Filing Documents Under Seal in Federal Court
A Practice Note explaining key issues for counsel to consider when seeking an order to file documents under seal in federal district court. This Note discusses the strong presumption of public access to judicial documents and the circumstances under which a party may overcome that presumption and obtain a sealing order. It discusses Federal Rules of Civil Procedure (FRCP) 5.2 and 26, highlighting the privacy concerns and procedures for redaction and sealing. This Note also discusses the implications of sealing orders, protective orders, and the criteria for judicial documents, and outlines the procedural requirements for motions to seal, the appellate review process, and the potential for unsealing documents. This resource is essential for counsel seeking to understand the nuances of filing under seal in federal civil litigation.
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