Sealing Mechanisms Across Federal Districts

Federal districts use one of two procedures to file material under seal: file a motion to seal first, then file the sealed material only if the motion is granted; or present the material to the clerk for an administrative process before filing. Most districts use motion-first sealing. One district in our sample uses an administrative-clerk process for initial sealed filings.

Where to find the rule

Sealing procedures appear in different rules across districts. Common locations: Rule 5 (filing), Rule 26 (discovery), or a dedicated sealing rule (e.g., Civ. R. 5.3 in D.N.J., Local Civ. R. 5.03 in D.S.C., Rule 5.1.5 in E.D. Pa.). The general motion-practice rule (Rule 7) usually does not address sealing. The assigned judge's standing order may impose additional sealing-specific procedures.

Motion-first sealing

The motion to seal is filed publicly. The sealed material is filed (or remains lodged) only after the motion is granted. The motion typically describes the material without revealing its contents and articulates the legal basis for sealing.

The procedure:

1. Prepare the motion to seal. The motion is filed on the public docket.
2. The motion describes the documents to be sealed without revealing their contents and articulates good cause or other applicable standard for sealing.
3. The sealed material is either lodged with the court (not filed) or held by counsel pending the ruling.
4. If the court grants the motion, file the sealed material via the appropriate sealed-filing mechanism (CM/ECF sealed event, paper filing, or designated email address — varies by district).
5. If the court denies the motion, the material is not filed under seal. The party may either file unsealed, withdraw the filing, or seek modification of the sealing standard.

Districts using motion-first sealing:

Administrative-clerk sealing

The material is presented to the clerk for initial assessment. A miscellaneous case number is assigned during review, and a designated judge rules on whether the case (or document) should be sealed before it enters the regular docket.

The procedure (as it operates in S.D. Tex. for initial sealed filings):

1. Counsel presents the application to the clerk with the complaint or filing in a sealed envelope marked 'sealed exhibit.'
2. The clerk assigns a miscellaneous case number.
3. The miscellaneous matter is presented to the designated miscellaneous judge for review.
4. After ruling, if granted, the clerk assigns a regular civil action number and the case proceeds.
5. Sealing in pending cases (after the action is open) is governed by the assigned judge's procedures rather than the administrative-clerk process.

Districts using administrative-clerk sealing:

• S.D. Tex. (L.R. 83.6 for initial sealed filings). The Galveston Division also requires a Binh Hoa Le v. Exeter analysis in the motion, which is a heightened standard for sealing.

Quick-reference table

Operational note: judge-specific sealing procedures

Even in motion-first sealing districts, individual judges often layer on additional sealing-specific procedures: required form of motion, additional showings (e.g., the Binh Hoa Le analysis in some Texas divisions), redacted-version requirements, automatic-unsealing dates after a fixed period, treatment of sealed exhibits at trial. The local rule sets the default; the assigned judge's standing order frequently modifies it. Read both before filing material under seal — the cost of getting sealing wrong is having the material entered on the public docket before the error is caught.