Filing Documents Under Seal in New York State Court

by Practical Law Litigation

A Practice Note that offers guidance to counsel on the key issues to consider when seeking an order to seal documents in New York state court. This Note addresses the strong legal presumption of public access to court records before detailing the "good cause" standard required for sealing under 22 NYCRR § 216.1(a). It identifies the types of information, such as trade secrets and personally identifiable information (PII), that may warrant sealing, and contrasts this with circumstances where sealing is unlikely to be granted. This Note then explains the process for obtaining a sealing order, including the motion requirements, evidentiary burdens, and the importance of checking local court rules. It also reviews the strategic use of confidentiality stipulations, referencing the standard form available in the Commercial Division. Finally, this Note outlines the distinct protocols for filing sealed documents in hard-copy versus electronically through the New York State Courts Electronic Filing System (NYSCEF).