Official Procedure Last Change July 28, 2015
Motion for Protective Order
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > Protective Order, Motion for
Things to be aware of when filing: Motion for Protective Order is only to be used if you are seeking to remove a document that was originally filed by another party, or for the purpose of limiting or restricting discovery.
It is the responsibility of filers to keep personal identifiers out of documents filed, which include not only initial case documentation like the petition and schedules but also any subsequent documents which become available electronically.
If it is discovered that documents have been filed that contain such information, a Motion to Remove Document Pursuant to Fed.R.Bankr.P. 9037 or Motion for Protective Order, as appropriate, can be used to request the Court to remove the document from public view. (The Court cannot redact a document once filed.)
Motion for Protective Order should be used if you are seeking to remove a document that was originally filed by another party. If you seek to remove a document that you yourself previously filed, use Motion to Remove Document Pursuant to Fed.R.Bankr.P. 9037.
Upon granting of the Motion, the Court will restrict access to the document named in the Motion, although the associated docket entry will remain visible to all users. The filer of the document to be hidden will need to file an amended version of that document with the personal identifiers removed.
A party may also file a Motion for Protective Order pursuant to Fed.R.Bankr.P. 7026 and Fed.R.Civ.P. 26(c) for the purpose of limiting or restricting discovery.
- The Motion must be signed by the filing party.
- A certificate of service must be included.
- It is not necessary to upload a proposed order - the Court will issue one.
- There is no redaction fee due per the court's General Order 14-0006.
- If wishing to file a motion for protective order on a closed case, it is not necessary to file a motion to reopen, or to pay a reopening fee. The motion will be processed by the court even though the case is closed.
1. Log into CM/ECF.
2. Select Bankruptcy > Motions, Applications & Briefs.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Protective Order, Motion for from the event list and 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, or cannot be selected, view instructions on adding a 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. A message is displayed regarding use of the correct event. Click Next.
11. Select appropriate radio button and click Next.
- If you selected Yes (to indicate that you are seeking to hide a claim), a list of all claims filed on the case is displayed. Click on the claim that you are seeking to hide, then click on the Next button at the bottom of the page (you may need to scroll down to see this button). Note: If you have already filed an amended claim, this is the claim that will appear in the list. Select that amended claim - when the Court removes the document, they will ensure that the original claim, not the amended claim, is removed.
- If you selected No (to indicate that you are seeking to hide any other type of document), you are asked under which rule/code section you are filing. Select the appropriate radio button, then click Next. Check the box next to the document which your Motion seeks to hide and click Next.
12. 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.
13. Select prefix text, if applicable, 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.
14. Verify final docket text. If correct, click Next to submit.
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.