Western District of Texas Sealing & Redaction Procedures

Parties must exclude or redact specified personal data identifiers from all pleadings (including exhibits, electronic or paper) unless ordered otherwise by the Court.

Source text: The following personal data identifiers should be excluded from all pleadings filed with the court, including any exhibits thereto, whether filed electronically or in paper, unless otherwise ordered by the Court:2 a. Social Security numbers. If an individual's Social Security number must be included in a pleading, only the last four digits of that number should be used. b. Names of minor children. If the name of a minor child must be mentioned in a pleading, only the initials of that child should be used. c. Dates of birth. If an individual's date of birth must be included in a pleading, only the year should be used. d. Financial account numbers. If financial account numbers are required in any pleading, only the last four digits of these numbers should be used. e. Home Addresses (in criminal cases). If a home address must be included, only the city and state should be listed.

Parties may file unredacted documents or a reference list under seal with specified heading if full personal data identifiers are required; reference lists may be amended as of right and apply to civil and criminal cases.

Source text: If a party needs to file a document containing the full and complete personal data identifiers listed above, that party may, a. file an un redacted version of the document under seal with the following heading "SEALED DOCUMENT PURSUANT TO E-GOVERNMENT ACT OF 2002"; or b. file a reference list under seal with the same heading as above. The reference list shall contain the complete personal data identifier(s) and the redacted identifier(s) used in its (their) place in the filing. All references in the case to the redacted identifiers included in the reference list will be construed to refer to the corresponding complete personal data identifier. The reference list must be filed under seal, and may be amended as of right. The unredacted version ofthe document or the reference list shall be retained by the court as part of the record. The reference list is intended to serve as a type of "key." For example, if an individual's full Social Security Number is 123-45-6789, the list would include the complete number with the corresponding partially redacted number of XXX-XX-6789, which would be used in future filings. This is beneficial to the court and the clerk's office because it eliminates the filing of two versions of a document--one unredacted (and automatically under seal) and one redacted. The listing can be filed in civil and criminal cases.

Clerk's office shall not provide public access to Non-Public records or sealed documents absent a court order.

Source text: In order to further comply with the Judicial Conference Policy, in addition to items listed in paragraphs a. through e., the clerk's office shall not, absent an order of the court, provide public access (electronically or at the courthouse) to records determined by the Judicial Conference to be "Non-Public" (e.g., unexecuted criminal summonses and warrants of any kind; documents containing identifying information about jurors or potential jurors; juvenile records; financial affidavits; etc.), as well as sealed documents.

Discovery cannot be withheld for confidentiality without court order.

Source text: Discovery may not be withheld on the basis of confidentiality absent a Court order.

Patent cases presumptively require protective order for confidential information.

Source text: Because the Court finds that any patent case is likely to involve production of confidential, sensitive, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted, the Confidentiality and Protective Order available as Appendix H-1 to the Local Rules of the United States District

Compliance with Fed. R. Civ. P. 5.2 regarding redaction of certain material is mandatory.

Source text: Counsel are reminded that, with regard to any paper that is filed, compliance with Fed. R. Civ. P. 5.2 is mandatory. Accordingly, counsel should ensure that appropriate redactions are made.

Parties must meet and confer before filing a motion to seal; motion must certify compliance.

Source text: 14. Requirement to confer before requesting sealing. The parties are required to meet and confer prior to filing a motion to seal documents. All motions to seal information that has been designated as confidential, whether by a party or non-party to the action, must include language certifying that the meet and confer requirement has been met.

Redacted public version required within 7 days for sealed motions/pleadings

Source text: The filing party shall file a publicly available, redacted version of any motion or pleading filed under seal within seven days.

Redacted version of sealed orders must be emailed within 7 days

Source text: The movant shall email a redacted version of the Court's sealed order for publication within seven days after the Court enters the sealed order.

Parties must coordinate on redactions for publicly available versions

Source text: The parties shall coordinate to make sure that the publicly available version redacts information that any party deems confidential.

Publicly available versions must be labeled 'PUBLIC VERSION'

Source text: The publicly available version shall be labeled 'PUBLIC VERSION.'

Parties should exercise caution when filing documents containing sensitive information including driver's license numbers, medical records, trade secrets, and national security information.

Source text: In addition, parties should exercise caution when filing documents that contain the following: 1. any personal identifying number, such as driver's license number; 2. medical records, treatment and diagnosis; 3. employment history; 4. individual financial information; 5. proprietary or trade secret information; 6. information regarding an individual's cooperation with the government; 7. information regarding the victim of any criminal activity; 8. national security information; and 9. sensitive security information as described in 49 U.S.c. Sec. 114(s).

Clerk's office will not review filings for redaction compliance; counsel and parties are solely responsible for compliance.

Source text: The Office of the Clerk will not review filings for compliance with this rule requiring redaction of personal data identifiers. Counsel is strongly urged to share this notice and privacy policy with all clients so that an informed decision about the inclusion of certain materials may be made. If a redacted document is filed, it is the sole responsibility of counsel and the parties to ensure that all documents and pleadings comply with the rules of this court requiring redaction of personal data identifiers.

Sealing discouraged; redaction preferred; leave of court required for sealed filings.

Source text: The Court disfavors motions to maintain filings under seal, and the Court expects parties to draft such submissions in a manner that does not disclose confidential information. W.D. Tex. Civ. R. 5.2(b). Proper redaction is preferable to sealing a case or a particular filing. Even when filing a document under seal may be warranted, it is better for the sealed document to be an exhibit rather than the entire filing. If a party wishes to file a pleading, motion, or exhibit under seal, the party must first obtain leave of court by motion with citation to authority supporting the filing under seal. The item will be admitted under seal if the Court deems such filing to be necessary.

Sealing filings is disfavored; redaction preferred; court approval required for sealing.

Source text: The Court disfavors motions to maintain filings under seal, and the Court expects parties to draft such submissions in a manner that does not disclose confidential information. W.D. Tex. Civ. R. 5.2(b). Proper redaction is preferable to sealing a case or a particular filing. Even when filing a document under seal may be warranted, it is better for the sealed document to be an exhibit rather than the entire filing. If a party wishes to file a pleading, motion, or exhibit under seal, the party must first obtain leave of court by motion with citation to authority supporting the filing under seal. The item will be admitted under seal if the court deems such filing to be necessary.

Sealing requires motion with authority; redaction preferred over sealing.

Source text: Generally, the Court disfavors motions to maintain filings under seal and expects parties to draft such submissions in a manner that does not disclose confidential information. W.D. Tex. R. CV-5.2(b). Redaction is preferable to sealing a case or a particular filing. Even when filing a document under seal may be warranted, it is better for the sealed document to be an exhibit rather than the entire filing. If a party wishes to file a pleading, motion, or exhibit under seal, the party must first obtain leave of court by motion with citations to authority in support of filing under seal. The item will be admitted under seal if the court deems such filing to be necessary.

Non-confidential exhibits should not be filed under seal

Source text: Exhibits that are nonconfidential in their entirety should not be filed under seal at all.

Redactions must be narrowly targeted to confidential information only

Source text: Redactions should be targeted to redact only that information.

Redacted versions not required for exhibits to sealed documents

Source text: The parties need not file redacted versions of exhibits to such documents.

Cooperation on redactions does not constitute agreement on confidentiality

Source text: Cooperating to file the publicly available version shall not be deemed as agreeing that the redacted information is confidential.