A. Definitions

The following definitions shall apply in interpreting this rule:

(1) A suppressed document is a document or an exhibit filed in a proceeding in this Court to which access has been restricted by a written order.

(2) A sealed document is a suppressed document which the court has directed is to be maintained within a sealed enclosure such that access to the document requires breaking the seal of the enclosure.

(3) A document awaiting expunction is a document or an exhibit in a proceeding which the court has ordered held for possible expunction pursuant to 21 U.S.C. 844(b)(2) but for which the period for holding prior to final destruction has yet to pass.

(4) A restricted document is a suppressed document or a document awaiting expunction.

(5) A protective order is an order which provides that certain documents or exhibits to be filed with the court at a future date may be filed as suppressed or sealed documents as determined by the order.

B. Clerk to Maintain Secure Filing Area for Restricted Documents

The clerk of the Court shall maintain or cause to be maintained restricted documents separately from the files of documents to which access has not been restricted. Any area used to store restricted documents shall be secure from entry by any persons other than the clerk of the Court or those clerks designated in writing by the clerk of the Court as authorized to maintain documents and have such access.

C. Order Suppressing Documents.

The court may on written motion and for good cause shown enter an order directing that one or more documents to be used in a proceeding be suppressed. The order shall specify the persons, if any, who are to have access to the documents without further order of court. In addition, the order shall specify one of the following:

(1) that the document is to be returned to a person specified in the order in the same fashion as is provided for in Rule 414, provided that, if the person to whom it is to be returned fails to remove the document after notice, it shall be destroyed by the clerk; or,

(2) the date or conditions under which the document is to be un-suppressed and made part of the public file of the proceedings; or

(3) that the clerk is to bring the matter of the disposition of the suppressed document to the court's attention following the closing of the case and either (a) the expiration of the time to file a notice of appeal, if no appeal was filed, or (b) If an appeal was filed, the filing of the mandate or final order resulting from the appeal, if the case is not reopened as a result of the terms of the mandate or order.

The order entered pursuant to this section shall set forth all qualifications as to access and disposition of the documents contained in the order.

D. Filing of Suppressed Documents

(1) Any documents tendered for filing under the terms of a protective order shall be subject to the prohibition against filing discovery materials provided for in Rule 406B of these rules.

(2) Where the materials tendered under protective order are tendered in a sealed enclosure, the following statement shall be written on the enclosure: This is not material relating to discovery.

(3) Materials accepted for filing as suppressed shall be maintained in a secure area until collected by one of the deputies designated in section B of this rule. Where the materials so accepted are being filed pursuant to a protective order, the clerk accepting them will stamp the cover of the document with a FILED stamp indicating the date of filing.

E. Docketing Suppressed Documents

Where a suppressed document is filed in a proceeding for which a docket is maintained, an entry will be made on the docket indicating that a suppressed or sealed document has been filed, but no further description will be made on the docket. Orders and minute orders directing the suppression or sealing of a document will be docketed in the usual manner.

F. Sealed Documents

(1) Where a document is ordered to be sealed, it is to be delivered for filing pursuant to section D of this rule with the seal on the enclosure intact. If the document is sent from the judge's chambers or returned from an appellate court with the seal broken, the clerk authorized to handle suppressed materials pursuant to section B of this rule will forthwith deliver the document to the judge to whose calendar the proceedings in which the sealed document was filed is assigned. If that judge is no longer sitting, the document will be delivered to the emergency judge. The judge receiving it will either order that the document be re-sealed, or order that it continue to be handled as a suppressed document, but not as a sealed document, or enter such other order as required to indicate the status of the document. Where the document is to be re-sealed, the judge or clerk will re-seal the document and transmit it to the clerk of the Court or clerk authorized to maintain restricted documents.

(2) Where, under the terms of a protective order, a party is permitted to inspect a sealed document and that party requests access to the document, one of the clerks authorized, pursuant to section B of this rule, to handle restricted materials will obtain the document and provide an area where the person may inspect the document, other than in the public area of the Clerk's Office. That clerk will complete a form showing the date, description of the document, the name of the person requesting access to the document, a statement indicating that the clerk has reviewed the protective order and determined that said order authorizes the person to inspect the document, and a statement that the clerk requested of, and was shown, identification by the person requesting access to the document. If that person wishes to break the seal and inspect the document, he or she must sign the form completed by the clerk to indicate that such person is authorized to inspect the document and has broken the seal. After the person has completed the inspection, the clerk will follow the procedures set forth in this section for handling the resealing of documents.

G. Disposition of Suppressed Documents

When a case is closed in which an order was entered pursuant to section C of this rule, the clerk shall, in compliance with the terms of the order, either return the suppressed document to the specified party, or un-suppress the document, or bring the document to the attention of the judge for a determination of the disposition of the document. Where the latter action is to be taken, the judge may enter an order specifying that the document is to be disposed of in one of the following ways:

(1) the clerk will return the document to a specified person in the same fashion as is provided for in Rule 414; or

(2) the document will be un-suppressed and made part of the public record of the proceedings; or

(3) where the document is in a case belonging to a class of cases in which records of proceedings are destroyed after a specified number of years after closing of the case pursuant to the then applicable Schedule for the Disposition of Court Records issued by the Administrative Office for the United States Courts, the clerk will maintain it as suppressed until the record of proceedings is destroyed and thereafter destroy it; or

(4) where the document is in a case belonging to a class of cases in which the records of proceedings are permanently retained pursuant to the Schedule for the Disposition of Court Records but is not a document of the class normally made part of the permanent record of proceedings, the clerk will maintain it as a suppressed document for an additional ten years and then destroy it; or

(5) where the document is in a case belonging to a class of cases in which records of proceedings are permanently retained pursuant to the Schedule for the Disposition of Court Records and is a document of the class normally made part of the permanent record of proceedings, either (a) the clerk of the Court will maintain it as a suppressed document for a period not exceeding 20 years at the end of which the document shall be un-suppressed and made a part of the public record of the proceedings; or (b) the judge will make a written finding that the document should never be unsuppressed and direct the clerk of the Court to maintain it as a suppressed document for a period not exceeding twenty years and, thereafter, to destroy it.

H. Documents Not Suppressed, Sealed, etc., are Public

All documents which are filed with the Court and are not suppressed, sealed, restricted, or awaiting expunction shall be part of the public record of the proceedings.

I. Forbidden Acts and Sanctions

Employees of the Court are forbidden to perform any of the following acts:

(1) entering an area designated for the storage of restricted documents without the authorization required by section B of this rule;

(2) assisting any person who is not authorized access pursuant to section B of this rule to an area designated for the storage of restricted documents to gain or to attempt to gain access to such an area;

(3) accepting for filing any suppressed document when not specifically authorized to do so pursuant to section D of this rule;

(4) permitting any person who is not specifically authorized to have access to a restricted document to examine such document, or to provide such person with a copy of such document; and

(5) leaving a restricted document unattended in an area other than one secured pursuant to sections B or D of this rule such that persons not authorized access to the document could readily gain access to it.

Such employees who knowingly perform any one or more of these acts set forth in section I shall be subject to disciplinary action, including dismissal, and such conduct will also constitute contempt of court. Attempts by persons who are not such employees to coerce or induce any employee of the Court to perform any one or more of these acts will also constitute contempt of court.

Committee Note: This rule is based on local General Rule 10, modified to omit matters and documents not before the Bankruptcy Court.