Sealing of Information Filed with the Court.

(a) Leave of Court Required. Parties may not file pleadings, memoranda, declarations, affidavits, or exhibits under seal without leave of court unless: (1) the case is sealed; or (2) filing under seal is otherwise required by state or federal law, these Criminal Local Rules, or an order already entered in the case. A stipulation or blanket protective order that allows a party to designate matters to be filed under seal will not suffice to allow the filing of the matter under seal. The following documents shall be filed under seal automatically: (1) (2) unexecuted summonses or warrants, supporting applications, and affidavits; Presentence Investigation Reports (including drafts) and Sentencing Statements outlining objections or corrections to them; (3) Statements of Reasons in the judgment of conviction; (4) juvenile records; (5) (6) (7) documents containing identifying information about jurors or potential jurors; financial affidavits filed in seeking representation pursuant to the Criminal Justice Act; ex parte requests for authorization of investigative, expert, or other services pursuant to the Criminal Justice Act; (8) competency evaluations; 6 (9) filings setting forth the substantial assistance of Defendant in the investigation or prosecution of another person pursuant to U.S. Sentencing Guidelines § 5K1.1, Fed. R. Crim. P. 35, or 18 U.S.C. § 3553(e); (10) motions for writs to produce incarcerated witnesses for testimony; and (11) motions for subpoenas.

In all other filings, the parties shall redact sealed information obtained from one of the foregoing or rely on the public record. Mere reference to any of the foregoing does not entitle a party to submit an entire filing under seal. (b) Motions to File Under Seal. Parties may move to file under seal any pleading, memorandum, declaration, affidavit, exhibit, or other matter if it contains confidential, classified, restricted, or graphic information or images.

(1) Requirements. (A) A motion to file under seal must: (i) be filed in the public record of the case; (ii) set forth the factual basis for sealing the filing without disclosing confidential information; and (iii) specify the applicable standard for sealing the information and discuss how that standard has been met. (B) The motion need not be filed in the public record when doing so would endanger the safety of Defendant or a witness. However, if the court reviews the motion and does not believe the motion meets this criteria, the court may unseal the motion.

(C) Redacted versions of the filings that are the subject of the motion must be concurrently filed; if it is not feasible to do so, the 7 movant must provide an explanation and a placeholder shall be filed as a substitute. (D) Concurrently with the filing of the motion, the movant must submit a proposed form of order. (E) The moving party must provide chambers with: (i) copies of the sealed filings in sealed envelopes with a copy of the title page attached to the front of each envelope and a prominent legend indicating that the envelope contains a proposed sealed filing; and (ii) an editable, electronic version of the proposed order. A list of chambers’ email addresses is available on the court’s website.

(2) Response. Any opposition is due no later than seven (7) days after the filing of the motion. If the court denies the motion, the movant shall inform the court within four (4) days whether it wants to withdraw the document or have it filed publicly. If the court does not receive such notification within four (4) days, the document will be returned to the movant.

(3) Public Record. If a party wishes to file in the public record a pleading, declaration, affidavit, exhibit, or other matter that has been designated as confidential by another party pursuant to a protective order, or if a party wishes to refer in a memorandum or other filing to information so designated by another party, that party must move to file the matter publicly or obtain an appropriate stipulation. The movant shall file and serve a copy of the pleading, declaration, affidavit, exhibit, or other matter and submit a proposed form of order in the same manner as provided in Subsection (1)(E). Within seven (7) days after the motion to file a matter publicly is filed, any party may oppose the motion and seek to have all or part of the matter sealed.

The matter may not be publicly filed until the court issues an order. (4) Unsealing. If the court determines at any time that any pleading, memorandum, declaration, affidavit, exhibit, or other matter has been 8 improperly sealed or no longer needs to be sealed, the court may order its unsealing or take other appropriate action, including issuing sanctions against the party or the party’s attorney responsible for the sealing. (5) Reference to Sealed Material During a Hearing.

Counsel and parties at any hearing that involves sealed material shall argue, to the extent practicable, the merits and the underlying facts of the motion or matter without specifically discussing the sealed material in order to allow public access to court proceedings to the fullest extent possible.