing is not sufficient; 2. Evidentiary support from declarations where necessary; 3. An unredacted version of the document(s) sought to be sealed, with highlights to the alleged confidential or privilege information, as an attachment to the motion with “FILED UNDER SEAL” prominently marked on the first page; and 4. A proposed order that only seals the sealable material, and which lists in table format each document or portion thereof that is sought to be sealed. The party requesting a sealing order must also file a “public” version of the document(s) it seeks to file under seal redacting only the alleged confidential or privileged information. If the moving party seeks an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal. Motions to seal entire pleadings or briefs are strongly disfavored and will be granted only in extraordinary circumstances.

CRITICAL

Motions to seal must be narrowly tailored, include specific required elements, and include redacted and unredacted document versions.

The public enjoys a presumptive right of public access to court records based upon the First Amendment and the common law; therefore, motions to file documents under seal are strongly discouraged. The fact that both sides agree to seal a document is insufficient cause for sealing. Motions based solely on a party’s designation of a document as “confidential” or “attorneys’ eyes only” under a stipulated protective order are insufficient to establish that a document, or portions thereof, are sealable. As such, motions to seal must be narrowly tailored to the documents or portions of documents which require protection for good cause in accordance with legal standards. Parties shall not request the wholesale sealing of documents where only portions require protection. Sealing motions must include the following: 1. A specific statement of the applicable legal standard and the reasons for keeping a document under seal, including an explanation of a. the legitimate private or public interests that warrant sealing; b. the injury that will result if sealing is denied; and c. why a less restrictive alternative to sealing is not sufficient; 2. Evidentiary support from declarations where necessary; 3. An unredacted version of the document(s) sought to be sealed, with highlights to the alleged confidential or privilege information, as an attachment to the motion with “FILED UNDER SEAL” prominently marked on the first page; and 4. A proposed order that only seals the sealable material, and which lists in table format each document or portion thereof that is sought to be sealed. The party requesting a sealing order must also file a “public” version of the document(s) it seeks to file under seal redacting only the alleged confidential or privileged information. If the moving party seeks an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal. Motions to seal entire pleadings or briefs are strongly disfavored and will be granted only in extraordinary circumstances.

CRITICALCriminal cases

Sealed motions must be hand-delivered to Clerk of Court with sealed documents and proposed order.

Counsel lodging with the Court a motion to seal and documents to be sealed shall hand- deliver, to the Clerk of Court on the Fourth Floor of the James M. Carter & Judith N. Keep U.S. Courthouse, (1) the motion to seal, (2) the proposed sealed documents, and (3) a proposed order in compliance with these Rules.

CRITICALCivil cases

After filing a motion to seal, the moving party must immediately file the proposed sealed documents in CM/ECF using the “Sealed Lodged Proposed Document” in accordance with Section 2(j) of the ECF Manual. If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court’s consideration.

After filing a motion to seal, the moving party must immediately file the proposed sealed documents in CM/ECF using the “Sealed Lodged Proposed Document” in accordance with Section 2(j) of the ECF Manual. If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court’s consideration.

CRITICALCivil cases

Public redacted version must be filed simultaneously with motion to seal.

The party requesting sealing must file a "public" version of the document(s) it seeks to file under seal. In the public version, the party may redact only that information that is deemed confidential or privileged. The party shall file the redacted document(s) simultaneously with the motion requesting that the confidential portions of the document(s) be filed under seal.

CRITICALCivil cases

Meet and confer required before sealing documents with protective order designations; response due within 7 days.

Parties often seek to seal a document only because another party designated the document as sensitive under a protective order, including with a “confidential” or “attorneys’ eyes only” designation. In these circumstances, the moving party must first meet and confer with the designating party to determine whether the designating party maintains that any portion of the document must be filed under seal. If so, the moving party must file a motion to seal. In addition, the designating party must file a response to the sealing motion within seven days that satisfies the sealing standard described above. If no response is filed, the Court may order that the document be filed in the public record.

CRITICALCivil cases

Documents filed under seal must be accompanied by a motion authorizing the sealing.

Any document submitted for filing under seal (including motions, responses, declarations, exhibits, etc.) must be accompanied by a motion authorizing such filing.

CRITICALCivil cases

Motion to seal must describe documents to be sealed and include declarations showing compelling reason.

The motion to seal must provide the Court with a specific description of the particular document or categories of documents to be protected, including, for each document subject to the motion, whether the moving party seeks to seal the document in full or in part (i.e., with redactions). The motion to seal must be accompanied by declaration(s) from individual(s) with knowledge of the content of the documents demonstrating a compelling reason or good cause to protect those documents from disclosure.

CRITICALCivil cases

Documents filed under seal must be accompanied by a motion authorizing the sealing.

Any document submitted for filing under seal (including motions, responses, declarations, exhibits, etc.) must be accompanied by a motion authorizing such filing.

CRITICALCivil cases

Motion to seal must describe documents to be sealed and include declarations showing compelling reason.

The motion to seal must provide the Court with a specific description of the particular document or categories of documents to be protected, including, for each document subject to the motion, whether the moving party seeks to seal the document in full or in part (i.e., with redactions). The motion to seal must be accompanied by declaration(s) from individual(s) with knowledge of the content of the documents demonstrating a compelling reason or good cause to protect those documents from disclosure.

CRITICAL

Sealed documents must be filed in CM/ECF immediately after motion to seal.

After filing a motion to seal, the moving party must immediately file the proposed sealed documents in CM/ECF using the “Sealed Lodged Proposed Document” in accordance with Section 2(j) of the ECF Manual.

CRITICAL

Public version of sealed documents must be filed with only confidential/privileged information redacted.

The party requesting a sealing order must also file a “public” version of the document(s) it seeks to file under seal. For each document the moving party seeks to seal, the party may redact only that information that is deemed confidential or privileged.

CRITICAL

Motion to seal must describe documents to be sealed and whether in full or part.

The motion to seal must provide the Court with a specific description of the particular documents or categories of documents to be protected, including, for each document subject to the motion, whether the moving party seeks to seal the document in full or in part (i.e., with redactions).

CRITICAL

If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court's consideration.

If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court's consideration.

CRITICAL

If the moving party has sought an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal.

If the moving party has sought an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal.

CRITICAL

If the moving party has sought an order to seal only portions of the document, the party should file the document with the alleged confidential or privileged information redacted.

If the moving party has sought an order to seal only portions of the document, the party should file the document with the alleged confidential or privileged information redacted.

CRITICAL

Designating party has 7 days to respond to sealing motion.

If so, the moving party must file a motion to seal. In addition, the designating party must file a response to the sealing motion within seven (7) days that satisfies

CRITICAL

Documents filed under seal require a motion authorizing the sealing.

Any document submitted for filing under seal (including motions, responses, declarations, exhibits, etc.) must be accompanied by a motion authorizing such filing.

CRITICAL

If the moving party has sought an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal.

If the moving party has sought an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal.

CRITICAL

If the moving party has sought an order to seal only portions of the document, the party should file the document with the alleged confidential or privileged information redacted.

If the moving party has sought an order to seal only portions of the document, the party should file the document with the alleged confidential or privileged information redacted.

CRITICAL

Designating party has 7 days to respond to sealing motion.

If so, the moving party must file a motion to seal. In addition, the designating party must file a response to the sealing motion within seven (7) days that satisfies

CRITICAL

Documents filed under seal require a motion authorizing the sealing.

Any document submitted for filing under seal (including motions, responses, declarations, exhibits, etc.) must be accompanied by a motion authorizing such filing.

CRITICALCivil cases

Motion to seal must describe which documents/categories to seal and whether in full or part.

The motion to seal must provide the Court with a specific description of the particular documents or categories of documents to be protected, including, for each document subject to the motion, whether the moving party seeks to seal the document in full or in part (i.e., with redactions).

CRITICALCivil cases

If the moving party has sought an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal.

If the moving party has sought an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal.

CRITICALCivil cases

Documents filed under seal must be accompanied by a motion to seal.

Any document submitted for filing under seal (including motions, responses, declarations, exhibits, etc.) must be accompanied by a motion authorizing such filing.

CRITICAL

A document or portion may be filed under seal only with a court order; the sealing application must be served on opposing counsel and any different custodian, who must notify the judge’s chambers if opposing it.

No document shall be filed under seal unless counsel secures a court order allowing the filing of a document, or portion thereof, under seal. An application to file a document under seal shall be served on opposing counsel, and on the person or entity that has custody and control of the document, if different from opposing counsel. If opposing counsel, or the person or entity who has custody and control of the document, wishes to oppose the application, they must contact the chambers of the judge who will rule on the application to notify the Court that an opposition to the application will be filed.

CRITICALCivil cases

Sealing requires court order showing privilege or protectability

No document may be filed under seal, i.e., closed to inspection by the public except pursuant to a Court order that authorizes the sealing of the particular document, or portions of it. A sealing order may issue only upon a showing that the information is privileged or protectable under the law.

CRITICALCivil cases

Permission required to file confidential materials under seal

Before any materials produced in discovery, answers to interrogatories, responses to requests for admissions, deposition transcripts, or other documents which are designated as Confidential Information are filed with the Court for any purpose, the party seeking to file such material must seek permission of the Court to file the material under seal.

CRITICAL

After filing a motion to seal, the moving party must immediately file the proposed sealed documents in CM/ECF using the “Sealed Lodged Proposed Document” event pursuant to ECF Manual Section 2(j). If the moving party seeks to seal an entire document, it should lodge the document in full. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the proposed redactions highlighted in yellow for the Court’s consideration. Parties should not seek to file under seal entire pleadings, or entire attachments, unless the party can establish that the entire document satisfies the standard for sealing. The party moving to seal must also file a “public” version of the document(s) it seeks to file under seal. The public version should be a slip sheet for a document proposed to be sealed entirely or a document with the proposed sealed information redacted.

After filing a motion to seal, the moving party must immediately file the proposed sealed documents in CM/ECF using the “Sealed Lodged Proposed Document” event pursuant to ECF Manual Section 2(j). If the moving party seeks to seal an entire document, it should lodge the document in full. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the proposed redactions highlighted in yellow for the Court’s consideration. Parties should not seek to file under seal entire pleadings, or entire attachments, unless the party can establish that the entire document satisfies the standard for sealing. The party moving to seal must also file a “public” version of the document(s) it seeks to file under seal. The public version should be a slip sheet for a document proposed to be sealed entirely or a document with the proposed sealed information redacted.

CRITICAL

Motions to seal must include a specific showing that the material is legally protectable.

The public enjoys a presumptive right of access to court records, and any motion to file information under seal must be supported by a specific showing that the material is protectable under the law.

CRITICAL

Motions to seal must include a specific showing that the material is legally protectable.

The public enjoys a presumptive right of access to court records, and any motion to file information under seal must be supported by a specific showing that the material is protectable under the law.

CRITICAL

The public version should be a slip sheet for a document proposed to be sealed entirely or a document with the proposed sealed information redacted.

The public version should be a slip sheet for a document proposed to be sealed entirely or a document with the proposed sealed information redacted.

CRITICALCriminal cases

Sealed filings require redacted public version and unredacted submission to chambers.

Any party seeking to file documents under seal must comply with the procedures set forth in the Electronic Case Filing Administrative Policies and Procedures Manual (“ECF Manual”). The motion to file should not, itself, be filed under seal. Parties should not seek to file under seal entire pleadings, or entire attachments, unless the party can establish that the entire document satisfies the standard for sealing. Unless the entire document satisfies the standard for sealing, a redacted version of the document must be publicly filed on the docket with only those portions of the document appropriately subject to filing under seal redacted. An application to file under seal should specifically address the basis for sealing each proposed redaction. The party shall lodge the unredacted version of any filing by submitting it to efile_burkhardt@casd.uscourts.gov.

CRITICALCivil cases

Opposing parties must notify judge's chambers within one court day if opposing seal application.

If any party opposes the application to file under seal, that party must, within one court day, contact the chambers of the judge who will rule on the application to notify the judge’s staff that an opposition to the application will be filed.

CRITICALCriminal cases

Sealed filings require redacted public version and unredacted submission to chambers.

Any party seeking to file documents under seal must comply with the procedures set forth in the Electronic Case Filing Administrative Policies and Procedures Manual (“ECF Manual”). The motion to file should not, itself, be filed under seal. Parties should not seek to file under seal entire pleadings, or entire attachments, unless the party can establish that the entire document satisfies the standard for sealing. Unless the entire document satisfies the standard for sealing, a redacted version of the document must be publicly filed on the docket with only those portions of the document appropriately subject to filing under seal redacted. An application to file under seal should specifically address the basis for sealing each proposed redaction. The party shall lodge the unredacted version of any filing by submitting it to efile_burkhardt@casd.uscourts.gov.

CRITICALCivil cases

Sealed filings must comply with ECF Manual Section 2.j and Local Rule 79.2.

To file a document under seal, the parties must comply with the procedures explained in Section 2.j of the Electronic Case Filing Administrative Policies and Procedures Manual for the United States District Court for the Southern District of California and Civil Local Rule 79.2.

CRITICALCivil cases

The party should file the redacted document(s) simultaneously with a joint motion or ex parte application requesting that the confidential portions of the document(s) be filed under seal and setting forth good cause for the request.

The party should file the redacted document(s) simultaneously with a joint motion or ex parte application requesting that the confidential portions of the document(s) be filed under seal and setting forth good cause for the request.

CRITICALCivil cases

Lodging proposed protective orders in Word format by email to efile_Pettit@casd.uscourts.gov.

The parties must also lodge the proposed protective order in Word format by email to efile_Pettit@casd.uscourts.gov.

CRITICALCivil cases

Documents may only be filed under seal with court order and must include both unredacted and redacted versions.

There is a presumptive right of public access to court records based upon common law and First Amendment grounds. Accordingly, no document may be filed under seal, i.e., closed to inspection by the public, except pursuant to a Court order that authorizes the sealing of the particular document, or portions thereof. A sealing order may issue only upon a request that establishes that the document, or portions thereof, is privileged or otherwise subject to protection under the law. The request must be narrowly tailored to seek sealing only of sensitive personal or confidential information. An unredacted version of the document, identifying the portions subject to the motion to seal, must be lodged with the motion to seal. A redacted version of the document must be publicly filed simultaneously. Of course, if the motion to seal covers the entire document, a redacted version need not be filed in advance of the Court's ruling.

CRITICAL

Motion to seal must include description, legal standard, analysis, and supporting affidavits.

Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard; (3) an analysis of why the standard has been satisfied with respect to each proposed redaction; and (4) affidavits or declarations in support of the motion.

CRITICAL

Do not contact chambers for hearing date on motion to seal; use specific caption language.

Parties are not to contact chambers for a hearing date on a motion to seal. In the motion’s caption, in lieu of a hearing date and time, the caption should instead state: NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.

CRITICAL

Responses to motions to seal must be filed within 7 days.

Oppositions or notices of non-opposition must be filed within 7 days of the motion to seal’s filing.

CRITICAL

Parties must follow CASD ECF Policies for filing sealed documents.

Any party seeking to file documents under seal must comply with the procedures set forth in the CASD ECF Policies & Procedures, including the requirements for lodging the unredacted version of the filing it seeks to seal.

CRITICAL

Meet and confer required before sealing documents designated confidential or attorneys’ eyes only.

Where the movant seeks to seal a document because another party designated it “confidential” or “attorneys’ eyes only,” the movant must meet and confer with the designating party prior to filing the motion to determine whether the designating party still maintains that any portion of the document warrants sealing.

CRITICAL

Redacted version must be publicly filed if entire document doesn't meet sealing standard.

Unless the entire document satisfies the standard for sealing, a redacted version of the document must be publicly filed on the docket with only those portions of the document appropriately subject to filing under seal redacted.

CRITICALCivil cases

Information subject to privilege claims may be presented to court under seal for determination.

the receiving party may promptly present the information to the court under seal for a determination of the claim.

CRITICALCivil cases

Protective orders must include advance approval requirement before filing sealed documents

Stipulated protective orders in the Southern District of California must include a provision requiring advance approval by the judge hearing the case (or in Judge Moskowitz’ cases, the assigned magistrate judge) before documents can be filed under seal. Appropriate language would be similar to the following: "Nothing shall be filed under seal with the court, and the court shall not be required to take any action, without separate prior order by the Judge before whom the hearing or proceeding will take place, after application by the affected party with appropriate notice to opposing counsel."

CRITICALCivil cases

Parties must provide specific document descriptions and affidavits showing good cause to obtain a sealing order.

Parties seeking a sealing order must provide the court with: (1) a specific description of particular documents, or categories of documents, they need to protect; and (2) affidavits showing good cause to protect those documents from disclosure.

CRITICALCivil cases

Confidential settlements require 'good cause' showing and court findings before sealing.

Where the parties indicate that the settlement is “confidential,” they are required to meet the same “good cause” showing and the same analysis and findings by the court must be made before the record can be sealed.

CRITICALCivil cases

Inadvertent disclosure of privileged information does not waive privilege if reasonable precautions were taken and prompt corrective action follows.

If the disclosure of the privileged information was inadvertent (unintentional), there is no waiver: i. if the privilege holder took reasonable precautions to prevent disclosure; and ii. took reasonably prompt measures to rectify the error.

CRITICAL

Meet and confer required before sealing documents designated confidential or attorneys’ eyes only.

Where the movant seeks to seal a document because another party designated it “confidential” or “attorneys’ eyes only,” the movant must meet and confer with the designating party prior to filing the motion to determine whether the designating party still maintains that any portion of the document warrants sealing.

CRITICAL

Redacted version must be publicly filed if entire document doesn't meet sealing standard.

Unless the entire document satisfies the standard for sealing, a redacted version of the document must be publicly filed on the docket with only those portions of the document appropriately subject to filing under seal redacted.

CRITICALCivil cases

Inadvertent disclosure of privileged information does not waive privilege if reasonable precautions were taken and prompt corrective action follows.

If the disclosure of the privileged information was inadvertent (unintentional), there is no waiver: i. if the privilege holder took reasonable precautions to prevent disclosure; and ii. took reasonably prompt measures to rectify the error.

CRITICALCivil cases

Specific reasons required to file documents under seal; confidentiality designation alone is insufficient.

A party seeking to file a document under seal (or with restricted access) must provide specific reasons why such relief is appropriate. The fact that the document has been designated “confidential” or a similar designation pursuant to a protective order is not a sufficient reason in and of itself.

CRITICALCivil cases

Meet and confer required before filing motion to seal based on another party's confidentiality designation.

If the moving party seeks to file documents under seal based on another party’s designation of the documents as “confidential,” before filing the motion, the moving party must, if feasible, meet and confer with the other party as to which documents that party contends should be filed under seal.

WARNINGCriminal cases

Parties relying on transcripts or A/V exhibits must provide them to the other side well before the court appearance to meet and confer on redactions, and any disputed redactions must be marked using the specified methods when seeking a court ruling.

Redactions: A party relying on a transcript or an audio/visual exhibit for court must provide the transcript or exhibit to the other side sufficiently before the relevant court appearance to allow the parties to meet and confer on any possible redactions or portions to be shown or heard. After that meet-and-confer process, if any disputes remain, a party seeking a court ruling on any transcript disputes must mark the proposed redactions using these or similar methods:

WARNINGCriminal cases

Parties relying on transcripts or A/V exhibits must provide them to the other side well before the court appearance to meet and confer on redactions, and any disputed redactions must be marked using the specified methods when seeking a court ruling.

Redactions: A party relying on a transcript or an audio/visual exhibit for court must provide the transcript or exhibit to the other side sufficiently before the relevant court appearance to allow the parties to meet and confer on any possible redactions or portions to be shown or heard. After that meet-and-confer process, if any disputes remain, a party seeking a court ruling on any transcript disputes must mark the proposed redactions using these or similar methods:

WARNINGCriminal cases

Denied motions to seal result in immediate public filing on CM/ECF.

If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF.

WARNINGCriminal cases

Denied motions to seal result in immediate public filing on CM/ECF.

If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF.

WARNINGCivil cases

The Court may seal documents to protect sensitive information, limiting sealing to only the documents or portions necessary for that protection.

The Court may seal documents to protect sensitive information; however, the documents to be filed under seal will be limited by the Court to only those documents, or portions thereof, necessary to protect such sensitive information.

WARNINGCriminal cases

Before filing the documents to be sealed, the original sealing motion and documents should be submitted to the Clerk’s Office, which will forward them to chambers for review.

The original motion to seal, and the documents to be sealed, should be submitted to the Clerks’ Office prior to filing them. The Clerk’s Office will forward the documents to chambers for review.

WARNINGCriminal cases

The Court may seal only documents or portions necessary to protect sensitive personal or confidential information, and suggests submitting sensitive material separately.

There is a presumptive right of public access to court records based upon common law and first amendment grounds. 1 Even where a public right of access exists, such access may be denied by the Court in order to protect sensitive personal or confidential information. The Court may seal documents to protect sensitive information, however, the documents to be filed under seal will be limited by the Court to only those documents, or portions thereof, necessary to protect such sensitive information. Therefore, it is suggested that sensitive material be submitted in a separate document.

WARNINGCriminal cases

The Court recommends seeking to seal documents filed with sentencing documents, noticed motions, or oppositions or replies to noticed motions before filing those documents.

The Court recommends that parties seeking to seal documents that will be filed in conjunction with sentencing documents, noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents.

WARNINGCriminal cases

Motions to file under seal are strongly discouraged.

There is a presumptive right of public access to court records based upon common law and First Amendment grounds. As such, motions to file documents under seal are strongly discouraged.

WARNINGCivil cases

Strict standard applied for sealing documents.

The standard for filing documents under seal will be strictly applied.

WARNINGCivil cases

Sealing motions must be narrowly tailored to specific documents/portions.

Motions to seal must be narrowly tailored to the documents or portions of documents which require protection for good cause in accordance with legal standards. Parties shall not request the wholesale sealing of documents where only portions require protection.

WARNINGCivil cases

If no response is filed, the Court may order that the document be filed in the public record.

If no response is filed, the Court may order that the document be filed in the public record.

WARNINGCivil cases

If no response is filed, the Court may order that the document be filed in the public record.

If no response is filed, the Court may order that the document be filed in the public record.

WARNINGCivil cases

The party should file the redacted document(s) simultaneously with a joint motion or ex parte application requesting that the confidential portions of the document(s) be filed under seal and setting forth good cause for the request.

The party should file the redacted document(s) simultaneously with a joint motion or ex parte application requesting that the confidential portions of the document(s) be filed under seal and setting forth good cause for the request.

WARNING

Meet and confer required when sealing based on protective order designations.

Parties often seek to seal a document only because another party designated the document as sensitive under a protective order, including with a “confidential” or “attorneys’ eyes only” designation. In these circumstances, the moving party must first meet and confer with the designating party to determine whether the designating party maintains that any portion of the document must be filed under seal.

WARNINGCivil cases

Presumptive right of public access to court records exists under common law and First Amendment.

There is a presumptive right of public access to court records based upon common law and First Amendment grounds.

WARNINGCivil cases

Sealing standard strictly applied; redactions must be narrowly tailored.

The standard for filing documents under seal will be strictly applied, and all proposed redactions must be as narrowly tailored as possible.

WARNING

A request to file information under seal requires a specific justification; vague references to competitive harm are almost always insufficient.

The Court will scrutinize any request to file information under seal, and a request will only be granted if a specific showing is made that justifies sealing. Generic and vague references to “competitive harm” will almost always be insufficient to justify sealing.

WARNING

If the moving party seeks to seal an entire document, it should lodge the document in full. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the proposed redactions highlighted in yellow for the Court’s consideration.

If the moving party seeks to seal an entire document, it should lodge the document in full. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the proposed redactions highlighted in yellow for the Court’s consideration.

WARNING

Entire pleadings/attachments should not be sealed unless entire document meets sealing standard.

Parties should not seek to file under seal entire pleadings, or entire attachments, unless the party can establish that the entire document satisfies the standard for sealing.

WARNINGCivil cases

Party seeking protective order must show good cause with specific need.

The party or person seeking the protective order bears the burden of “good cause.” They must make a clear showing of a particular and specific need for the order.

WARNINGCivil cases

Good cause requires showing harm or prejudice from disclosure.

The “need” is typically a showing of the harm or prejudice that would follow disclosure.

WARNINGCivil cases

Umbrella/blanket protective orders can be challenged as they lack document-by-document review.

Blanket and umbrella orders are inherently subject to challenge since they are issued without the document-by-document particularized showing.

WARNINGCivil cases

Broad allegations without specifics don't satisfy Rule 26(c) test.

Courts have said that, “[b]road allegations of harm, unsubstantiated by specific examples or articulated reasoning, do not satisfy the Rule 26(c) test[.]”

WARNINGCivil cases

Embarrassment or minor harm insufficient for sealing.

Embarrassing or only slightly harmful is not a sufficient basis for protection.

WARNINGCivil cases

Broad allegations without specifics don't satisfy Rule 26(c) test.

Courts have said that, “[b]road allegations of harm, unsubstantiated by specific examples or articulated reasoning, do not satisfy the Rule 26(c) test[.]”

WARNINGCivil cases

Embarrassment or minor harm insufficient for sealing.

Embarrassing or only slightly harmful is not a sufficient basis for protection.

INFOCivil cases

Presumptive right of public access to court records.

There is a presumptive right of public access to court records based upon common law and first amendment grounds.

INFOCivil cases

The Court recommends seeking to seal documents associated with noticed motions before filing those documents.

The Court recommends that parties seeking to seal documents that will be filed in conjunction with noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents.

INFO

Presumptive right of public access to court records.

There is a presumptive right of public access to court records based upon common law and first amendment grounds.

INFO

Court may seal documents to protect sensitive information.

The Court may seal documents to protect sensitive personal or confidential information.

INFO

Court may seal documents to protect sensitive information.

The Court may seal documents to protect sensitive personal or confidential information.

INFOCivil cases

Use Judge Pettit's model protective order available on court website.

The Court encourages use of Judge Pettit's model protective order, which is available on Judge Pettit's page on the Court's website available at https://www.casd.uscourts.gov/Judges/Judge-Info.aspx.

INFOCivil cases

Trade secrets and confidential commercial information may be protected from disclosure.

order that trade secret or other confidential research, development or commercial information not be revealed or revealed in a designated way

INFOCivil cases

Rule 26 allows sealing of discovery materials only in limited circumstances.

Under Rule 26, there are limited circumstances and situations where files, materials, or information can be sealed or limited in use.

INFOCivil cases

Court must balance interests even when good cause exists.

However, even if good cause exists, the court must balance the interests in allowing discovery against the relative burdens to the parties and nonparties (i.e., the public).

INFOCivil cases

Judge must review any request to seal records to protect public interest.

The judge is the primary representative of the public interest in the judicial process and is duty-bound therefore to review any request to seal the record (or part of it).

INFOCivil cases

Parties can either agree on trade secret definition or list specific document categories with harm arguments for protective orders.

The court found the parties had two paths – either agree to an appropriate definition of trade secrets, or list discrete categories of documents by subject matter with supporting arguments showing that the category qualifies as protectable information and the specific competitive harm that was threatened.

INFOCivil cases

Protective orders with good cause determination override federal common law right of access.

Where, however, a court grants a protective order having determined good cause to protect particular information from being disclosed, the federal common law right of access does not apply to documents filed under seal for good cause shown.

INFOCivil cases

Applying a strong presumption of public access to the documents sealed after review by the court would “surely undermine, and possibly eviscerate, the broad power of the district court to fashion protective orders.”

Applying a strong presumption of public access to the documents sealed after review by the court would “surely undermine, and possibly eviscerate, the broad power of the district court to fashion protective orders.”

INFOCivil cases

Umbrella protective orders covering trade secrets or other confidential information are permitted if judge verifies good faith and allows challenges.

There is no objection to an order that allows the parties to keep their trade secrets (or some other properly demarcated category of legitimately confidential information) out of the public record, provided the judge (1) satisfies himself that the parties know what a trade secret is and are acting in good faith in deciding which parts of the record are trade secrets and (2) makes explicit that either party and any interested member of the public can challenge the secreting of particular documents.

INFOCivil cases

Applying a strong presumption of public access to the documents sealed after review by the court would “surely undermine, and possibly eviscerate, the broad power of the district court to fashion protective orders.”

Applying a strong presumption of public access to the documents sealed after review by the court would “surely undermine, and possibly eviscerate, the broad power of the district court to fashion protective orders.”

INFOCivil cases

Umbrella protective orders covering trade secrets or other confidential information are permitted if judge verifies good faith and allows challenges.

There is no objection to an order that allows the parties to keep their trade secrets (or some other properly demarcated category of legitimately confidential information) out of the public record, provided the judge (1) satisfies himself that the parties know what a trade secret is and are acting in good faith in deciding which parts of the record are trade secrets and (2) makes explicit that either party and any interested member of the public can challenge the secreting of particular documents.