Western District of Texas Sealing & Redaction Procedures

CRITICAL

Parties may file unredacted documents or a reference list under seal with specified heading if full personal data identifiers are required; reference lists may be amended as of right and apply to civil and criminal cases.

If a party needs to file a document containing the full and complete personal data identifiers listed above, that party may, a. file an un redacted version of the document under seal with the following heading "SEALED DOCUMENT PURSUANT TO E-GOVERNMENT ACT OF 2002"; or b. file a reference list under seal with the same heading as above. The reference list shall contain the complete personal data identifier(s) and the redacted identifier(s) used in its (their) place in the filing. All references in the case to the redacted identifiers included in the reference list will be construed to refer to the corresponding complete personal data identifier. The reference list must be filed under seal, and may be amended as of right. The unredacted version ofthe document or the reference list shall be retained by the court as part of the record. The reference list is intended to serve as a type of "key." For example, if an individual's full Social Security Number is 123-45-6789, the list would include the complete number with the corresponding partially redacted number of XXX-XX-6789, which would be used in future filings. This is beneficial to the court and the clerk's office because it eliminates the filing of two versions of a document--one unredacted (and automatically under seal) and one redacted. The listing can be filed in civil and criminal cases.

CRITICAL

The following personal data identifiers should be excluded from all pleadings filed with the court, including any exhibits thereto, whether filed electronically or in paper, unless otherwise ordered by the Court:2 a. Social Security numbers. If an individual's Social Security number must be included in a pleading, only the last four digits of that number should be used. b. Names of minor children. If the name of a minor child must be mentioned in a pleading, only the initials of that child should be used. c. Dates of birth. If an individual's date of birth must be included in a pleading, only the year should be used. d. Financial account numbers. If financial account numbers are required in any pleading, only the last four digits of these numbers should be used. e. Home Addresses (in criminal cases). If a home address must be included, only the city and state should be listed.

The following personal data identifiers should be excluded from all pleadings filed with the court, including any exhibits thereto, whether filed electronically or in paper, unless otherwise ordered by the Court:2 a. Social Security numbers. If an individual's Social Security number must be included in a pleading, only the last four digits of that number should be used. b. Names of minor children. If the name of a minor child must be mentioned in a pleading, only the initials of that child should be used. c. Dates of birth. If an individual's date of birth must be included in a pleading, only the year should be used. d. Financial account numbers. If financial account numbers are required in any pleading, only the last four digits of these numbers should be used. e. Home Addresses (in criminal cases). If a home address must be included, only the city and state should be listed.

CRITICAL

Clerk's office shall not provide public access to Non-Public records or sealed documents absent a court order.

In order to further comply with the Judicial Conference Policy, in addition to items listed in paragraphs a. through e., the clerk's office shall not, absent an order of the court, provide public access (electronically or at the courthouse) to records determined by the Judicial Conference to be "Non-Public" (e.g., unexecuted criminal summonses and warrants of any kind; documents containing identifying information about jurors or potential jurors; juvenile records; financial affidavits; etc.), as well as sealed documents.

CRITICAL

The Clerk's office will make a sealed informational docket entry and maintain the HSD in a secure paper filing system or an unnetworked standalone computer system.

The Clerk's office will make a sealed informational docket entry in the Court's electronic filing system indicating that the HSD was filed with the Court and will maintain the HSD in a secure paper filing system or a secure standalone computer system that is not connected to any network.

CRITICALCivil casesProposed or draft document; may not be in force

If either party files briefing under seal, the Court will enter a sealed order, and the movant must email a redacted public version to the law clerk for publication within seven days after entry.

The Court will enter a sealed order to resolve a motion if either party filed its briefing under seal. The movant shall email a redacted version of the Court’s sealed order for publication within seven days after the Court enters the sealed order. The movant shall email the redacted, public version to the Court’s law clerk (txwdml_lawclerks_wa_judgealbright@txwd.uscourts.gov).

CRITICALCivil casesProposed or draft document; may not be in force

Any party may file materials containing confidential information under seal without a separate motion for leave.

Because parties in patent cases routinely file confidential information, this Order grants leave for any party to file materials containing confidential information under seal. Parties need not file a separate motion for leave.

CRITICALCivil casesProposed or draft document; may not be in force

A publicly available redacted version of a motion or pleading filed under seal is due within seven days, but redacted exhibit versions are not required.

The filing party shall file a publicly available, redacted version of any motion or pleading filed under seal within seven days. The parties need not file redacted versions of exhibits to such documents.

CRITICAL

When moving to seal appendix materials, divide into public and sealed volumes with separate pagination and table of contents requirements.

If a party moves to seal any materials in the appendix, it must divide the appendix into a public volume and a sealed volume. i. The public volume, which must contain all materials that the party is not authorized to file under seal and does not move to file under seal, must be paginated using App.___ pagination, and must otherwise comply with this order in full. ii. The sealed volume, labeled as such, must contain all materials that the party is authorized to file under seal or seeks to file under seal, and must otherwise comply with this order except that each page must be numbered sequentially beginning "Sealed.App.1" and each citation must be to "Sealed.App.__." iii. Table of contents in each volume. The table of contents in each volume must list every item in the entire appendix, identifying public items by their App.__ page and sealed items by their Sealed.App.__ page. In the public volume's table of contents, if identifying a sealed item by the content of the document would itself reveal information that should be sealed, the party may describe the item generically or, if necessary, note that the description is omitted.

CRITICAL

Patent cases presumptively require protective order for confidential information.

Because the Court finds that any patent case is likely to involve production of confidential, sensitive, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted, the Confidentiality and Protective Order available as Appendix H-1 to the Local Rules of the United States District

CRITICAL

Discovery cannot be withheld for confidentiality without court order.

Discovery may not be withheld on the basis of confidentiality absent a Court order.

CRITICALCivil cases

Compliance with Fed. R. Civ. P. 5.2 regarding redaction of certain material is mandatory.

Counsel are reminded that, with regard to any paper that is filed, compliance with Fed. R. Civ. P. 5.2 is mandatory. Accordingly, counsel should ensure that appropriate redactions are made.

CRITICALCivil cases

Parties must meet and confer before filing a motion to seal; motion must certify compliance.

14. Requirement to confer before requesting sealing. The parties are required to meet and confer prior to filing a motion to seal documents. All motions to seal information that has been designated as confidential, whether by a party or non- party to the action, must include language certifying that the meet and confer requirement has been met.

CRITICALCivil cases

Redacted public version required within 7 days for sealed motions/pleadings

The filing party shall file a publicly available, redacted version of any motion or pleading filed under seal within seven days.

CRITICALCivil cases

Redacted version of sealed orders must be emailed within 7 days

The movant shall email a redacted version of the Court's sealed order for publication within seven days after the Court enters the sealed order.

CRITICALCivil cases

Parties must coordinate on redactions for publicly available versions

The parties shall coordinate to make sure that the publicly available version redacts information that any party deems confidential.

CRITICALCivil cases

Publicly available versions must be labeled 'PUBLIC VERSION'

The publicly available version shall be labeled “PUBLIC VERSION.”

WARNING

Clerk's office will not review filings for redaction compliance; counsel and parties are solely responsible for compliance.

The Office of the Clerk will not review filings for compliance with this rule requiring redaction of personal data identifiers. Counsel is strongly urged to share this notice and privacy policy with all clients so that an informed decision about the inclusion of certain materials may be made. If a redacted document is filed, it is the sole responsibility of counsel and the parties to ensure that all documents and pleadings comply with the rules of this court requiring redaction of personal data identifiers.

WARNING

Parties should exercise caution when filing documents containing sensitive information including driver's license numbers, medical records, trade secrets, and national security information.

In addition, parties should exercise caution when filing documents that contain the following: 1. any personal identifying number, such as driver's license number; 2. medical records, treatment and diagnosis; 3. employment history; 4. individual financial information; 5. proprietary or trade secret information; 6. information regarding an individual's cooperation with the government; 7. information regarding the victim of any criminal activity; 8. national security information; and 9. sensitive security information as described in 49 U.S.c. Sec. 114(s).

WARNINGCivil casesProposed or draft document; may not be in force

Entirely nonconfidential exhibits should not be filed under seal.

Exhibits that are nonconfidential in their entirety should not be filed under seal at all.

WARNINGCivil casesProposed or draft document; may not be in force

Parties must coordinate on a publicly available version with targeted redactions of information any party deems confidential, label it “PUBLIC VERSION,” and coordination does not concede that the redacted information is confidential.

The parties shall coordinate to make sure that the publicly available version redacts information that any party deems confidential. Redactions should be targeted to redact only that information. The publicly available version shall be labeled “PUBLIC VERSION.” Cooperating to file the publicly available version shall not be deemed as agreeing that the redacted information is confidential.

WARNINGCivil cases

Sealing discouraged; redaction preferred; leave of court required for sealed filings.

The Court disfavors motions to maintain filings under seal, and the Court expects parties to draft such submissions in a manner that does not disclose confidential information. W.D. Tex. Civ. R. 5.2(b). Proper redaction is preferable to sealing a case or a particular filing. Even when filing a document under seal may be warranted, it is better for the sealed document to be an exhibit rather than the entire filing. If a party wishes to file a pleading, motion, or exhibit under seal, the party must first obtain leave of court by motion with citation to authority supporting the filing under seal. The item will be admitted under seal if the Court deems such filing to be necessary.

WARNINGCivil cases

Sealing filings is disfavored; redaction preferred; court approval required for sealing.

The Court disfavors motions to maintain filings under seal, and the Court expects parties to draft such submissions in a manner that does not disclose confidential information. W.D. Tex. Civ. R. 5.2(b). Proper redaction is preferable to sealing a case or a particular filing. Even when filing a document under seal may be warranted, it is better for the sealed document to be an exhibit rather than the entire filing. If a party wishes to file a pleading, motion, or exhibit under seal, the party must first obtain leave of court by motion with citation to authority supporting the filing under seal. The item will be admitted under seal if the court deems such filing to be necessary.

WARNINGCivil cases

Sealing requires motion with authority; redaction preferred over sealing.

Generally, the Court disfavors motions to maintain filings under seal and expects parties to draft such submissions in a manner that does not disclose confidential information. W.D. Tex. R. CV-5.2(b). Redaction is preferable to sealing a case or a particular filing. Even when filing a document under seal may be warranted, it is better for the sealed document to be an exhibit rather than the entire filing. If a party wishes to file a pleading, motion, or exhibit under seal, the party must first obtain leave of court by motion with citations to authority in support of filing under seal. The item will be admitted under seal if the court deems such filing to be necessary.

WARNINGCivil cases

Exhibits that are nonconfidential in their entirety should not be filed under seal at all.

Exhibits that are nonconfidential in their entirety should not be filed under seal at all.

WARNINGCivil cases

Redactions should be targeted to redact only that information.

Redactions should be targeted to redact only that information.

INFOCivil cases

Cooperation on redactions does not constitute agreement on confidentiality

Cooperating to file the publicly available version shall not be deemed as agreeing that the redacted information is confidential.

INFOCivil cases

Redacted versions not required for exhibits to sealed documents

The parties need not file redacted versions of exhibits to such documents.