Rule 9018-1 Motions to Publicly File Redacted Documents and to File Unredacted Documents Under Seal.

    (a)    Generally.  Unless otherwise required by these Local Rules, the Federal Rules of Bankruptcy Procedure, the Bankruptcy Code, or order of this court, requests to file under seal shall consist of two parts: (i) a motion to seal; and (ii) the documents to be sealed.

    (b)    Motion to Seal.  The motion to seal shall include:

            (1)    the grounds for sealing;

            (2)    the identity of any parties, other than the moving party, who will have access to the documents to be sealed;

            (3)    the duration of the seal;

            (4)    the time when the movant will either unseal the documents or retrieve the physical documents (if any) at the conclusion of the matter;

            (5)    a redacted copy of the documents sought to be sealed with only those redactions necessary to preserve confidentiality, made in good faith; and

            (6)    a proposed order that contains language indicating the order is without prejudice to the rights of any party in interest, or the United States Trustee, to seek to unseal the documents, or any part thereof.

    (c)    Documents to be Sealed.  Upon filing the motion to seal, the moving party must electronically file a copy of the unredacted documents sought to be sealed with the clerk’s office.  The documents must be electronically filed using a special ECF docket entry conspicuously marked “DOCUMENTS FILED UNDER PENDING MOTION TO SEAL.”  Access to documents filed pursuant to this subparagraph shall be strictly limited to the clerk of court and his or her designees, as well as to the presiding judge and his or her chambers.

COMMENTS:  L.B.R. 9018-1 was amended effective December 1, 2017, to provide a uniform standard procedure for electronically filing a motion under seal.  The rule distinguishes between the motion to seal, which should be filed publicly on the docket, and the documents to be sealed.  The motion should include a redacted copy of the documents to be sealed.  The time to file and serve the underlying motion for which purpose the motion to seal is being made should be in accordance with all applicable rules pertaining to service of the underlying motion.

Part IX - General Provisions