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Rule 1.11 - Sealing in a Civil Action

(a) PRESUMPTION OF PUBLIC ACCESS. Sealing a docketed item, including a settlement agreement, used in the adjudication or other resolution of a claim or defense requires a reason sufficiently compelling to overcome the presumption of public access. Sealing is not authorized by a confidentiality agreement, a protective order, a designation of confidentiality, or a stipulation.

(b) MOTION TO SEAL. A motion to seal an item:

(1) must include in the title "Motion to Seal Under [Statute, Rule, or Order]" or, if no statute, rule, or order applies, "Motion to Seal";

(2) must describe the item;

(3) must establish

(A) that filing the item is necessary,

(B) that sealing the item is necessary, and

(C) that using a redaction, a pseudonym, or a means other than sealing is unavailable or unsatisfactory;

(4) must include a legal memorandum;

(5) must propose a duration for the seal;

(6) must state the name, mailing address, email address, and telephone number of the person authorized to retrieve a sealed, tangible item;

(7) must certify the name, mailing address, email address, and telephone number of any non-party the movant knows or reasonably should know has an interest in establishing or maintaining the seal and the day on which, and the means by which, the movant served or otherwise delivered the motion to the non-party; and

(8) must include the item, which is sealed pending an order resolving the motion.

(c) SUPPORTING OR OPPOSING A MOTION TO SEAL. Within fourteen days after service or other delivery of a motion to seal, any party or non-party interested in establishing or maintaining the seal may file a memorandum supporting the seal. Within twenty-one days after the filing of the motion to seal, any party or non-party opposing the motion may respond. Neither the memorandum nor the response may exceed seven pages. 

(d) STAYING AN ORDER DENYING A MOTION TO SEAL. An order denying a motion to seal is automatically stayed for fourteen days to permit a motion to reconsider, for review, to withdraw the item, or for other relief.

(e) EXPIRATION. Unless an order states another time, a seal under this rule expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires.