New York Supreme Court, Nassau County Sealing & Redaction Procedures

CRITICAL

No case or portion of a case may be sealed without adequately showing good cause.

No case or portion thereof shall be sealed unless good cause has been adequately shown (22 NYCRR 216.1).

CRITICAL

Counsel must redact all evidence.

Counsel are responsible for redaction of all evidence.

CRITICAL

No case or portion of a case may be sealed unless good cause is adequately shown.

E. Sealing Orders – pursuant to 22 NYCRR § 216.1, no case or portion thereof shall be sealed unless good cause has been adequately shown.

CRITICAL

A case or portion of a case may not be sealed unless good cause is adequately shown.

No case or portion thereof shall be sealed unless good cause has been adequately shown (22 NYCRR 216.1).

CRITICAL

Unredacted expert affirmations must be hand-delivered in a sealed envelope marked as specified and identify the redacted affirmation’s NYSCEF docket entry number and motion sequence number.

Unredacted Expert Affirmations must be hand- delivered to the Court in a sealed envelope with the following stated on the front and back of the sealed envelope: “UNREDACTED EXPERT AFFIRMATION TO BE REVIEWED BY THE COURT” and must indicate the NYSCEF Docket Entry Number for the Redacted Expert Affirmation and the Motion Sequence Number.

CRITICAL

Documents designated for in camera review should be hand-delivered to the Court in a sealed envelope marked on both sides with the specified statement.

Any documents which are directed to be reviewed by this Court in camera should be hand-delivered to the Court in a sealed envelope with the following stated on the front and back of the sealed envelope: “SEALED DOCUMENTS TO BE REVIEWED BY THE COURT IN CAMERA”.

CRITICAL

When the parties agree that documents present compelling circumstances for sealing, they may proceed by a stipulation stating the good-cause reasons and requesting an order approving the stipulation.

If the parties agree that the documents demonstrate compelling circumstances for sealing, they may proceed by means of a stipulation setting forth the good cause reasons for sealing, to be considered by the court, and for the stipulation to be so-ordered.

CRITICAL

A party seeking sealing or redaction may proceed by order to show cause stating proper reasons and demonstrating good cause, or may redact pursuant to 22 NYCRR §216.1.

If a party seeks to have a document sealed or redacted, that party may proceed by Order to Show Cause giving proper reasons and demonstrating good cause for sealing, or redacting pursuant 22 NYCRR §216.1.

CRITICAL

Before filing documents deemed confidential, a party must give the designating party at least five business days' notice, and the parties must meet and confer within three days of that notice.

Parties wishing to submit documents to the court which have been deemed confidential shall provide notice to the party who designated them as confidential, at least 5 business days before filing the documents at issue. The parties shall meet and confer within 3 days of such notification.

CRITICAL

Documents proposed for sealing may be exchanged, but an unsealed version may not be filed unless the court finds in an order on the sealing motion that the documents are not subject to sealing.

While the parties are free to exchange documents sought to be sealed, no unsealed version of the documents shall be filed unless found to be not subject to sealing in an order on the sealing motion.

CRITICAL

A sealing motion must be accompanied by an unredacted version of the relevant documents for the court's comparison with the redacted versions.

A sealing motion, must be accompanied by an unredacted version of the relevant documents, which shall be sent to the court for comparison with the redacted forms of the documents contained in the motion.

CRITICAL

A case or any portion of a case may not be sealed without a showing of good cause.

No case or portion thereof shall be sealed unless good cause has been adequately shown (22 NYCRR 216.1).

CRITICAL

No case or portion of a case may be sealed without adequately demonstrated good cause.

No case or portion thereof shall be sealed unless good cause has been adequately shown (22 NYCRR 216.1).

CRITICAL

A case or any portion of a case may not be sealed without adequately shown good cause.

No case or portion thereof shall be sealed unless good cause has been adequately shown (22 NYCRR 216.1).

CRITICAL

If the parties do not agree to sealing or redaction, the requesting party may proceed by order to show cause with proper reasons and good cause under 22 NYCRR 216.1.

If the parties do not agree, the party seeking to have the document sealed or redacted may proceed by order to show cause giving proper reasons and demonstrating good cause for sealing or redacting pursuant to 22 NYCRR 216.1.

CRITICAL

While the parties are free to exchange documents sought to be sealed, no unsealed version of the documents shall be filed unless found to be not subject to sealing in an Order on the sealing motion.

While the parties are free to exchange documents sought to be sealed, no unsealed version of the documents shall be filed unless found to be not subject to sealing in an Order on the sealing motion.

CRITICAL

A request for additional redactions or sealing must be made by order to show cause establishing good cause under 22 NYCRR 216.1.

Any request for additional redactions or sealing shall be made by order to show cause and must establish “good cause” pursuant to the Uniform Rules for Trial Courts, 22 NYCRR 216.1.

CRITICAL

A sealing motion must include an unredacted version of the relevant documents, sent to the court by email for comparison with the motion's redacted versions.

A sealing motion must be accompanied by an unredacted version of the relevant documents, which shall be sent to the Court, via e-mail, for comparison with the redacted form of the documents contained in the motion.

CRITICAL

Before filing documents deemed confidential, a party must notify the confidentiality-designating party at least five business days in advance, and the parties must meet and confer within three days after that notice.

Parties wishing to submit documents to the Court which have been deemed confidential shall provide notice to the party who designated them as confidential, at least 5 business days before filing the documents at issue. The parties shall meet and confer within 3 days of such notification.

WARNING

No case or portion of a case may be sealed unless good cause is adequately shown.

pursuant to 22 NYCRR § 216.1, no case or portion thereof shall be sealed unless good cause has been adequately shown.

WARNING

The court may require a sealing motion at any time concerning a request for sealing.

At any time, the Court may require a motion concerning any request for sealing.

WARNING

If the parties agree that confidential documents present compelling circumstances for sealing, they may proceed through a stipulation setting forth good-cause reasons for the court to so-order.

If the parties agree that the documents demonstrate compelling circumstances for sealing, they may proceed by means of a stipulation setting forth the good cause reasons for sealing, to be considered by the Court, and for the stipulation to be so-ordered.

WARNING

Sealing and additional redactions are disfavored, and a confidentiality agreement alone does not justify sealing.

Sealing, including redactions beyond those generally permitted (i.e. date of birth, social security number, account numbers…), is not encouraged. The mere fact that a document is subject to a confidentiality agreement is not sufficient in and of itself to warrant sealing (Mancheski v. Gabelli Group Capital Partners, 39 AD3d 499, 502 [2nd Dept. 2007]).