Western District of Washington Sealing & Redaction Procedures

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

Source text: 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.

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

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

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

Source text: 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).

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

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

Witness sequestration rule applies throughout trial until closing arguments.

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

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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).

Redact SSNs and TINs in their entirety.

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

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

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

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

Source text: (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.

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

Source text: (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.

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

Source text: (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;

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

Source text: (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

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

Source text: (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.

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

Source text: (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.

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

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

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

Source text: (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.

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

Source text: 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:

Redact dates of birth to year only, unless deceased.

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

Redact financial accounting information to last four digits.

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

Redact passport and driver license numbers in their entirety.

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

Social Security and immigration cases require sealed administrative records.

Source text: 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.

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

Source text: 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).

Arbitration awards must be sealed from judges until final judgment.

Source text: (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:

Arbitration awards must be sealed from judges except for cost assessment, final judgment, or required reports.

Source text: (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.

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

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

Personal identifiers must be redacted or removed before filing.

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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).

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.

Source text: 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)

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

Source text: 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.

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

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

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

Source text: 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.

All settlement communications are confidential and not admissible for other purposes.

Source text: To encourage open communication, the Court orders that all matters communicated in connection with this judicial settlement are confidential and not to be used for any other purpose.

Personal identifying information must be redacted from all filings

Source text: Remember that you must remove certain personal identifying information in all papers filed with the Court. This includes dates of birth, names of minor children, social security numbers, financial account numbers, passport and driver license numbers.

Denied motions to seal result in unsealing unless withdrawal is requested; withdrawn documents cannot be referenced.

Source text: (6) When the court denies a motion to seal, the clerk will unseal the document unless (1) the court orders otherwise, or (2) the party who is relying on the sealed document requests in the motion to seal or response that, if the motion to seal is denied, the court withdraw the document from the record rather than unseal it. If a document is withdrawn on this basis, the parties shall not refer to it in any pleadings, motions or other filings, and the court will not consider it.

Denied motions to seal result in document unsealing, with option to withdraw from record.

Source text: If the judge denies your motion to seal, the clerk will unseal the document. In addition, the party who is relying on the sealed document may also request that the court withdraw the document from the record rather than unseal it, as established by LCR 5(g)(6).

Counsel must avoid eliciting personal identifiers; may request redaction if inadvertently disclosed.

Source text: Counsel are advised to avoid eliciting witnesses' personal identifiers such as social security numbers, financial account information, names of minor children, dates of birth and home addresses. If such information inadvertently becomes part of the record, counsel may request redaction of such items.

Avoid eliciting personal identifiers from witnesses; redaction available if inadvertently disclosed

Source text: Counsel are advised to avoid eliciting witnesses' personal identifiers such as social security numbers, financial account information, names of minor children, dates of birth and home addresses. If such information inadvertently becomes part of the record, counsel may request redaction of such items.

Guide available for redacting sensitive information from documents.

Source text: For a helpful guide on properly redacting sensitive information from documents (including redactions required under FRCP and LCR 5.2(a)), see https://www.cand.uscourts.gov/cases-e-filing/cm-ecf/preparing-my-filing/redaction-of-information/.

Court considers trial evidence, including confidential materials, to be public record unless otherwise determined.

Source text: The Court generally considers all evidence presented at trial, including confidential materials, to be matters of public record. Although the parties may move or stipulate to maintaining as confidential any sealed information used at trial, the Court retains the authority to determine what evidence should be part of the public record.

Magistrate judges can order sealing/unsealing of documents by the clerk.

Source text: (n) Have authority to order the sealing and unsealing of documents by the clerk of the court;

Sealed documents remain sealed until further court order.

Source text: (7) When a court grants a motion to seal or otherwise permits a document to remain under seal, the document will remain under seal until further order of the court.

Parties or non-parties may file motions to unseal sealed documents.

Source text: (8) Parties may file a motion or stipulated motion requesting that the court unseal a document. A non-party seeking access to a sealed document may intervene in a case for the purpose of filing a motion to unseal the document.

Sealed document procedures section begins

Source text: Sealed documents .............................................................................................. 34

Sealed documents remain sealed until further court order.

Source text: If the judge grants your motion to seal or permits a document to remain under seal, the document will remain sealed until further order of the court, as established by LCR 5(g)(7).

Counsel should avoid eliciting personal identifiers from witnesses; if inadvertently recorded, redaction may be requested.

Source text: Examinations: Counsel are advised to avoid eliciting witnesses' personal identifiers such as social security numbers, financial account information, names of minor children, dates of birth and home addresses. If such information inadvertently becomes part of the record, counsel may request redaction of such items.