RECORDS AND FILES

U.S. Bankruptcy Court for the Central District of California

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Central District of California

Rule: 5003-2

Jurisdiction: CACDB

Bluebook Citation: Bankr. C.D. Cal. R. 5003-2

(a) Removal of Records and Files. (1) Order Required. No records or objects belonging to the files of the court may be taken from the office or custody of the clerk except upon written order of the court. (2) Form of Receipt.

Any person removing records pursuant to this rule must give the clerk a receipt containing the following information: (A) The name, address, and telephone number of the person removing the records or objects; (B) An itemized description of the records or objects removed; (C) The date of removal; (D) The place in which records or objects will be used or kept; and (E) The estimated date of return to the clerk of the records or objects. (3) Exception for Court Staff. The provisions of this rule do not apply to a judge, members of a judge’s staff, magistrate judge, court recorder, clerk, clerk’s staff, or courtroom deputy requiring records or objects in the exercise of their official duties. Any court officer removing records or objects must provide the clerk with a receipt in the form required by subsection (a)(2) of this rule.

(b) Removal of Contraband. Contraband of any kind coming into the possession of the clerk must be turned over to an appropriate governmental agency which will destroy or otherwise dispose of the contraband as provided by law. The agency must give the clerk a receipt for the contraband in the form required by subsection (a)(2) of this rule. (c) Confidential Court Records.

(1) Filing under Seal. Subject to 11 U.S.C. § 107, a document may not be filed under seal without a prior written order of the court. If a filing under seal is requested, a written motion requesting such relief and a proposed order must be presented to the judge in the manner set forth in The Central Guide. (2) Disclosure of Sealed Documents.

No sealed or confidential record of the court maintained by the clerk will be disclosed except upon written order of the court. A party seeking disclosure of sealed or confidential court records must file and serve a motion pursuant to LBR 9013-1(d) or (o). The motion must state with particularity the need for specific information in such records. 77 LBR 5005-2

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