Sealed Materials and Classified Information

(a) Classified material may not be submitted absent an order of the Court. (b) Sealed Material. (1) Classified material or matters under seal that are to be included in any filing, to include a joint appendix, must be submitted in a separate volume, clearly designated as containing classified or sealed material. Classified materials, matters under seal, or motions to file thereof may not be filed electronically. (2) A motion to file material under seal must state whether the material in question was sealed in a lower court and, where applicable, provide a copy of the sealing order. (3) If the material was filed under seal in a lower court, the motion must identify the reasons that the material was sealed, state whether the seal remains in effect as to each of the relevant documents, and address whether it remains necessary to continue to maintain the confidentiality of the information in this Court. If the material was not filed under seal in a lower court, the motion must state with specificity why sealing is necessary by this Court in the first instance. (4) The motion should address why it is necessary for the sealed material to be included in the filing. (5) Where possible, the movant should provide a redacted copy of the material for the public record. If this is not feasible, the motion must state the reasons that it is not. (6) Where possible, the motion itself should be drafted so that it may be filed in the public record. If this is not feasible, the motion may be filed under seal, preferably with a redacted copy for the public record. The motion should reflect the position of other parties to the case concerning whether sealing the material is appropriate. (7) Material that is sought to be filed under seal should be marked ‘‘Under Seal’’ on the cover and on every page of the document. The redacted copy for the public record, when provided, should be marked “Public Copy—Sealed Materials Redacted” on the cover page of the document. (8) The parties must promptly notify the Court if it is no longer necessary for material previously filed under seal to remain under seal. (9) A motion filed under this Rule shall comply in every respect with the Court’s rules. Where a motion to file under seal is filed, the parties should treat the material as under seal until the Court rules on the motion.