If sealing is allowed, how do you do it? A party who needs to use confidential information in court should start with the court's local rules. Although these rules vary from jurisdiction to jurisdiction, there are three basic steps: 1. Prepare a motion that explains the reasons for seeking leave to file under seal. This motion will identify the pleadings or documents that the party wishes to file under seal, but will not describe them with such particularity that the motion itself would need to be filed under seal. 2. File the motion as per the usual procedures, but lodge the “pending seal” materials in a sealed manila envelope or other appropriate container. A “lodged” record is a record that is temporarily placed or deposited with the court but not filed. 3. If the court grants the motion, an order will issue to the clerk. If the court denies the motion to seal, the party is entitled to retrieve the lodged record from the clerk without risk the documents will be made available to the public.
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