Filing Sealed Documents in Public/Non-Sealed Civil Cases (for

U.S. District Court – Middle District of Florida Filing Civil Documents Under Seal for Lawyers

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Filing Sealed Documents in Public/Non-Sealed Civil Cases (for Lawyers)

This document provides step-by-step instructions for lawyers to electronically file sealed documents in

a public/non-sealed civil case. Failure to follow these instructions could result in the inadvertent filing of

a public document.

Effective November 7, 2022, the Middle District of Florida’s CM/ECF Administrative Procedures require

lawyers to electronically file sealed documents in non-sealed cases using CM/ECF.

Under Local Rule

1.11, a lawyer must obtain the court’s permission before filing any sealed civil document.

This procedure should only be used when filing a Motion to Seal or when an order from the court

permits the filing of a document under seal. Refer to the Overview

section for details.

IMPORTANT: When electronically filing a sealed document, you must use the events from the Sealed

Events menu (image below), or your document will not be filed under seal. If you are filing a

document that is both ex parte and sealed, you must submit the document through the Court’s Web

Portal or in paper format.

If the entire case is sealed, counsel must file all documents using the Court’s Web Portal or in paper

format. In addition, pro se filers who have been granted e-filer access must file sealed documents

using the

Court’s Web Portal or continue to file sealed documents in paper format.

U.S. District Court – Middle District of Florida Filing Civil Documents Under Seal for Lawyers

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OVERVIEW: Filing Sealed Civil Documents

Motion to Seal

Under Local Rule 1.11 –Sealing in a Civil Action, you must obtain the court’s permission before filing

a document under seal, even if a statute or rule authorizes the filing of a particular document under

seal. To obtain permission, file a Motion to Seal using the Sealed Events menu (

click here for

instructions).

IMPORTANT: The proposed item for sealing is separately attached to the Motion to Seal under

Attachments and described as “proposed sealed item.” The Motion to Seal, the docket entry, docket

text, and description of attachments will be available to the public while the separately attached

proposed item is sealed and only available to the court.

E-Filing Sealed Documents

After the court grants a motion to seal, the requesting party must electronically file the sealed

document in CM/ECF using the sealed docketing events (click here for instructions

). For example, if

you have permission to file a “motion to dismiss” under seal, you must file the motion to dismiss using

the “Sealed Motion” event under the Sealed Events menu. Likewise, if you have permission to file an

“exhibit” to a summary judgment motion under seal, you must file your summary judgment motion using

the regular “Summary Judgment” motion, and then separately file the sealed exhibit using the “Sealed

Document” event under the Sealed Events menu and link it to your summary judgment motion.

Public Access

A sealed document filed in CM/ECF cannot be viewed on PACER or on the Clerk’s Office public

terminals by anyone other than authorized Court personnel.

Service of Sealed Documents

Documents electronically filed under seal are not accessible through the NEF. The filing party is

therefore responsible for serving all sealed documents and attachments on opposing counsel by other

means. A certificate of service must be included with every sealed filing and a copy of the NEF

should be served with the sealed document.

Available Events

Only documents properly filed using specific sealed document events are SEALED upon submission.

The events are located under Sealed Events on the CM/ECF Civil menu.

• Motion to Seal

o The Motion to Seal, the docket entry, docket text, and description of attachments will be

available to the public while the separately attached proposed sealed item is sealed.

U.S. District Court – Middle District of Florida Filing Civil Documents Under Seal for Lawyers

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o Attach the item proposed for sealing separately under Attachments and describe

using the Category drop-down, “Proposed Sealed Item.”

o Mark the proposed item with the sealed restriction

o CM/ECF will e-mail to counsel a Notice of Electronic Filing (NEF), but the NEF’s

hyperlink to the document(s) will not provide access to the sealed document. You must

serve the sealed document by other means.

When docketing all other events from the Sealed Events menu, the document itself will be sealed

automatically and accessible only by the court, while the docket entry and docket text will be viewable

by the public. Upon filing the sealed document, CM/ECF will e-mail to counsel a Notice of Electronic

Filing (NEF), but the NEF’s hyperlink to the document will not provide access to the sealed document.

You must serve the sealed document by other means.

• Sealed Document

• Sealed Motion

• Sealed Response/Reply

If you have been granted permission to file a document under seal you must use the Sealed

Document, Sealed Motion, or Sealed Response/Reply event to file your sealed document. Any

sealed item that is not a motion or response/reply should be filed using the Sealed Document event.

You can link your sealed document to an existing docket entry but USE CAUTION when doing so.

Although the document itself will be sealed, the docket entry, docket text, and description of

attachments can be viewed by the public.

STEP-BY-STEP-INSTRUCTIONS: File a Motion to Seal

1. Begin by filing your Motion to Seal by selecting the CM/ECF Civil menu and then Sealed

Events.

U.S. District Court – Middle District of Florida Filing Civil Documents Under Seal for Lawyers

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2. Click to highlight and select the Motion to Seal event under Available Events. The selected

event will display under Selected Events.

3. Enter the case number. A partial case number can be entered. When presented with a list of

cases, click the box to select the applicable case.

4. Verify Case Caption/Number Screen. If accurate, click Next.

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5. Click to highlight and select the Filer(s). Hold the “Ctrl” key to select multiple non-contiguous

parties.

The party/attorney association screen will appear only when the filing attorney is not already

associated with the selected party. If accurate, leave the default Notice selection checked. If

the filing attorney is lead counsel, mark “Lead” with a check and click Next. If the association

should not be created, start over.

6. Review the prompt and click the radio button to select yes or no. If you are seeking leave to

file an entire civil case under seal, you must stop and use the regular civil Motion to Seal

Case event.

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7. Click the radio button to select the type of document you are seeking to file under seal.

8. Attach your document(s). Click the Browse button to navigate to your saved .pdf document

and attach your Motion to Seal as the Main Document. Upload the proposed item for sealing

separately under Attachments. Select “Proposed Sealed Item” from the Category drop-

down to describe the attachment. Upload additional documents under Attachments when

applicable.

Review the warning on the document attachment screen.

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9. Review the warning and verify that the sealed restriction box is marked with a check.

10. Review the warning and uncheck the sealed restriction from the Main Document (motion to

seal). Check the document attachment(s) that will be sealed.

11. Review warning.

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12. When applicable, select a descriptive prefix from the drop-down and/or add additional text in

the text boxes.

13. Verify the accuracy of the docket text, review the warning, and review source document

path. After you select Next, your document is filed and an NEF is sent. If you discover an

error on this screen, start over from the beginning. DO NOT use the Back button.

14. The NEF screen displays. All case participants registered for CM/ECF will receive the NEF

and will not be able to view the attached document(s). You must serve all sealed documents

by other means .

15. Proceed to the next section only after the court grants your motion for leave to file under seal.

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STEP-BY-STEP INSTRUCTIONS: File a Sealed Document

1. After the court has granted permission to file a document under seal (i.e., your motion to seal is

granted), begin filing your sealed document by selecting the CM/ECF Civil menu and then

Sealed Events.

2. Click to highlight and select the applicable event under Available Events. The selected event

will display under Selected Events (“Sealed Document” is selected as an example in the image

below).

Note: Any sealed item that is not a motion or response/reply should be filed using the Sealed

Document event.

3. Enter the case number. A partial case number can be entered. When presented with a list of

cases, click the box to select the applicable case.

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4. Verify Case Caption/Number Screen. If accurate, click Next.

5. Click to highlight and select the Filer(s). Hold the “Ctrl” key to select multiple non-contiguous

parties.

The party/attorney association screen will appear only when the filing attorney is not already

associated with the selected party. If accurate, leave the default Notice selection checked. If

the filing attorney is lead counsel, mark “Lead” with a check and click Next. If the association

should not be created, start over.

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6. Answer the question, “Do you have permission from the Court to file this document under

seal pursuant to Local Rule 1.11?” You will be required to link your filing to the order or

minute entry granting permission to file under seal.

If No, STOP and file a Motion to Seal

If Yes, click the radio button to select “yes” and proceed to the next step.

7. The following prompt will only appear for the Sealed Response/Reply event. Click the radio

button to select the type of document you are filing.

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8. Review the warning on the document attachment screen for the Sealed Document, Sealed

Motion, and Sealed Response/Reply events. Attach your document(s). Click the Browse

button to navigate to your saved .pdf document and attach as the Main Document.

If you have additional sealed Attachments, upload under the Attachments section. USE

CAUTION when selecting the Category and/or adding a Description for Attachments.

Remember, the docket text will be visible to the public.

9. The Sealed Document, Sealed Motion, and Sealed Response/Reply events should link back

to the Order or minute entry granting permission to file the sealed item, when the order or

minute entry is available for selection. Please note that sealed docket entries will not be

available for selection. The linking screens vary in each event.

When filing the Sealed Document or Sealed Motion events, the filer will be prompted to select

the Order or minute entry granting permission to file under seal and will also have the option to

link the sealed document or motion to an additional, related docket entry. Check the box to view

the docket entry selection screen. On the docket entry selection screen, you may have to scroll

to locate the appropriate docket entry as every docket entry will display for selection or below,

use the Filed and/or Documents filters to narrow the search.

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The Sealed Response / Reply event will prompt the filer to select the motion(s) to which this

response/reply relates and the Order or minute entry granting permission to file under seal (and

additional docket entries when applicable). Check the box the view the docket entry selection

screen. On the docket entry selection screen, you may have to scroll to locate the appropriate

docket entry as every docket entry will display for selection or below, use the Filed and/or

Documents filters to narrow the search.

10. Docket entry selecting screen for linking. Check the box next to the applicable order or

minute entry granting permission to file under seal and when applicable, select additional docket

entries. When filing a Sealed Response/Reply, select the motion to which this response/reply

relates.

Note: Sealed docket entries will not display for selection. If all the related docket entries are

sealed, click the Back button and un-check the linking box (on the previous screen) in order to

move forward.

11. Review the warning message.

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12. Use Caution when entering descriptive text. The docket text is visible to the public. Select a

prefix when applicable from the drop-down and/or add additional text in the text boxes.

Sample docket text for the Sealed Document event:

Sample docket text of the Sealed Motion event:

Sample docket text for the Sealed Response / Reply event:

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13. Verify the accuracy of the docket text, review the warning, and review the source

document path. After you select Next, your document is filed and an NEF is e-mailed. If you

discover an error on this screen, start over from the beginning. DO NOT use the Back button.

14. The NEF screen displays. Remember, while all case participants will receive the NEF, sealed

documents are not accessible to the parties through the NEF. Therefore, you must serve all

sealed documents by other means. Print the NEF and serve it and the sealed document on

opposing counsel.

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Revision Log

Date

Comments

10/11/22 Procedure posted in preparation of 11/7/22 effective date. NAS

4/1/24 Updated to account for chages to Local Rule 1.11. NAS