Southern District of Texas Sealing & Redaction Procedures

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'.

Source text: 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

Grand juror names must be kept confidential.

Source text: A. The names of grand jurors shall be held confidential.

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

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

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

Source text: 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;

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

Source text: 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.

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.

Source text: 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.

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

Source text: 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

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.

Source text: 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 under seal (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

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

Source text: 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.

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.

Source text: 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.

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.

Source text: 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.

Pleadings, motions, or exhibits filed under seal must be accompanied by a motion to seal.

Source text: Per the court’s Standing Protective Order, which can be found on Judge Brown and Judge Edison’s webpages, if a party wishes to file a pleading, motion, or exhibit under seal, it must be accompanied by a motion to seal

Motions to seal must include a version of the documents to be sealed with redactions highlighted.

Source text: Such motion must also be accompanied by a version of the document(s) to be sealed/redacted in which proposed redactions are highlighted.

Social security appeals must redact claimant names to first and last initials in the last name field, omitting the first name.

Source text: To protect the privacy interests of social security claimants, all social security appeals filed in the Galveston Division must be opened using only the claimants’ first and last initials (e.g., A.Z. v. Commissioner) in the last name field, leaving the first name field blank.

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.

Source text: 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.

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

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

Redacted exhibits must be filed publicly and not under seal.

Source text: Redacted exhibits may not be filed under seal.

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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.

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.

Source text: 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.

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.

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

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

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

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

Source text: 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.

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

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

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

Source text: 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.

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

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

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.

Source text: 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.

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

Source text: 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.

Presentence Investigation Reports (PSR) are sealed documents and must not contain information excluded by Fed. R. Crim. P. 32(d)(3).

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

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.

Source text: 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.

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

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

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

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

Grand jury witness names may be sealed for cause.

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

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

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

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

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