Filing under seal requires court permission because judicial records are presumptively public. Courts weigh the interest in confidentiality against the public right of access, and standards are more demanding for material submitted in connection with dispositive motions.
Many courts require the motion to be narrowly tailored and to propose redaction rather than wholesale sealing.
Alternative Names:
Motion to File Under Seal, Sealing Motion
Why it Matters?
Parties routinely assume that material designated confidential under a protective order may be filed under seal, and courts routinely reject that assumption. The standards differ: a protective order governs exchange between parties, while sealing restricts public access and requires independent justification. Motions that simply invoke the protective order are frequently denied, forcing an unplanned public filing.
Frequently Confused with
Related terms
Frequently asked questions
Does a protective order permit filing under seal?
What standard applies to dispositive motion exhibits?
