San Diego Superior Court Sealing & Redaction Procedures

CRITICALCivil cases

Sealing requests must comply with CRC 2.550 and 2.551; records may not be sealed based solely on party stipulation.

Requests to seal court records must comply with CRC 2.550 and 2.551. Note: "The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties." CRC 2.551(a).

CRITICALCivil cases

Motion briefing filed with redactions or under seal requires a noticed motion to seal, and the motion will not be adjudicated until it is decided.

However, if a party desires to file motion briefing or supporting documents with redactions and/or under seal, CRC Rule Nos. 2.550 and 2.551 apply, and the motion will not be adjudicated until a noticed motion to seal has been calendared and decided.

CRITICALCivil cases

Documents under seal or conditionally under seal must comply with CRC Rules 2.550 and 2.551; the Court will not seal non-compliant documents.

The Court requires adherence with statutory procedures to file documents under seal or "conditionally under seal". The Court will not seal any document not submitted in accordance with California Rules of Court, Rule Nos. 2.550 and 2.551.

CRITICALCivil cases

When filing redacted or under-seal documents, the party must include a separate NOL for redacted filings and lodge a USB drive with the unredacted versions.

In such cases, the submitting party must include a separate NOL for the redacted filings and lodge a USB drive containing the unredacted version of any documents filed or conditionally filed under seal.

CRITICALCivil cases

Protective orders and motions to seal must comply with CRC rules 2.550/2.551; records are not sealed by stipulation alone, and substantive motions are held until the sealing hearing is resolved.

Proposed stipulated protective orders for protection of confidential information will only be approved if the language in the proposed order is consistent with California Rules of Court, rules 2.550 and 2.551. Motions and applications to seal must comply with rules 2.550 and 2.551. Records will not be sealed based solely on the agreement or stipulation of the parties. If documents have been lodged conditionally under seal in support of/opposition to a motion, the substantive motion will not be decided until after the hearing on the motion or application to seal. Parties may appear ex parte to request a hearing on a motion to seal in advance of a pending substantive motion, or alternatively to continue the substantive motion.

CRITICALCivil cases

Requests to seal court records must comply with CRC 2.550 and 2.551.

Requests to seal court records must comply with CRC 2.550 and 2.551.

CRITICALCivil cases

Stipulated protective orders and motions to seal must comply with CRC Rules 2.550 and 2.551; records will not be sealed based solely on party agreement or stipulation.

Proposed stipulated protective orders for protection of confidential information will be approved only if the language in the proposed order is consistent with CRC Rules 2.550 and 2.551. Motions and applications to seal must comply with Rules 2.550 and 2.551. Records will not be sealed based solely on the agreement or stipulation of the parties.

CRITICALCivil cases

Sealing requires a motion complying with CRC rules 2.550/2.551; records are not sealed by stipulation alone, and a substantive motion is not decided until the sealing motion is heard.

Proposed stipulated protective orders for protection of confidential information will only be approved if the language in the proposed order is consistent with California Rules of Court, rules 2.550 and 2.551. Motions and applications to seal must comply with rules 2.550 and 2.551. Records will not be sealed based solely on the agreement or stipulation of the parties. If documents have been lodged conditionally under seal in support of/opposition to a motion, the substantive motion will not be decided until after the hearing on the motion or application to seal. Parties may appear ex parte to request a hearing on a motion to seal in advance of a pending substantive motion, or alternatively to continue the substantive motion.

CRITICALCivil cases

Protective orders and sealing must comply with CRC rules 2.550 and 2.551; records are not sealed on stipulation alone, and sealed substantive motions are not decided until after the sealing hearing.

Proposed stipulated protective orders for protection of confidential information will only be approved if the language in the proposed order is consistent with California Rules of Court, rules 2.550 and 2.551. Motions and applications to seal must comply with rules 2.550 and 2.551. Records will not be sealed based solely on the agreement or stipulation of the parties. If documents have been lodged conditionally under seal in support of/opposition to a motion, the substantive motion will not be decided until after the hearing on the motion or application to seal. Parties may appear ex parte to request a hearing on a motion to seal in advance of a pending substantive motion, or alternatively, to continue the substantive motion.

CRITICAL

Documents may be filed under seal only in compliance with California Rules of Court Rule Nos. 2.550 and 2.551.

The Court requires adherence with statutory procedures to file documents under seal. The Court will not order any document sealed which is not submitted in accordance with California Rules of Court, Rule Nos. 2.550 and 2.551.

CRITICAL

Documents submitted conditionally under seal will not be sealed unless the party complies with CRC Rule Nos. 2.550, 2.551, and 3.1302(b).

Documents submitted "conditionally under seal" will not be sealed unless the submitting party complies with CRC Rule Nos. 2.550, 2.551, and 3.1302(b).

CRITICAL

Supporting documents filed under seal for any motion are governed by CRC Rules 2.550/2.551, and the motion is not determined until a noticed motion to seal is calendared and decided; Rule 2.550 does not apply to discovery motions.

If a party desires to file supporting documents under seal for any motion, CRC Rule Nos. 2.550 and 2.551 apply. The motion will not be determined until a noticed motion to seal has been calendared and decided. Note: CRC Rule No. 2.550 does not apply to discovery motions and records filed or lodged in connection with discovery motions or proceedings.

WARNINGCivil cases

If no motion to seal is filed within the statutory time for conditionally sealed documents, the party must inform the clerk and file a notice that the documents become part of the public record.

For documents filed conditionally under seal, if no motion to seal is filed within the allotted statutory time, the submitting party is directed to inform the court clerk that the documents are to be made part of the public record and file a notice with the Court.

WARNINGCivil cases

Sealing requests will not be addressed ex parte unless the Court instructs otherwise.

Requests for sealing will not be addressed ex parte unless otherwise instructed by the Court.

WARNINGCivil cases

For motions containing confidential materials, the Court prefers parties to lodge rather than file the confidential documents via a Notice of Lodgment.

For determination of motions containing confidential materials, the Court prefers parties to lodge—rather than file—the confidential documents via a properly filed Notice of Lodgment ("NOL").

WARNINGCivil cases

Where any Confidential Materials, or Information derived from Confidential Materials, is included in any motion or other proceeding governed by California Rules of Court, Rules 2.550 and 2.551, the party shall lodge the Confidential Materials and shall follow those rules. With respect to discovery motions or other proceedings not governed by California Rules of Court, Rules 2.550 and 2.551, the following shall apply: If Confidential Materials or Information derived from Confidential Materials are submitted to or otherwise disclosed to the Court in connection with discovery motions and proceedings, the same shall be separately lodged with the clerk of the Court in an envelope marked: "CONFIDENTIAL – LODGED PURSUANT TO PROTECTIVE ORDER".

Where any Confidential Materials, or Information derived from Confidential Materials, is included in any motion or other proceeding governed by California Rules of Court, Rules 2.550 and 2.551, the party shall lodge the Confidential Materials and shall follow those rules. With respect to discovery motions or other proceedings not governed by California Rules of Court, Rules 2.550 and 2.551, the following shall apply: If Confidential Materials or Information derived from Confidential Materials are submitted to or otherwise disclosed to the Court in connection with discovery motions and proceedings, the same shall be separately lodged with the clerk of the Court in an envelope marked: "CONFIDENTIAL – LODGED PURSUANT TO PROTECTIVE ORDER".

WARNINGCivil cases

If documents are lodged conditionally under seal, the substantive motion will not be decided until after the hearing on the motion to seal.

If documents have been lodged conditionally under seal in support of/opposition to a motion, the substantive motion will not be decided until after the hearing on the motion or application to seal.

INFOCivil cases

Exhibits lodged via NOL become part of the record but are not publicly filed and require no sealing motion.

Exhibits filed in this manner become part of the ROA but are not publicly filed and require no sealing motion.

INFO

The Court prefers to accept confidential documents as lodged documents for discovery and other motions, returning them to the submitting party after determination.

For determination of discovery and other motions, the Court prefers to accept confidential documents as "lodged documents." All lodged documents are returned to the submitting party upon the Court's determination of the motion or application. (CRC Rule No. 3.1302(b).)