Monday, March 27, 2023

LR 26.4: Protective Order on Ground of Privilege or Other Protection

(a) Motions for Protective Orders.

(1) This rule governs motions for protective orders based on a claim that information is privileged or subject to protection. It does not apply to a motion for a protective order on other grounds. The motion must:

(A) state the claim that information, otherwise discoverable, is either privileged or subject to protection, and

(B) without revealing privileged or protected information, describe the nature of the documents, communications, or things not produced or disclosed, to enable the Court to assess application of the privilege or protection.

(2) A party or other person may not file or tender to the clerk an item proposed for sealing under a protective order unless the Court enters a protective order authorizing sealing.

(b) Filing Protected Material. If a motion for protective order is granted, protected material shall not be filed with the Clerk except:

(1) when it provides factual support for a motion, response or reply. The party or other person relying on the material must file only the germane portion of it as an exhibit or attachment to the motion, response or reply.

(2) if it is read or otherwise used during a trial or other proceeding. The party or other person relying on the material must file it at the conclusion of the trial or other proceeding in which it was used or at a later time that the Court permits.

(3) on order of the Court.

(4) if privileged or protected material not previously filed is needed for an appeal, the party or other person with custody of the material must file it either by stipulation or court order.

(c) Sealing, Unsealing, and Disposition of Material. LR 5.3(d)-(e) govern the method of filing sealed items, unsealing, and disposition of sealed material.

COMMENT: Sealed settlement agreements are covered under LR 5.3(b)(1).

Filing of depositions under seal is covered under LR 26.2(b).

Stipulated protective orders must be submitted as directed in the ECF Policies and Procedures (Appendix ECF to these rules).

The retention of protected material is addressed in Appendix ECF.

April 1, 2021