Official Procedure Last Change November 22, 2024

Motion to Seal Document

General Information

• Any party wishing to file a sealed document must file a Motion to Seal Document. 
• Except for a Highly Sensitive Document (HSD), upon approval of a Motion to Seal Document, documents must be filed electronically using the Sealed Documents event. An HSD must be delivered to the Clerk's Office unfolded (if in paper form) and in a sealed envelope marked "HIGHLY SENSITIVE DOCUMENT". A copy of the court's order directing treatment as an HSD must be attached to the outside of the envelope. Most materials currently filed under seal do not meet the definition of a Highly Sensitive Document (HSD) 

  • Highly Sensitive Documents: A document or other material that contain sensitive, but unclassified, information that warrants exceptional handling and storage procedures to prevent significant consequences that could result if such information were obtained or disclosed in an unauthorized manner

  • Examples of HSDs: Ex parte sealed filings relating to: national security investigations, cyber investigations, and especially sensitive public corruption investigations; and document containing highly exploitable trade secrets, financial information, or computer source codes belonging to a private entity, the disclosure of which could have significant national or international repercussions.

  • Documents Not Considered HSDs: Most materials currently filed under seal do not meet the definition of an HSD and do not merit the heightened protections afforded to HSDs. The form or nature of the document, by itself, does not determine whether HSD treatment is warranted. Instead, the focus is on the severity of the consequences for the parties or the public should the document be accessed without authorization. In a bankruptcy case, the following additional types of documents generally are not considered HSDs: debtor statements of Social Security Numbers; documents reporting settlements: discovery and evidence materials placed under seal; tax records; pay records; valuation reports; information about minors; documents related to domestic abuse; and settlement agreements

• Additional information about filing documents under seal can be found in the ECF Administrative Policies and Procedures Manual.

Filing requirements

• The documents to be sealed must not be attached to the Motion to Seal. These should be filed separately once the Order Granting Motion to Seal has been entered. Highly sensitive documents must be delivered to the Clerk's Office unfolded (if in paper form) in a sealed envelope marked "HIGHLY SENSITIVE DOCUMENT". A copy of the court's order directing treatment as a HSD must be attached to the outside of the envelope.

• The Motion must be signed by the filing party or their attorney.

• The title of the Motion must include the phrase Highly Sensitive Document if seeking to seal such a document.

• 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.

• No proposed order need be uploaded - the court will prepare one.

• The Motion 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.

Step-by-Step Instructions

If you wish to have the entire case kept under seal, as opposed to filing some selected document(s) under seal, do not use this event. Instead, follow procedures for Motion to Seal Case. 

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 Seal Document, Motion to 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. Select appropriate radio button to indicate whether the document you are seeking to seal is a Highly Sensitive Document (pursuant to General Order 21-0001) and click Next.

Note: If you are seeking to seal a Highly Sensitive Document, that expression must be used in the title of your Motion.

10. A warning message is displayed. Click Next.

11. Browse to attach the Motion only (do not attach documents to be sealed) (pdf file). Click Next.

12. If you are filing this Motion prior to filing the sealed  document: Click Next.

      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.

13. 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.

14. 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.

15. 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.