Western District of Washington Sealing & Redaction Procedures

CRITICALCivil cases

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

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.

CRITICALCivil cases

Before seeking to seal a discovery document designated confidential by another party, the parties must meet and confer about withdrawing the designation or redacting the document.

If the party seeks to file the document under seal because another party has designated it as confidential during discovery, the filing party and the designating party must meet and confer to determine whether the designating party will withdraw the confidential designation or will agree to redact the document so that sealing is unnecessary.

CRITICALCriminal cases

Violation memos for probation/supervised release violations are court-only documents and not publicly accessible.

Violation memos for both warrant petitions and summons petitions remain court-only documents and are not available to the public.

CRITICALCivil cases

For an electronically filed document containing a sealed exhibit, replace the exhibit in the public filing with a blank page marked “EXHIBIT __ FILED UNDER SEAL” and file the exhibit as a separate sealed docket entry.

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

Parties must redact sensitive information the court need not consider, and a party unable to avoid sealing must follow the rest of the sealing rule.

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

If the court withdraws a document instead of unsealing it, parties must not refer to it in filings and the court will not consider 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If a document is withdrawn on this basis, the parties shall not refer to it in any pleadings, motions or other filings, and the court will not consider it.

CRITICALCivil casesProposed or draft document; may not be in force

Confidential documents or information may not be filed under seal without 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

Warrant petitions for probation/supervised release violations are filed under seal and unsealed upon defendant's initial appearance.

Probation or supervised release violation petitions for warrants are filed under seal and remain sealed pending the defendant’s court appearance. Upon a defendant’s initial appearance for the violation(s), the petition is unsealed and made publicly accessible.

CRITICALCivil cases

After filing a motion to seal, a party may file the document under seal without prior approval, and it remains sealed until the court rules.

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.

CRITICALCriminal cases

Parties must file a motion to seal before or simultaneously with filing materials not in the presumptively sealed categories, including a specific statement of the legal standard and reasons.

If a party wishes to file under seal materials other than those enumerated above, a motion or stipulated motion to seal must be made or filed before or at the same time the party files the sealed materials. The motion should set forth a specific statement of the applicable legal standard and the reasons for keeping a document under seal, with evidentiary support from declarations when necessary.

CRITICALCivil cases

A declaration to be sealed must be filed as a separate sealed docket entry.

Where the document to be sealed is a declaration, the declaration shall be filed as a separate sealed docket entry.

CRITICALCivil cases

Filing a motion, opposition, or reply under seal should occur only in rare circumstances; if confidential information cannot be avoided, publicly file a redacted version and file the unredacted version under seal with a motion or stipulated 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

A paper copy of a sealed document must be enclosed in a sealed envelope marked with the 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.”

CRITICALCivil cases

Administrative records in the specified Social Security and immigration matters must be filed and maintained under seal unless the court orders otherwise.

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

The sealed-envelope marking requirement also applies to pro se parties, others exempt from mandatory e-filing, and parties submitting courtesy copies.

This requirement applies to pro se parties and others who are exempt from mandatory electronic filing and to parties submitting courtesy copies.

CRITICALCriminal cases

Grand Jury motions and related papers may be filed under seal without judicial authorization.

The Clerk’s office shall accept for filing under seal without the need for further judicial authorization all motions and accompanying papers designated by counsel as related to Grand Jury matters.

CRITICALCriminal cases

Grand Jury motions practice must be accorded secrecy protections under Fed. R. Crim. P. 6(e).

Motions practice in connection with Grand Jury proceedings and process issued in aid of such proceedings shall be accorded the secrecy protections as set forth in Fed. R. Crim. P. 6(e).

CRITICALCivil cases

Parties must minimize both the number and length of documents filed under seal.

A party must minimize the number of documents it files under seal and the length of each document it files under seal.

CRITICALCivil cases

A party seeking to seal information must show that the public’s access rights and disclosure policies are outweighed by good cause for non-case-dispositive motions or compelling reasons for case-dispositive motions or information in the operative complaint.

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 the information is included in the operative complaint) that support keeping the information under seal.

CRITICALCivil cases

The Court expects strict compliance with Local Civil Rule 5(g).

Judge Jones expects strict compliance with Local Civil Rule 5(g).

CRITICALCivil cases

The parties are expected to comply with applicable Ninth Circuit law when seeking to seal documents.

The Court expects the parties to comply with applicable Ninth Circuit law regarding the sealing of any documents.

WARNING

If the document to be filed under seal is an exhibit to another document, an otherwise blank page should be inserted into the openly filed document reading "Exhibit __: FILED UNDER SEAL".

If the document to be filed under seal is an exhibit to another document, an otherwise blank page should be inserted into the openly filed document reading "Exhibit __: FILED UNDER SEAL".

WARNING

Non-ECF participants may submit sealing motions and documents on paper per Local Bankruptcy Rule 5005-2.

Parties who are not ECF participants may submit a motion to file under seal and the documents sought to be filed under seal on paper, in accordance with Local Bankruptcy Rule 5005-2.

WARNING

Access to sealed documents is limited to the filer, assigned chambers, and IT staff, unless otherwise ordered or provided by statute.

Except as provided under 11 U.S.C. §§107(c)(2) and (3) or otherwise ordered by the court, only the filer, members of the judicial chambers assigned to the particular case, and the court’s Information Technology staff shall have access to the sealed document.

WARNING

If the motion to seal itself contains sensitive material, the party must still file a motion to seal and then file the sealed document using a designated ECF event.

In the rare circumstance that the motion to seal, or the opposition, reply, or declarations in support, if any, must be filed under seal, the filing party must still prepare and file a motion to file the pleading under seal, then file the motion, opposition, reply or declaration as a sealed document using a designated ECF event.

WARNING

Paper documents for sealing must be delivered to the Clerk in an envelope marked "SEALED DOCUMENT" with case caption and number.

A document on paper sought to be sealed shall be presented to the Clerk in an envelope with the case caption, case number, and "SEALED DOCUMENT" clearly marked on the outside of the envelope.

WARNING

There is a strong presumption of public access to the court’s records. This rule applies in all instances where a party seeks to overcome that presumption by filing a document under seal, thereby denying public access to that document. Alternatives to filing a document under seal are to be considered, including considering whether the document could be filed in a redacted version to address secrecy, privacy or confidentiality concerns while still providing the relevant information. See Fed. R. Bankr. P. 9037.

There is a strong presumption of public access to the court’s records. This rule applies in all instances where a party seeks to overcome that presumption by filing a document under seal, thereby denying public access to that document. Alternatives to filing a document under seal are to be considered, including considering whether the document could be filed in a redacted version to address secrecy, privacy or confidentiality concerns while still providing the relevant information. See Fed. R. Bankr. P. 9037.

WARNINGCivil cases

Evidence presented at trial, including confidential materials, is generally considered public record; parties may seek continued confidentiality, but the Court decides what becomes part of the public record.

The Court generally considers all evidence presented at trial, including confiden�al materials, to be maters of public record. Although the par�es may move or s�pulate to maintaining as confiden�al any sealed informa�on used at trial, the Court retains the authority to determine what evidence should be part of the public record.

WARNING

Personal identifying information must be redacted from all filings

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.

WARNINGCivil cases

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

(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.

WARNING

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

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).

WARNINGCivil cases

Parties may submit a stipulated protective order for qualifying information, but it must satisfy the stated safeguards and does not presumptively authorize sealed filings.

Parties may file a proposed stipulated protective order to protect confidential, proprietary, or private information that warrants special protection. The court may enter a proposed stipulated protective order as an order of the court if it adequately and specifically describes the justification for such an order, it is consistent with court rules, it does not purport to confer blanket protection on all disclosures or responses to discovery, its protection from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles, and it does not presumptively entitle the parties to file confidential information under seal.

WARNINGCriminal cases

Sentencing recommendations for probation/supervised release are not to be disclosed to outside agencies except government and defense counsel.

Except for the government and defense counsel, copies of the probation or supervised release sentencing recommendation are not for disclosure to outside agencies.

WARNINGCriminal cases

Government may redact witness names for safety concerns but must still identify total number of witnesses.

Where reasonable and articulable witness safety concerns are present, the government may redact the names of witnesses for whom such concerns are presented, while still identifying the number of witnesses, both named and redacted on its list.

WARNINGCriminal cases

When a motion to seal is denied, the document will be unsealed unless the party requests withdrawal; withdrawn documents cannot be referenced or considered.

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.

WARNINGCivil cases

A document remains sealed after the court grants a motion to seal or otherwise permits it to remain sealed, until further court order.

(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.

WARNINGCivil cases

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.

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.

WARNINGCriminal cases

Violation memos provided to agencies remain confidential court documents under continuing court control.

Each copy of a probation or supervised release violation memo which this court has or does make available to the United States Parole Commission, the Bureau of Prisons, the United States Sentencing Commission or any other agency for any reason whatever constitutes a confidential court document and shall be presumed to remain under the continuing control of the court during the time that such violation memo is in the temporary custody of any of these agencies.

WARNINGCivil cases

After denial of a motion to seal, the clerk will unseal the document unless the court orders otherwise or the relying party requested withdrawal rather than unsealing in its motion or response.

(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.

WARNINGCriminal cases

Juror names are confidential; disclosure to public/media requires court order; transcripts with juror names restricted from remote access; counsel cannot release jury list or voir dire transcript to defendant without court order.

Names of trial jurors shall not be disclosed to the public or media outside open court, except upon order of the court. A request for disclosure of petit juror names to the public or media must be made to the presiding judge. Juror names which may be part of a transcript of court proceedings will be restricted from remote electronic public access. Counsel may not release a jury list or a transcript of voir dire to a defendant except upon order of the court.

WARNINGCivil cases

For discovery documents covered by a litigation agreement or stipulated protective order, the filing party need not meet the substantive requirements of subpart (3)(B); the designating party must meet them in its response or a stipulated motion.

Where parties have entered a litigation agreement or stipulated protective order (see LCR 26(c)(2)) governing the exchange in discovery of documents that a party deems confidential, a party wishing to file a confidential document it obtained from another party in discovery may file a motion to seal but need not satisfy subpart (3)(B) above. Instead, the party who designated the document confidential must satisfy subpart (3)(B) in its response to the motion to seal or in a stipulated motion.

WARNINGCivil cases

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

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.

WARNINGCivil cases

A party’s “Confidential” designation alone does not establish good cause or compelling reasons to seal a document.

The fact that a party has designated a particular document “Confidential” is not sufficient to convince the Court that good cause or compelling reasons exist to seal that document.

WARNINGCivil cases

The parties’ agreement to seal documents is not, by itself, sufficient.

An agreement between the parties to seal documents is not sufficient.

WARNINGCivil cases

The Court, rather than the parties, decides whether a document may be filed under seal.

It is the Court, not the parties, that determines whether a document can be filed under seal.

INFO

Guide available for redacting sensitive information from documents.

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/.

INFOCriminal cases

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

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.

INFO

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

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

INFOCivil cases

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

(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.

INFOCivil cases

Sealed documents remain sealed until further court order.

(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.