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Tuesday, November 04, 2014

Ind. Courts - SD Ind. proposed revisions to local rules re filing under seal

The USDC, SD Ind. has published a notice, dated Oct. 31st, re revision of certain Local Rules. Comments are due by Nov. 30th.

Many of the proposed changes relate to filing under seal in civil cases (Local Rule 5-11) and filing under seal in criminal cases (Local Rule 49-1-2). The text of the existing rules is not shown shown, but the current rules are available here.

The comments accompanying the proposed revisions:

Local Rules Advisory Committee Comments Re: 2014 Amendment

The 2014 revision includes a more detailed procedure for obtaining permission from the Court to maintain filed documents under seal in civil matters; filings under seal in criminal matters is the subject of new Local Criminal Rule 49.1-2. Under the new procedure, the parties are encouraged to consider and confer regarding redaction whenever practical and possible to avoid multiple filings of the same document and unnecessary motion practice. Parties should note that a protective order does not authorize a party to file or maintain a document under seal. In addition, the rule encourages the parties to follow Seventh Circuit guidance on the legal parameters for maintaining documents under seal as enunciated in cases such as City of Greenville, Illinois v. Syngenta Crop Protection, LLC, No. 13-1626, Slip Opinion (7th Cir. Aug. 20, 2014); Bond v. Utreas, 585 F.3d 1061 (7th Cir. 2009); Baxter International, Inc. v. Abbott Laboratories, 297 F.3d 544 (7th Cir. 2002); and Eads v. Prudential Ins. Co. of Am., Cause No. 1:13-cv-1209-TWP-MJD, Order to Show Cause (S.D. Ind. Aug. 5, 2014).

New Local Criminal Rule 49.1-2 replaces Local Rule 5-11 for filing cases and/or documents under seal in criminal matters and includes a list of documents that may be filed under seal without a motion and a detailed procedure for obtaining permission from the Court to maintain cases and filed documents under seal. Whenever practical, the parties should confer regarding redaction in lieu of filing sealed documents. In addition, the rule encourages the parties to follow Seventh Circuit guidance on the legal parameters for maintaining cases and documents under seal.

Posted by Marcia Oddi on November 4, 2014 09:18 AM
Posted to Indiana Courts