Official Procedure Last Change January 18, 2013
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Bankruptcy > Motions, Applications & Briefs > Seal Document |
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None |
Any party wishing to file a sealed document must file a Motion to Seal Document prior to filing said pleading.
Upon approval of a Motion to Seal Document, documents are filed non-electronically with the Clerk or delivered to chambers in a sealed envelope. The Order allowing the filing under seal should be attached to the outside of the envelope. If the document filed under seal is a pleading, the Clerk will docket the filing of that pleading but no PDF of the document will be available for public view. If the document is not a pleading, no mention of it will appear on the docket.
Sealed documents are retained by the Clerk in a secured location.
Unless the order sealing the document precludes review by the Judge, the Judge on the case may review the document in chambers.
Additional information about filing documents under seal can be found in the ECF Administrative Policies and Procedures Manual.
Filing Requirements
The Motion, without the proposed sealed documents, must be filed electronically. If the Motion is granted, the sealed documents will then need to be submitted to the Clerk or chambers non-electronically.
Motion must be signed by the filing party.
A Certificate of Service must be included certifying that the Motion to Seal was served on the debtor or debtor's attorney, the Trustee and the US Trustee.
A proposed order must be uploaded.
Both the Motion and proposed order should give a date certain on which the documents will become unsealed, and should specify what should happen to the documents after becoming unsealed. Contact Chambers if guidance is needed as to directions for unsealing the document.
2. Select Bankruptcy > Motions, Applications & Briefs
3. Enter the case number (e.g, xx-xxxxx), click Next
4. Select Seal Document, click Next
5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.
6. Check box if jointly filing with another attorney, click Next.
7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next
NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.
8. Select the party filer. If the party is not listed, click on Add/Create New Party. Click Next
Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.
9. Browse to select pdf file of Motion only (do not attach documents to be sealed) and click Next
10. If you are filing this Motion prior to filing the sealed document:
If you are filing this Motion to seal a document that has previously been filed:
Check the box and click Next
Select the category of the document that you are seeking to seal. If you are not sure, leave all categories selected. Click Next
Select the box next to the docket event to which the motion relates and click Next
11. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next
12. Enter additional text, if desired, and/or select prefix text and click Next
Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended. The additional text option is not always available.
13. Verify final docket text. If correct, click Next to submit and to review Notice of Electronic Filing.
Curing Deficiencies
If the Motion is deficient, an amended Motion must be filed prior to the deficiency deadline using the instructions above, or the document may be stricken.