[2/1/2020]
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
Procedures for Filing Documents
Under SEAL
[2/1/2020]
SEALED DOCUMENTS 2020
Pursuant to Local Rule 5005-1(A) (4), requests seeking authorization by the court for
filing documents under seal shall be filed electronically by registered CM/ECF users
with full filing privileges and conventionally by all other filers, including registered
CM/ECF users with limited electronic filing privileges. Records or other court
documents shall be sealed only upon order of the court directing the clerk as to the
length of time during which the records shall remain sealed.
A document that is filed under seal is restricted and will not be accessible for public
viewing. However, the corresponding docket text entry will be viewable. Only the
judge, designated court staff, filer of the document, and any other party as ordered by
the court will have access to view a document under seal.
Orders denying requests to seal documents will set forth the manner in which the filed
documents will be disposed.
CONVENTIONAL FILING PROCEDURES
Submit the following:
• Local Form “Cover Sheet to Accompany Item Conventionally Submitted for Sealing
or In Camera Review” shall accompany any document submitted for sealing.
• Motion for leave to file a document under seal.
[If the motion itself must be sealed, the requested relief must be included in the
motion and indicated on the local form cover sheet.]
• Sealed document must be placed in a securely sealed envelope/box clearly
marked with the warning DOCUMENT UNDER SEAL. Compliance with this
provision is required.
NOTE: Sealed documents being filed pursuant to a previously entered court order,
must be accompanied by Local Form “
Cover Sheet to Accompany Item
Conventionally Submitted for Sealing or In Camera Review” along with a copy of
the order directing sealing (unless order itself is sealed).
[2/1/2020]
SEALED DOCUMENTS 2020
ELECTRONIC FILING PROCEDURES
Submit the Following:
• Motion for leave to file a document under seal must be filed by selecting the
CM/ECF event: Seal, which can be located under Bankruptcy or Adversary
>Motions/Applications menu. Display prompts that are selected during
the filing of the motion will determine whether the motion itself will also
be sealed.
• Proposed Order - After filing the motion, a proposed order must be uploaded
in electronic format (PDF) using the E-orders program in CM/ECF.
• Sealed document shall be filed by selecting the CM/ECF event: Sealed
Document, which can be located under Bankruptcy or Adversary >Other menu.
A notice of electronic filing (NEF) containing the docket text entry will be
sent to all registered CM/ECF case specific participants. However, only the filer of
the document will be able to view the sealed document image via the link.
• Sealed Document Event requires the linking of the sealed document to a
previously filed motion for leave to file a document under seal or a prior order.
• Sealed Document Event must also be selected when filing a sealed document
pursuant to a prior court order authorizing the document to be filed under seal.
** IMPORTANT ** FAILURE TO FILE A SEALED DOCUMENT USING THE CM/ECF EVENT
CODES SPECIFICALLY DEDICATED FOR FILING SUCH DOCUMENTS
WILL RESULT IN THE DOCUMENT BEING PLACED ON THE COURT
DOCKET AND VIEWABLE TO THE PUBLIC.
Dedicated CM/ECF Events:
• Seal (located under - Bankruptcy/Adversary>Motions/Applications)
Purpose: For filing a Motion to File Document Under Seal
[prompts will allow motion to be filed Sealed or Unsealed]
• Unseal (located under - Bankruptcy/Adversary>Motions/Applications)
Purpose: For filing a Motion to Unseal a Sealed Document
• Sealed Document (located under Bankruptcy/Adversary>Other)
Purpose: For filing a Sealed Document [Not Available for
Public Viewing].
SEALED DOCUMENTS 2020
RED SCREENS:
To ensure that the correct CM/ECF event code is selected when filing a SEALED
document, the docket entry screen will turn RED during the filing process prior
to the final submit screen being selected. If the screen DOES NOT turn red,
immediately STOP and begin the filing process over.
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SEALED DOCUMENTS 2020
SUMMARY
E-FILED SEALED DOCUMENTS IN PUBLIC/NON-SEALED CASES
• Use only the dedicated CM/ECF events as indicated on page three of
these procedures. Usage of any other CM/ECF event will result in the
document being placed on the court docket and available for public
viewing.
• Only the judge, designated court staff, the party filer, and any other
party as ordered by the court will have access to view Sealed
Document(s).
• Although case-specific CM/ECF registered users will receive a Notice of
Electronic Filing (NEF) of the filing of a Sealed Document(s), other than
the party filer, no party will be able to access the actual PDF image of
the sealed document through the Notice of Electronic Filing (NEF) or
via ECF/PACER.
• A document filed under seal will remain sealed by order of the court.
• When selecting the correct CM/ECF event code for filing sealed
document(s), the docket entry screen will turn RED during the filing
process. If the screen DOES NOT turn RED, immediately STOP and begin
the filing process over.
• The Sealed Document event requires the linking of the sealed
document to a previous entry on the court docket. USE CAUTION when
creating a link/relationship to a docket entry and in naming a PDF
document, as this could reveal sealed information in the new public
docket entry.
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SEALED DOCUMENTS 2020
MOTION TO SEAL
1. Under Bankruptcy Events select the menu: Motions/Applications
2. Enter the case number. Click [Next].
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3. Select the appropriate event. Click [Next].
4. Select the filer(s). Click [Next].
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5. Attach your PDF document(s). Click [Next]
6. Select the applicable radio button. Click [Next]
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7. If No; Proceed to final docket text entry, absent the red screens. Click [Next]
8. If Yes; the following message is displayed. Click [Next]
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9. Initial Red Display Message Screen. Click [Next].
10. Docket Text: Modify as Appropriate. Click [Next].
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11. Final Docket Text. Click [Next].
12. Notice of Electronic Filing [NEF].
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SEALED DOCUMENT [NOT AVAILABLE FOR PUBLIC VIEWING]
The Sealed Document event will require linkage to a Motion to Seal or to a previously entered
order.
1. Under Bankruptcy Events select the menu: Other
2. Select the appropriate event. Click [Next]
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3. Select the filer(s). Click [Next].
4. Attach your PDF document(s). Click [Next]
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5. The following display message will appear:
NOTE: Initial RED Display Message Screen will appear.
6. Select the appropriate docket entry(s) (e.g., motion to seal, prior order) to which
your sealed document relates. Click [Next]
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7. Click [Next]
8. Final Docket Text. Click [Next]
9. Notice of Electronic Filing [NEF]