Review the Updated CM/ECF Administrative Guide for more information regarding the filing of sealed and ex parte documents;
Ex Parte documents and docket text will ONLY be available to the filing party. The filing party attorneys will receive a NEF.
When a sealed document is filed in a public civil case, notice will be sent to any active attorney in the case. The public will be able to view the docket entry but not the document. If the Court grants sealed privileges to counsel, all active attorneys in the public civil case will be able to view the document(s). In criminal cases, the filing attorney is responsible for serving their pleading and all attachments to opposing counsel through means outside of CM/ECF.
Below is a brief summary of OKED's procedure regarding the filing of documents under seal:
- 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 otherwise directed by the Court.
- Proposed Order: The party must email a proposed order to the Court's Intake box at: CM-ECFIntake_oked@oked.uscourts.gov
- Provision to Other Parties: 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.
- 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) using the cm/ecf system.
- (In Civil Cases) The assigned judge may also direct the Clerk to grant access to all attorneys who have entered an appearance in the civil case (and whose appearance has not been terminated) the ability to file and view sealed documents in that case (assuming this access has not previously been granted).
- (In Criminal Cases) It is the responsibility of the filing attorney to serve their sealed pleadings and attachments to opposing counsel through means outside of cm/ecf. The Certificate of Service on the sealed filing should accurately reflect how the parties in the case were served. Court Orders will be forwarded through the cm/ecf system and require the attorney's login and password to view the PDF.
- Order Denying Leave: If the Court denies the Motion for Leave to File Under Seal, the assigned judge will enter electronically an order denying the filing of the document(s) 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) using the cm/ecf system.
- Termination of Attorney Sealed Access: Attorney access to sealed documents in a case will be terminated when the attorney withdraws from the case or requests termination of such access to the sealed documents.
SEALED & EX PARTE FILING INSTRUCTIONS (Attorneys)