Western District of Washington Sealing & Redaction Procedures

CRITICAL

The ECF event for sealing motions allows filing under seal without prior approval; sealed documents must be docketed separately but simultaneously.

The designated ECF event for the motion to file under seal will permit documents to be filed under seal without prior court approval pending the court’s ruling on the motion to seal. The document(s) sought to be sealed shall be electronically docketed separately from but simultaneously with the motion to file under seal.

CRITICAL

To remove protected private information, file a motion to redact; clerk temporarily blocks access; if granted, within 7 days the filing party must file a redacted version, and the clerk permanently blocks the original.

If a document is filed which discloses protected private information, a party seeking to protect the private information on the publicly-accessed electronic docket may file a motion (See Local Bankruptcy Rule 9013-1) seeking to have the document redacted. Upon receipt of such a motion, the clerk shall temporarily block public access to the document at issue pending the court’s determination of the motion. If the motion is granted, then within 7 days of the entry of the order granting the motion, the party who filed the original unredacted document will be responsible for filing a redacted version of the document. When the new redacted document is filed, the clerk shall permanently block public access to the original unredacted version.

CRITICAL

If a motion to seal is denied, the document stays sealed and is not considered; to be considered, it must be re-filed using a nonrestricted ECF event.

If a motion to file under seal is denied, the document filed under seal will remain under seal and shall not be considered by the court for any purpose. If the filer subsequently wishes to have the document considered by the court, the document must be re-filed using a nonrestricted ECF docket event.

CRITICALCivil cases

Personal data identifiers must be redacted per LCR 5.2(a) requirements.

Pursuant to LCR 5.2(a), parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all documents filed with the Court or used as exhibits in any hearing or at trial, unless otherwise ordered by the Court: • Dates of Birth − redact to the year of birth, unless deceased. • Names of Minor Children − redact to the initials, unless deceased or currently over the age of 18. • Social Security or Taxpayer Identification Numbers − redact in their entirety. • Financial Accounting Information − redact to the last four digits. • Passport Numbers and Driver License Numbers − redact in their entirety.

CRITICALCivil cases

Parties must redact personal data identifiers from filings and exhibits per LCR 5.2(a).

Pursuant to LCR 5.2(a), parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all documents filed with the Court or used as exhibits in any hearing or at trial, unless otherwise ordered by the Court: Dates of Birth − redact to the year of birth, unless deceased. Names of Minor Children − redact to the initials, unless deceased or currently over the age of 18. Social Security or Taxpayer Identification Numbers − redact in their entirety. Financial Accounting Information − redact to the last four digits. Passport Numbers and Driver License Numbers − redact in their entirety.

CRITICALCivil cases

In camera review requires electronic copy to Courtroom Deputy and physical copy to chambers, clearly marked.

If the Court orders a party to submit documents for in camera review, the party shall send an electronic copy of the documents to Courtroom Deputy Diyana Staples at Diyana_Staples@wawd.uscourts.gov. The party shall also deliver a physical copy of the documents to chambers, clearly marked for in camera review to avoid inadvertent filing on the docket.

CRITICALCivil cases

Parties must redact specified personal data identifiers from all filed documents and exhibits, with specific redaction rules per identifier type.

Pursuant to LCR 5.2(a), parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all documents filed with the Court or used as exhibits in any hearing or at trial, unless otherwise ordered by the Court: • Dates of Birth − redact to the year of birth, unless deceased. • Names of Minor Children − redact to the initials, unless deceased or currently over the age of 18. • Social Security or Taxpayer Identification Numbers − redact in their entirety. • Financial Accounting Information − redact to the last four digits. • Passport Numbers and Driver License Numbers − redact in their entirety. Parties in social security appeals and immigration cases shall comply with LCR 5.2(c).

CRITICAL

Strict compliance with Local Rule 5(g) required for motions to seal.

The Court expects strict compliance with LCR 5(g).

CRITICAL

The rule on exclusion (sequestration) of witnesses will be in effect throughout the trial until the time of closing arguments and instructions.

The rule on exclusion (sequestration) of witnesses will be in effect throughout the trial until the time of closing arguments and instructions.

CRITICAL

Filings under seal are only permitted if the moving party demonstrates good cause (non-dispositive motions) or compelling reasons (dispositive/merits-related/operative complaint information); party designation as confidential or stipulation is insufficient, and the Court determines sealing.

It is the Court, not the Parties, that determines whether a document can be filed under seal. The Court will only permit filings under seal if the Party seeking to seal the information demonstrates why the public’s traditional right of access to court documents and the public policies favoring disclosure are outweighed by good cause (if the motion is not case-dispositive) or compelling reasons (if the motion is case-dispositive or otherwise more than tangentially related to the merits of the case, or the information is included in the operative complaint) that support keeping the information under seal. The fact that a Party has designated a particular document “Confidential,” or that the Parties have stipulated it as such (or the opposing Party has not opposed the designation), is not sufficient to establish good cause or to demonstrate that compelling reasons exist to seal that document.

CRITICALCivil cases

For in camera review, send electronic copy to Mary Trent; if over 50 pages, also deliver physical copy to Tacoma Clerk's Office.

If the Court orders a party to submit documents for in camera review, the party shall send an electronic copy of the documents to Courtroom Deputy Mary Trent at Mary_Trent@wawd.uscourts.gov. If the document is longer than 50 pages, the party shall also deliver a physical copy of the documents to the Tacoma Clerk's Office, clearly marked for in camera review to avoid inadvertent filing on the docket.

CRITICALCriminal cases

7-day notice required when filing documents claimed as confidential by other parties.

If a party seeks to file a document that another party claims is confidential, the party seeking to file the document shall give at least 7 days notice to the other parties so a motion to seal may be prepared and filed at the same time the document is submitted.

CRITICALCriminal cases

Counsel must advise Court on disposition of confidential matters if sealing request is denied.

Counsel shall advise the Court of the requested disposition of confidential matters in the event the Court denies a request to seal (e.g., should the information be removed from the docket rather than be unsealed).

CRITICALCriminal cases

Motion to seal must be filed before or with the document to be sealed if parties cannot agree.

If counsel cannot agree, then a properly noted motion to seal must be filed prior to or contemporaneously with the document to be sealed.

CRITICALCriminal cases

Motions to seal must comply with Local Rule CR 5(g) and include specific descriptions, facts justifying sealing, and a proposed order.

Parties moving to file documents under seal must comply with Local Rule CR 5(g). All motions to seal, including stipulated motions, must describe with specificity the documents sought to be protected, provide facts justifying sealing, and include a proposed order.

CRITICALCivil cases

Motion to seal must include meet-and-confer certification with date, manner, and participants.

(3) A motion to seal a document, even if it is a stipulated motion, must include the following: (A) A certification that the party has met and conferred with all other parties in an attempt to reach agreement on the need to file the document under seal, to minimize the amount of material filed under seal, and to explore redaction and other alternatives to filing under seal; this certification must list the date, manner, and participants of the conference;

CRITICALCivil cases

Motions, oppositions, and replies should rarely be sealed; if necessary, file redacted version publicly and unredacted version under seal with motion to seal.

(5) Only in rare circumstances should a party file a motion, opposition, or reply under seal. A party who cannot avoid including confidential information in a motion, opposition, or reply must follow this procedure: (A) The party shall redact the confidential information from the motion, opposition, or reply and publicly file the redacted motion, opposition, or reply; and (B) The party shall file the unredacted motion, opposition, or reply under seal, accompanied by a motion or stipulated motion to seal the unredacted motion, opposition, or reply in compliance with part (3) above.

CRITICALCivil cases

Parties must redact sensitive information unless filing under seal is unavoidable.

(B) Parties must protect sensitive information by redacting sensitive information (including, but not limited to, the mandatory redactions of LCR 5.2) that the court does not need to consider. A party who cannot avoid filing a document under seal must comply with the remainder of this rule.

CRITICALCivil cases

Sealed documents must be marked “FILED UNDER SEAL” on the first page.

A party filing a document under seal shall prominently mark its first page with the phrase “FILED UNDER SEAL.”

CRITICAL

Court filings, including complaint exhibits and attachments, must replace specified personal information with abbreviated identifying information.

Under Federal Rule of Civil Procedure 5.2, papers filed with the court, including exhibits or attachments to a complaint, may not contain certain information, which must be modified as follows: Do not include: Instead, use: • a full social security number  the last four digits • a full birth date  the birth year • the full name of a minor  the minor’s initials • a complete financial account number  the last four digits

CRITICALCivil cases

Redact dates of birth to year only, unless deceased.

(1) Dates of Birth - redact to the year of birth, unless deceased

CRITICALCivil cases

Parties must redact personal data identifiers from all filings and exhibits.

Parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all documents filed with the court or used as exhibits in any hearing or at trial, to include state court records filed in removal actions, unless otherwise ordered by the court:

CRITICALCivil cases

Paper copies of sealed documents must be in envelope marked with case caption and “FILED UNDER SEAL.”

(9) When a party files a paper copy of a sealed document, the party shall seal the document in an envelope marked with the case caption and the phrase “FILED UNDER SEAL.” This requirement applies to pro se parties and others who are exempt from mandatory electronic filing and to parties submitting courtesy copies.

CRITICALCivil cases

Documents may be filed under seal only with statutory authorization or by filing a motion to seal simultaneously.

(2) A party may file a document under seal in only two circumstances: (A) If a statute, rule, or prior court order expressly authorizes the party to file the document under seal; or (B) If the party files a motion or stipulated motion to seal the document before or at the same time the party files the sealed document. Filing a motion or stipulated motion to seal permits the party to file the document under seal without prior court approval pending the court’s ruling on the motion to seal. The document will be kept under seal until the court determines whether it should remain sealed.

CRITICALCivil cases

(15) Sealing of Award. The contents of any arbitration award shall not be made known to any judge who might be assigned to the case:

(15) Sealing of Award. The contents of any arbitration award shall not be made known to any judge who might be assigned to the case:

CRITICALCivil cases

Social Security and immigration cases require sealed administrative records.

Unless the court orders otherwise, in an action for benefits under the Social Security Act and in an immigration action or proceeding relating to an order of removal, to relief from removal, or to immigration benefits or detention, the administrative record must be filed under seal, and the court will maintain it under seal.

CRITICALCivil cases

Redact passport and driver license numbers in their entirety.

(5) Passport Numbers and Driver License Numbers - redact in their entirety

CRITICALCivil cases

Motion to seal must explain legal standard, interests, injury, and why alternatives are insufficient.

(3) A motion to seal a document, even if it is a stipulated motion, must include the following: (B) A specific statement of the applicable legal standard and the reasons for keeping a document under seal, including an explanation of: i. the legitimate private or public interests that warrant the relief sought; ii. the injury that will result if the relief sought is not granted; and iii. why a less restrictive alternative to the relief sought is not sufficient

CRITICALCivil cases

Minimize sealed documents; exhibits must be filed separately with placeholder page.

(4) A party must minimize the number of documents it files under seal and the length of each document it files under seal. Where the document to be sealed is an exhibit to a document filed electronically, an otherwise blank page reading “EXHIBIT __ FILED UNDER SEAL” shall replace the exhibit in the document filed without sealing, and the exhibit to be filed under seal shall be filed as a separate sealed docket entry.

CRITICALCivil cases

Redact minor children's names to initials, unless deceased or over 18.

(2) Names of Minor Children - redact to the initials, unless deceased or currently over the age of 18

CRITICALCivil cases

(15) Sealing of Award. The contents of any arbitration award shall not be made known to any judge who might be assigned to the case: (A) except as necessary for the court to determine whether to assess costs of attorney’s fees; (B) until the district court has entered final judgment in the action or the action has been otherwise terminated; or (C) except for purposes of preparing required reports.

(15) Sealing of Award. The contents of any arbitration award shall not be made known to any judge who might be assigned to the case: (A) except as necessary for the court to determine whether to assess costs of attorney’s fees; (B) until the district court has entered final judgment in the action or the action has been otherwise terminated; or (C) except for purposes of preparing required reports.

CRITICALCivil cases

Redact SSNs and TINs in their entirety.

(3) Social Security Numbers and Taxpayer-Identification Numbers- redact in their entirety

CRITICALCivil cases

Redact financial accounting information to last four digits.

(4) Financial Accounting Information - redact to the last four digits

CRITICALCivil cases

Excerpts of sealed records must be redacted or filed under seal.

A party filing any excerpt of the record separately must redact all personal information in accordance with LCR 5.2(a) or move to file the document under seal in accordance with LCR 5(g).

CRITICAL

Personal identifiers must be redacted before filing per LCR 5.2(a), with specific redaction rules for dates of birth, minor children's names, SSNs, financial accounts, and other sensitive information.

Documents with personal identifiers must be redacted (blacked out) or removed before they are filed, as established by LCR 5.2(a). • Dates of birth (redact to year of birth) • Names of minor children under 18 (redact to initials) • Social security numbers (remove entirely) • Financial account numbers (redact to last four digits) • Taxpayer identification numbers (remove entirely) • Passport ID numbers (remove entirely) • Driver license numbers (remove entirely)

CRITICAL

Sealed documents require a Motion to Seal with proposed order and supporting declaration/affidavit.

If you are filing a document that you want sealed from public view, you must first seek permission from the judge. The request must be submitted in the form of a “ Motion to Seal” and include a proposed order and declaration or affidavit supporting your motion.

CRITICAL

Sealed documents must be submitted in person or by mail, not electronically.

Sealed documents cannot be electronically filed and must be submitted in person or through the mail, as established by LCR 5(g)(9).

CRITICAL

Personal identifiers must be redacted or removed before filing.

Documents with personal identifiers must be redacted (blacked out) or removed before they are filed, as established by LCR 5.2(a).

CRITICAL

A Motion to Seal with proposed order and declaration/affidavit is required to file sealed documents.

If you are filing a document that you want sealed from public view, you must first seek permission from the judge. The request must be submitted in the form of a " Motion to Seal" and include a proposed order and declaration or affidavit supporting your motion.

CRITICAL

Sealed documents must be filed in person or by mail, not electronically.

Sealed documents cannot be electronically filed and must be submitted in person or through the mail, as established by LCR 5(g)(9).

CRITICAL

Sealed documents must be in an envelope marked with caption, case number, and "FILED UNDER SEAL", delivered in person to the Clerk's Office.

The rule regarding the presentation of sealed documents are established by LCR 5(g)(3). The document(s) must be presented in a sealed envelope with the caption, case number and phrase, "FILED UNDER SEAL" on the front of the envelope. The envelope must be delivered in person to the Clerk's Office.

CRITICAL

Sealed documents cannot be accessed by anyone without a granted motion to unseal.

Once a document is filed under seal, no one, including the party who filed the document(s), can access, retrieve, review, or print the document unless a motion to unseal is granted by the judge, as established by LCR 5(g)(8).

CRITICAL

Sealed documents must be in a sealed envelope marked with case info and delivered in person to Clerk’s Office.

The document(s) must be presented in a sealed envelope with the caption, case number and phrase, “FILED UNDER SEAL” on the front of the envelope. The envelope must be delivered in person to the Clerk’s Office.

CRITICALCivil cases

A party seeking to file a document under seal must explore all alternatives first.

A party must explore all alternatives to filing a document under seal.

CRITICALCivil cases

Confidential documents cannot be filed under seal without a motion requesting leave of Court.

This confidentiality restriction shall apply only between the parties, and does not entitle such documents or information to be filed under seal without leave of Court.

CRITICALCriminal cases

Thirteen categories of documents must be filed under seal with access limited to court staff, including grand jury matters, pretrial services reports, financial affidavits, cooperation materials, presentence reports, and others.

If the following matters or items are filed, they shall be filed under seal, with access provided only to court staff: (1) grand jury matters; (2) pretrial services reports and recommendations; (3) petitions for warrant, until the defendant appears on the petition; (4) financial affidavits in support of motions for appointment of counsel; (5) materials relating to motions for leave to withdraw as counsel; (6) psychological or psychiatric reports; (7) lists of prospective or seated jurors; (8) transcripts of voir dire; (9) materials relating to a defendant’s cooperation, e.g. U.S.S.G. § 5K1.1, 18 U.S.C. § 3553(e) memos, or Fed. R. Crim. P. 35(b), and supporting documents may be filed electronically via CM/ECF pursuant to General Order 12-23 of this court so they do not appear on the publicly available docket. These materials must be served on the opposing party via traditional means; (10) release status reports; (11) final presentence reports and recommendations; (12) the judge’s statement of reasons for the sentence imposed; and (13) documents received from a defendant who is represented by counsel may be forwarded to counsel or filed under seal, pending review by and specific order of the court. Pro se motions to disqualify counsel should ordinarily be filed under seal and ex parte.

CRITICALCivil cases

A separately filed excerpt of an administrative record must redact all personal information under LCR 5.2(a) or be the subject of a motion to file it under seal.

A party filing any excerpt of the record separately must redact all personal information in accordance with LCR 5.2(a) or move to file the document under seal in accordance with LCR 5(g).

CRITICALCivil cases

A document may be filed under seal only when expressly authorized by statute, rule, or prior order, or when a motion or stipulated motion to seal is filed before or at the same time.

A party may file a document under seal in only two circumstances: (A) If a statute, rule, or prior court order expressly authorizes the party to file the document under seal; or (B) If the party files a motion or stipulated motion to seal the document before or at the same time the party files the sealed document.

CRITICALCivil cases

Parties must omit or partially redact specified personal identifiers from court filings and hearing or trial exhibits, subject to stated exceptions and court orders.

Parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all documents filed with the court or used as exhibits in any hearing or at trial, to include state court records filed in removal actions, unless otherwise ordered by the court: (1) Dates of Birth - redact to the year of birth, unless deceased (2) Names of Minor Children - redact to the initials, unless deceased or currently over the age of 18 (3) Social Security Numbers and Taxpayer-Identification Numbers- redact in their entirety (4) Financial Accounting Information - redact to the last four digits (5) Passport Numbers and Driver License Numbers - redact in their entirety

CRITICALCriminal cases

Section 5K1.1 motion and supporting written statement must be filed under seal at least 14 days before sentencing.

If the government intends to file a § 5K1.1 motion for substantial assistance, the motion must be served on all counsel and filed under seal at least fourteen days prior to sentencing. In such event, the government must also serve and file under seal a written statement of the nature and extent of the defendant's cooperation.