Procedures for Filing and Service of Ex Parte and Sealed Documents in CM/ECF

In addition to the information below, please review the Court’s updated CM/ECF Administrative Guide for more information regarding the filing of sealed and ex parte documents.

Ex Parte Filings

Ex parte filings are filings intended to be seen by one side (the filer) and the court only.

Ex parte filings and docket text will ONLY be available to the filing counsel. If filed via CM/ECF, only filing counsel will receive a Notice of Electronic Filing (NEF).

Sealed Pleadings

When a sealed document is filed in a public civil or criminal case, notice (NEF) will be sent to any active counsel in the case or any pro se party with filing privileges. The public, parties to the case, and all counsel of record in the case will be able to view the docket entry but not the associated document.

In civil and criminal cases, the filing party or counsel will be responsible for serving the sealed pleading on any party required to be noticed. Said service shall occur through means outside of CM/ECF. Service may not be required. The filer makes this decision.

Below is a brief summary of OKED’s procedures regarding the filing of documents under seal:

1. Motion Request:  A party filing a Motion for Leave to File Documents Under Seal in a public case must file that motion electronically in CM/ECF. The motion should attach the proposed sealed document and provide general information regarding why such documents should be filed under seal. The filer should not attach exhibits for the proposed document unless directed to do so by the Court.
2. Proposed Order:  The filing party must email a proposed order to the Court's Intake box at:  CM-ECFIntake_oked@oked.uscourts.gov
3. Provision to Other Parties:  To the extent required, the filing party must simultaneously provide the document(s) it requests to be filed under seal and the Motion for Leave to File Documents Under Seal to all other parties in the case.
4. Order on Motion for Leave to File Documents Under Seal:
   
   • Order Granting Leave:  If the Court grants the motion, the assigned judge will enter electronically an order authorizing the filing of the document(s) under seal. The filing party may then file its document(s), under seal, using the CM/ECF system. The document will not be able to be viewed by the filing party or any party or counsel in the case after filing.
     
     • (In Civil Cases)  The assigned judge may also direct the Court Clerk to provide the sealed document to the counsel who have entered an appearance in the civil case (and whose appearance has not been terminated), including filing counsel.  Sealed court orders and notices will be served by the Court Clerk via U.S. Mail.
     • (In Criminal Cases)  It is the responsibility of the filing counsel or party to serve their sealed pleadings and attachments to opposing counsel through means outside of CM/ECF. Once filed, the document will not be viewable in CM/ECF, even by filing counsel. The certificate of service on the sealed filing should accurately reflect how the parties in the case were served, if at all. Sealed court orders and notices will be served by the Court Clerk via U.S. Mail.
   • Order Denying Leave:  If the Court denies the Motion for Leave to File Under Seal, the assigned judge will electronically enter an order denying the filing of the document(s) under seal.
5. Termination of Sealed Access:  A counsel’s or party’s right to obtain sealed documents in a case will be terminated when said counsel withdraws or the party is terminated from the case.