Filing Documents Under Seal

U.S. District Court for the Eastern District of Kentucky

Rule Set: Local Rules of the U.S. District Court for the Eastern District of Kentucky

Rule: 49.4

Jurisdiction: EDKY

Bluebook Citation: E.D. Ky. L.R. 49.4

All Rules: E.D. Ky. Local Rules, complete index


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(a) (b) Presumption of public access. Parties and counsel should presume that all documents filed in district court should be available for the public to access and that restricting public access can occur only in limited circumstances, as set forth in this Rule. "Sealed Document" defined. A "sealed document"' is defined as a document or motion filed pursuant to (1) a protective order restricting public access, (2) an order granting leave to file the sealed document or motion, in conjunction with a motion for leave to seal or a previously-filed redacted document, or (3) included within a category of documents considered sealed 9 (c) (d) under a federal statute or federal rule of procedure, local rule, or standing order of this court.

A sealed document or motion is not available electronically, or by any other means, to the parties, attorneys, or the public. Specific Authority or Motion Required; Protective Orders. Absent a federal statute or federal rule of procedure, local rule, or standing order of this court. a party seeking to file a sealed document must electronically file a motion for leave to seal. The motion must state why sealing is required and must establish that the document sought to be filed under seal is entitled to protection from public disclosure.

Reference to a stipulation that allows a party to designate certain documents as confidential is not sufficient grounds to establish that a document, or portions thereof warrants filing under seal. Electronic Filing Rules and Procedures. All procedures for electronic filing of documents under seal, whether pursuant to this Rule or a federal statute or federal rule of procedure, are contained in the Court's Electronic Case Filing Administrative Policies and Procedures, available from the Clerk's office on the following websites: WDKY - http://www.kywd.uscourts.gov/ EDKY - http://www.kyed.uscourts.gov/

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