Court Rules

Southern District of Texas Sealing & Redaction Procedures

61 rules from official source documents

Procedures for filing sealed or redacted documents, including required motions and formats.

CRITICAL

Parties filing a civil action they wish to seal must submit an application to the clerk with complaint and materials in a sealed envelope marked 'sealed exhibit'.

83.6.A. Civil Actions. On the filing of a civil action that the party desires be sealed, the party shall present an application to the clerk attaching the complaint and accompanying materials in a sealed envelope marked “sealed exhibit.” A miscellaneous case number will be assigned and the case file presented to the miscellaneous judge. Once that judge has ruled on the application, the case file

Chief Judge Randy Crane

CRITICAL

Probation officer's sentencing recommendation is not disclosed unless ordered by the sentencing judge.

The probation officer’s recommendation on the sentence shall notbe disclosed unless so ordered by the sentencing judge.

Chief Judge Randy Crane

CRITICAL

Grand juror names must be kept confidential.

A. The names of grand jurors shall be held confidential.

Chief Judge Randy Crane

CRITICAL

Grand juror names must be kept confidential.

A. The names of grand jurors shall be held confidential.

Chief Judge Randy Crane

CRITICALCivil cases

Parties filing pleadings, motions, or exhibits under seal must first file a Motion to File under Seal.

If a party wishes to file a pleading, motion, or exhibit under seal, the party must first file a Motion to File under Seal. The Court will then consider whether the pleading, motion, or exhibit shall be admitted under seal;

Judge Alfred H. Bennett

CRITICAL

Parties must obtain court permission to seal filings containing confidential information, requiring a sealed motion, unredacted filing, and redacted public version.

8. Any party seeking to file under seal any pleading, brief, or supporting material containing Confidential Information must obtain permission of the Court. The Court allows such filing only on showing of exceptional circumstances. Any party seeking to seal Confidential Information must: a. File a sealed motion explaining to the Court the justification for preventing public disclosure of the information; b. Attach the filing proposed for permanent seal on the docket; c. Attach a redacted version suitable to and proposed for filing on the public docket or explanation why redaction is not possible; and

Judge Charles R. Eskridge III

CRITICALCivil cases

Confidential information and filings disclosing it must be filed under seal until further court order, with producing parties responsible for any additional preconditions required by the court.

All information subject to confidential treatment in accordance with the terms of this Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, must be filed under seal to the extent permitted by law (including without limitation any applicable rules of court) and kept under seal until further order of the Court. To the extent the Court requires any further act by the parties as a precondition to the filing of documents underseal (beyond the submission of this Stipulation and Order Regarding Confidential Information), it is the obligation of the producing party of the documents to be filed with the Court to satisfy any such precondition. When possible, only confidential portions of filings with the Court are to be filed under seal

Judge Charles R. Eskridge III

CRITICALCivil cases

Court filings subject to confidential treatment or disclosing Confidential Information must be filed under seal to the extent permitted and remain sealed until further court order; if possible, only confidential portions should be sealed.

Documents or information filed with the court that is subject to confidential treatment under this Order, and any pleadings, motions, or other papers filed with the court disclosing any Confidential Information, must be filed under seal to the extent permitted by the law, rules, or court orders, and must be kept under seal until the court orders otherwise. To the extent the court requires any further act by the parties as a precondition to filing the documents or information under seal, the party filing the document or information is responsible for satisfying the requirements. If possible, only the confidential parts of documents of information filed with the court will be filed under seal.

Judge Charles R. Eskridge III

CRITICALCivil cases

Confidential information filed with the Court must be filed under seal to the extent permitted by law, and only confidential portions should be sealed where possible.

All information subject to confidential treatment in accordance with the terms of this Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, shall be filed under seal to the extent permitted by law (including without limitation any applicable rules of court) and kept under seal until further order of the Court. To the extent the Court requires any further act by the parties as a precondition to the filing of documents under seal (beyond the submission of this Stipulation and Order Regarding Confidential Information), it shall be the obligation of the producing party of the documents to be filed with the Court to satisfy any such precondition. Where possible, only confidential portions of filings with the Court shall be filed under seal.

Judge Charles R. Eskridge III

CRITICALCivil cases

Designated Material filed with the Court is public unless a party moves to file it under seal, and this Order does not automatically seal it.

Any Designated Material which becomes part of an official judicial proceeding or which is filed with the Court is public. Such Designated Material will be sealed by the Court only upon motion and in accordance with applicable law. This Protective Order does not provide for the automatic sealing of such Designated Material. If it becomes necessary to file Designated Material with the Court, a party must move to file the Designated Material under seal.

Judge George C. Hanks Jr.

CRITICAL

Filings under seal must be accompanied by a motion to seal and a version of the document(s) with proposed redactions highlighted; wholesale sealing requires an extraordinary showing.

if a party wishes to file a pleading, motion, or exhibit under seal, it must be accompanied by a motion to seal ... Such motion must also be accompanied by a version of the document(s) to be sealed/redacted in which proposed redactions are highlighted. The court will not seal documents wholesale absent an extraordinary showing.

Judge Jeffrey V. Brown

CRITICALCivil cases

Designated Material filed with the Court is sealed only upon motion, with no automatic sealing; specific procedures apply based on whether the Filing Party is the Designating Party.

14. “[D]isplacing the high bar for sealing orders with the low bar for protective orders . . . undercuts the public’s right of access and thus undermines the public’s faith in our justice system.” Binh Hoa Le v. Exeter Fin. Corp., 990 F.3d 410, 421 (5th Cir. 2021). Accordingly, Designated Material filed with the Court will be sealed by the Court only upon motion and in accordance with applicable law. This Order does not provide for the automatic sealing of such Designated Material. If it becomes necessary to file Designated Material with the Court, the Designating Party must move to file the Designated Material under seal, even if the Designating Party is not the party who seeks to file such Designated Material with the Court (the “Filing Party”). a. When the Designating Party and the Filing Party are one in the same, that party must file a motion to seal contemporaneously with filing the Designated Material under seal. The motion to seal must undertake a “line-by-line balancing of the public’s common law right of access against the interests favoring nondisclosure.” Le, 990 F.3d at 419 (quotation omitted). Designated Material will remain sealed while a ruling on the motion to seal is pending. b. Whenever the Filing Party is not the Designating Party, the Filing Party must confer with the Designating Party as to whether the Designating Party will withdraw the designation. If the Designating Party refuses to withdraw the designation, the Filing Party may file the Designated Material under seal, but must provide a certificate of conference reflecting the Designating Party’s position. Once the Designated Material is filed under seal, the Designating Party has seven days to file a motion to seal. Designated Material will be automatically unsealed if a motion to seal is not filed within seven days of the Designated Material being filed under seal.

Judge Jeffrey V. Brown

CRITICALCivil cases

Redacted exhibits may not be filed under seal.

Redacted exhibits may not be filed under seal.

Judge Jeffrey V. Brown

CRITICALCivil cases

All motions to seal must include redacted exhibits of the Designated Material.

Accordingly, all motions to seal must be accompanied by redacted exhibits of the Designated Material.

Judge Jeffrey V. Brown

CRITICALCivil cases

Non-opposition or mutual agreement does not exempt motions to seal from compliance requirements.

Parties’ non-opposition or mutual agreement regarding the sealing of Designated Material is irrelevant where the public record is concerned. Even unopposed motions to seal must comply with this paragraph.

Judge Jeffrey V. Brown

CRITICALCivil cases

Exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11.

Any exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11 (available at the District website).

Judge John A. Kazen

CRITICALCivil cases

Pleadings with personal data identifiers must comply with S.D. Texas General Order #2004-11 regarding personal privacy.

Any pleadings filed with the Court, including exhibits thereto, containing personal data identifiers must comply with the S.D. Texas General Order #2004-11 (available at the District’s website) on protecting personal privacy in public case files.

Judge John A. Kazen

CRITICALCriminal cases

Pleadings with personal data identifiers must comply with S.D. Texas General Order #2004-11 on personal privacy in public case files.

Any pleadings filed with the Court, including exhibits thereto, containing personal data identifiers must comply with the S.D. Texas General Order #2004-11 (available at the District’s website) on protecting personal privacy in public case files.

Judge John A. Kazen

CRITICALCivil cases

Pleadings with personal data identifiers must comply with S.D. Texas General Order #2004-11 on personal privacy protection.

Any pleadings filed with the Court, including exhibits thereto, containing personal data identifiers must comply with the S.D. Texas General Order #2004-11 (available at the District’s website) on protecting personal privacy in public case files.

Judge Marina Garcia Marmolejo

CRITICALCivil cases

Any exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11 (available at the District website).

Any exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11 (available at the District website).

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Pleadings with personal data identifiers must comply with S.D. Texas General Order #2004-11 regarding personal privacy.

Any pleadings filed with the Court, including exhibits thereto, containing personal data identifiers must comply with the S.D. Texas General Order #2004-11 (available at the District’s website) on protecting personal privacy in public case files.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Exhibits with personal data identifiers must comply with S.D. Texas General Order #2004-11.

Any exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11 (available at the District website).

Judge Marina Garcia Marmolejo

CRITICALCivil cases

Exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11.

Any exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11 (available at the District website).

Judge Marina Garcia Marmolejo

CRITICALCivil cases

Pleadings with personal data identifiers must comply with S.D. Texas General Order #2004-11 on personal privacy.

Any pleadings filed with the Court, including exhibits thereto, containing personal data identifiers must comply with the S.D. Texas General Order #2004-11 (available at the District’s website) on protecting personal privacy in public case files.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Pleadings and exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11 regarding personal privacy protections.

Any pleadings filed with the Court, including exhibits thereto, containing personal data identifiers must comply with the S.D. Texas General Order #2004-11 (available at the District’s website) on protecting personal privacy in public case files.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Exhibits with personal data identifiers must comply with S.D. Texas General Order #2004-11.

Any exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11 (available at the District website).

Judge Marina Garcia Marmolejo

CRITICAL

Motion to seal required for any pleading, brief, or supporting material under seal; file unredacted material under seal, motion to seal with redacted version on public docket, and label under-seal filings with SEALED designation.

b. Motion Required to Seal: A presumption exists as to public access to judicial records. The Court disfavors the filing of any pleading, brief, or supporting material under seal. Seek permission by motion establishing good cause as follows, and refer to Le v. Exeter Finance Corp., 990 F.3d 410, 417–21 (5th Cir 2021). Under seal, file the at-issue pleading, brief, or other material. On the public record, separately file a motion to seal. Prepare and attach to the motion a redacted version of the material suitable to and proposed for filing on the public docket. In the alternative, establish cause why redaction is not possible. Identify all under-seal filings on the CM/ECF system with an informative title and designation of SEALED. For example, Motion for Summary Judgment (SEALED). Absent permission, do not simply identify a document as SEALED DOCUMENT without explanation. c. Disposition: The Court promptly considers such motions and directs filings under seal or on the public docket as appropriate.

Judge Nicholas Jon Ganjei

CRITICALCriminal cases

Presentence Investigation Reports (“PSR”) are sealed documents, and should not contain information specifically excluded under Fed. R. CRIM. P. 32(d)(3).

Presentence Investigation Reports (“PSR”) are sealed documents, and should not contain information specifically excluded under Fed. R. CRIM. P. 32(d)(3).

Judge Rolando Olvera

CRITICALCivil cases

Pleadings, motions, and other papers disclosing Confidential Information must be filed under seal until further court order, with only confidential portions sealed where possible.

this Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, shall be filed under seal to the extent permitted by law (including without limitation any applicable rules of court) and kept under seal until further order of the Court. To the extent the Court requires any further act by the parties as a precondition to the filing of documents under seal (beyond the submission of this Stipulation and Order Regarding Confidential Information), it shall be the obligation of the producing party of the documents to be filed with the Court to satisfy any such precondition. Where possible, only confidential portions of filings with the Court shall be filed under seal.

Magistrate Judge Christina A. Bryan

CRITICALCivil cases

Pleadings, motions, and other papers disclosing Confidential Information must be filed under seal until further court order, with only confidential portions sealed where possible.

this Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, shall be filed under seal to the extent permitted by law (including without limitation any applicable rules of court) and kept under seal until further order of the Court. To the extent the Court requires any further act by the parties as a precondition to the filing of documents under seal (beyond the submission of this Stipulation and Order Regarding Confidential Information), it shall be the obligation of the producing party of the documents to be filed with the Court to satisfy any such precondition. Where possible, only confidential portions of filings with the Court shall be filed under seal.

Magistrate Judge Christina A. Bryan

CRITICALCivil cases

Documents subject to confidential treatment or disclosing Confidential Information must be filed under seal, retained until court order, with only confidential parts sealed if possible.

8.  Documents or information filed with the court that is subject to confidential treatment under this Order, and any pleadings, motions, or other papers filed with the court disclosing any Confidential Information, must be filed under seal to the extent permitted by the law, rules, or court orders, and must be kept under seal until the court orders otherwise. To the extent the court requires any further act by the parties as a precondition to filing the documents or information under seal, the party filing the document or information is responsible for satisfying the requirements. If possible, only the confidential parts of documents of information filed with the court will be filed under seal.

Magistrate Judge Christina A. Bryan

CRITICALCivil cases

Designated Material filed with the Court or used in a judicial proceeding is public unless a party moves to file it under seal; the Protective Order does not automatically seal it.

Any Designated Material which becomes part of an official judicial proceeding or which is filed with the Court is public. Such Designated Material will be sealed by the Court only upon motion and in accordance with applicable law. This Protective Order does not provide for the automatic sealing of such Designated Material. If it becomes necessary to file Designated Material with the Court, a party must move to file the Designated Material under seal.

Magistrate Judge Christina A. Bryan

CRITICAL

Motions to seal pleadings, briefs, or supporting materials require good cause; public access is presumed and sealed filings are disfavored.

Motion required to seal. A presumption exists as to public access to judicial records. The Court disfavors the filing of any pleading, brief, or supporting material under seal. Seek permission by motion establishing good cause as follows.

Magistrate Judge Julie K. Hampton

CRITICAL

Sealed materials must be filed under seal, with a separate public motion to seal attaching a redacted version, or show cause why redaction is impossible.

Under seal, file the at-issue pleading, brief, or other material. On the public record, separately file a motion to seal. Prepare and attach to the motion a redacted version of the material suitable to and proposed for filing on the public docket. In the alternative, establish cause why redaction is not possible.

Magistrate Judge Julie K. Hampton

CRITICALCivil cases

Documents subject to confidential treatment or disclosing Confidential Information must be filed under seal until court order, with only confidential parts sealed if possible.

Documents or information filed with the court that is subject to confidential treatment under this Order, and any pleadings, motions, or other papers filed with the court disclosing any Confidential Information, must be filed under seal to the extent permitted by the law, rules, or court orders, and must be kept under seal until the court orders otherwise. To the extent the court requires any further act by the parties as a precondition to filing the documents or information under seal, the party filing the document or information is responsible for satisfying the requirements. If possible, only the confidential parts of documents of information filed with the court will be filed under seal.

Magistrate Judge Richard W. Bennett

CRITICALCivil cases

Confidential information and filings disclosing it must be filed under seal to the extent permitted by law, and only confidential portions should be sealed where possible.

All information subject to confidential treatment in accordance with the terms of this Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, shall be filed under seal to the extent permitted by law (including without limitation any applicable rules of court) and kept under seal until further order of the Court. To the extent the Court requires any further act by the parties as a precondition to the filing of documents under seal (beyond the submission of this Stipulation and Order Regarding Confidential Information), it shall be the obligation of the producing party of the documents to be filed with the Court to satisfy any such precondition. Where possible, only confidential portions of filings with the Court shall be filed under seal.

Magistrate Judge Richard W. Bennett

CRITICALCivil cases

Information subject to confidential treatment and court filings disclosing it must be filed under seal to the extent permitted by law.

All information subject to confidential treatment in accordance with the terms of this Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, shall be filed under seal to the extent permitted by law (including without limitation any

Magistrate Judge Richard W. Bennett

CRITICAL

Parties may provisionally file documents under seal if contemporaneously submitting a motion for leave to seal; court determines final seal status and may direct filing of public redacted version.

Any party who wishes to file any document under seal may do so provisionally, but the party must also contemporaneously submit a motion requesting leave to file the document under seal. Upon resolving the motion for leave to file under seal, the Court will determine whether the document should remain under seal, either in whole or part. 2. Redacted versions. Where warranted, the Court may direct a party to file a public, redacted version of the document.

Magistrate Judge Yvonne Y. Ho

CRITICAL

A party may provisionally file a document under seal only if it contemporaneously submits a motion for leave to file under seal, with the Court later deciding whether the document remains sealed.

Any party who wishes to file any document under seal may do so provisionally, but the party must also contemporaneously submit a motion requesting leave to file the document under seal. Upon resolving the motion for leave to file under seal, the Court will determine whether the document should remain under seal, either in whole or part.

Magistrate Judge Yvonne Y. Ho

CRITICALCivil cases

Confidential information filed with the Court must be filed under seal to the extent permitted by law and remain sealed until further order; the producing party must satisfy any additional court preconditions, and only confidential portions should be sealed where possible.

All information subject to confidential treatment in accordance with the terms of this Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, shall be filed under seal to the extent permitted by law (including without limitation any applicable rules of court) and kept under seal until further order of the Court. To the extent the Court requires any further act by the parties as a precondition to the filing of documents under seal (beyond the submission of this Stipulation and Order Regarding Confidential Information), it shall be the obligation of the producing party of the documents to be filed with the Court to satisfy any such precondition. Where possible, only confidential portions of filings with the Court shall be filed under seal.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Counsel must comply with Fed. R. Civ. P. 5.2(a) to protect minor plaintiffs' identities and privileged information.

Counsel shall keep in mind and comply with FED. R. CIV. P. 5.2(a) to protect the identities and other privileged information of minors.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, shall be filed under seal to the extent permitted by law (including without limitation any applicable rules of court) and kept under seal until further order of the Court.

Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, shall be filed under seal to the extent permitted by law (including without limitation any applicable rules of court) and kept under seal until further order of the Court.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Confidential information filed with the Court must be filed and kept under seal to the extent permitted by law; the producing party must satisfy any additional court-required preconditions, and only confidential portions should be sealed when possible.

All information subject to confidential treatment in accordance with the terms of this Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, must be filed under seal to the extent permitted by law (including without limitation any applicable rules of ===== PAGE 12 ===== court) and kept under seal until further order of the Court. To the extent the Court requires any further act by the parties as a precondition to the filing of documents underseal (beyond the submission of this Stipulation and Order Regarding Confidential Information), it is the obligation of the producing party of the documents to be filed with the Court to satisfy any such precondition. When possible, only confidential portions of filings with the Court are to be filed under seal

Senior Judge Lee H. Rosenthal

CRITICALCivil cases

Documents subject to confidential treatment or disclosing Confidential Information must be filed under seal, kept sealed until court order, with only confidential parts sealed if possible.

Documents or information filed with the court that is subject to confidential treatment under this Order, and any pleadings, motions, or other papers filed with the court disclosing any Confidential Information, must be filed under seal to the extent permitted by the law, rules, or court orders, and must be kept under seal until the court orders otherwise. To the extent the court requires any further act by the parties as a precondition to filing the documents or information under seal, the party filing the document or information is responsible for satisfying the requirements. If possible, only the confidential parts of documents of information filed with the court will be filed under seal.

Senior Judge Lee H. Rosenthal

CRITICALCivil cases

Confidential information filed with the Court must be filed and kept under seal to the extent permitted by law; the producing party must satisfy any additional court-required preconditions, and only confidential portions should be sealed when possible.

All information subject to confidential treatment in accordance with the terms of this Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, must be filed under seal to the extent permitted by law (including without limitation any applicable rules of ===== PAGE 12 ===== court) and kept under seal until further order of the Court. To the extent the Court requires any further act by the parties as a precondition to the filing of documents underseal (beyond the submission of this Stipulation and Order Regarding Confidential Information), it is the obligation of the producing party of the documents to be filed with the Court to satisfy any such precondition. When possible, only confidential portions of filings with the Court are to be filed under seal

Senior Judge Lee H. Rosenthal

CRITICALCivil cases

Designated Material filed with the Court or made part of an official judicial proceeding is public and is not automatically sealed; a party must move to file it under seal, consistent with applicable law.

Any Designated Material which becomes part of an official judicial proceeding or which is filed with the Court is public. Such Designated Material will be sealed by the Court only upon motion and in accordance with applicable law. This Protective Order does not provide for the automatic sealing of such Designated Material. If it becomes necessary to file Designated Material with the Court, a party must move to file the Designated Material under seal.

Senior Judge Lee H. Rosenthal

WARNING

Sealed filings are disfavored; follow Section 12 procedures if sealing is necessary.

Filings under seal are disfavored. Proceed under Section 12 if believed necessary.

Judge Charles R. Eskridge III

WARNING

Motions to seal are disfavored; parties must follow Section 10 procedures for sealed filings.

Motions to seal. The Court disfavors but will consider filings under seal. Proceed as directed under Section 10.

Judge Drew B. Tipton

WARNINGCriminal cases

Pleadings and exhibits containing personal data identifiers must comply with S.D. Tex. General Order #2004-11 on protecting personal privacy in public case files.

Any pleadings filed with the Court, including exhibits thereto, containing personal data identifiers must comply with the S.D. Texas General Order #2004-11 (available at the District's website) on protecting personal privacy in public case files.

Judge Marina Garcia Marmolejo

WARNINGCriminal cases

Exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11.

Any exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11 (available at the District website).

Judge Marina Garcia Marmolejo

WARNINGCivil cases

Where possible, only confidential portions of court filings should be filed under seal.

Where possible, only confidential portions of filings with the Court shall be filed under seal.

Magistrate Judge Richard W. Bennett

WARNING

The Court may direct a party to file a public, redacted version of a sealed document where warranted.

Where warranted, the Court may direct a party to file a public, redacted version of the document.

Magistrate Judge Yvonne Y. Ho

WARNINGCivil cases

If the Court requires any further preconditions to sealing beyond submission of the Stipulation and Order, the producing party of the documents must satisfy those preconditions.

To the extent the Court requires any further act by the parties as a precondition to the filing of documents under seal (beyond the submission of this Stipulation and Order Regarding Confidential Information), it shall be the obligation of the producing party of the documents to be filed with the Court to satisfy any such precondition.

Senior Judge Andrew S. Hanen

WARNINGCivil cases

Only the confidential portions of court filings should be placed under seal where possible, with non-confidential portions remaining public.

Where possible, only confidential portions of filings with the Court shall be filed under seal.

Senior Judge Andrew S. Hanen

WARNINGCivil cases

Counsel must comply with FRCP 5.2(a) to protect the identities and privileged information of minors in filings.

Counsel shall keep in mind and comply with FED. R. CIV. P. 5.2(a) to protect the identities and other privileged information of minors.

Senior Judge Andrew S. Hanen

INFO

Grand jury witness names may be sealed for cause.

Names of witnesses appearing before a grand jury may be sealed for cause.

Chief Judge Randy Crane

INFO

Petit juror names may be kept confidential at the trial judge's discretion.

B. The trial judge may hold the names of petit jurors confidential.

Chief Judge Randy Crane

INFOCivil cases

Proposed redactions in sealed documents should be highlighted for the court's convenience.

Proposed redactions in the documents filed under seal should be highlighted for the court’s convenience.

Judge Jeffrey V. Brown

CRITICAL

Filing documents under seal requires a motion establishing good cause, with redacted versions filed publicly, unredacted versions filed under seal, and proper SEALED designation on CM/ECF.

Motion required to seal. A presumption exists as to public access to judicial records. The filing of any pleading, brief, or supporting material under seal is disfavored. Seek alternate permission by motion establishing good cause as follows. Refer to Le v Exeter Finance Corp, 990 F3d 410, 417–21 (5th Cir 2021). Under seal, file the at-issue pleading, brief, or other material. On the public record, separately file a motion to seal. Prepare and attach to the motion a redacted version public docket. In the alternative, establish cause why redaction isn’t possible. Identify all under-seal filings on the CM/ECF system with an informative title and designation of SEALED. For example, Motion for Summary Judgment (SEALED). Absent alternate permission, don’t simply identify a document as SEALED DOCUMENT without explanation.

Judge Charles R. Eskridge III

CRITICAL

Sealing a pleading or brief requires a motion to seal filed on the public docket with a redacted version attached, and the unredacted material filed under seal.

Motion required to seal. A presumption exists as to public access to judicial records. The Court disfavors the filing of any pleading, brief, or supporting follows. Under seal, file the at-issue pleading, brief, or other material. On the public record, separately file a motion to seal. Prepare and attach to the motion a redacted version of the material suitable to and proposed for filing on the public docket. In the alternative, establish cause why redaction is not possible.

Judge Drew B. Tipton

CRITICAL

Sealing requires a motion to seal filed on public docket with redacted material; unredacted material filed under seal on ECF with SEALED designation and informative title.

Motion required to seal. A presumption exists as to public access to judicial records. The Court disfavors the filing of any pleading, brief, or supporting follows. Under seal, file the at-issue pleading, brief, or other material. On the public record, separately file a motion to seal. Prepare and attach to the motion a redacted version of the material suitable to and proposed for filing on the public docket. In the alternative, establish cause why redaction is not possible. Identify all under-seal filings on the CM/ECF system with an informative title and designation of SEALED. For example, Motion for Summary Judgment (SEALED). Absent permission, do not simply identify a document as SEALED DOCUMENT without explanation.

Judge Drew B. Tipton
Common questions about Southern District of Texas sealing & redaction procedures

How does Southern District of Texas handle sealed or redacted filings?

Judge Marina Garcia Marmolejo: Pleadings with personal data identifiers must comply with S.D. Texas General Order #2004-11 on personal privacy protection.

View ruleOfficial source Source: page 5, section A. General Guidelines

Senior Judge Lee H. Rosenthal: Confidential information filed with the Court must be filed and kept under seal to the extent permitted by law; the producing party must satisfy any additional court-required preconditions, and only confidential portions should be sealed when possible.

View ruleOfficial source Source: page 12, section Paragraph 8

Chief Judge Randy Crane: Parties filing a civil action they wish to seal must submit an application to the clerk with complaint and materials in a sealed envelope marked 'sealed exhibit'.

View ruleOfficial source Source: page 20, section LR83.6.A Civil Actions

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