10JDCR 3.6

(a) Documents that will be filed under seal without a court order. The following documents will be filed under seal without a court order:

(1) Financial declarations;

(2) Applications to waive filing fees or costs;

(3) CASA reports;

(4) Custodial evaluations;

(5) Guardianship Confidential Identification Information forms and photo identification; and Investigation Reports;

(6) Medical reports and records, including without limitation, substance abuse evaluations, mental health evaluations, and psychosexual evaluations;

(7) Motions for court funds to pay indigent criminal defendant investigative expenses, expert fees, or other costs or fees and any resulting order;

(8) Tax documents;

(9) Documents identified by any statute, rule, or order as confidential and nonpublic, presumptively confidential and nonpublic, or for which automatic sealing is provided; and

(10) Documents required to be filed under seal, or allowed to be filed under seal without a motion by any statute, regulation, or rule.

(b) Motion. Any pleadings or papers a party wants filed under seal must be delivered to the judicial clerk with a motion for leave to file the documents under seal unless filing under seal is required or permitted by statute, rule, or order. If any pleadings or papers are filed under seal under a prior court order, the pleading or paper must state on the first page, directly under the case number: “FILED UNDER SEAL UNDER COURT ORDER DATED [MONTH, DAY, YEAR].”

(c) Process. All pleadings or papers filed with a motion to seal will be filed under seal and will remain sealed until the court either denies the motion to seal or enters an order unsealing them.

(d) Unsealing pleadings or papers. The court may, upon motion or on its own, direct the unsealing of pleadings or papers filed under seal, with or without redactions, after notice to all parties and an opportunity to be heard.

(e) Certificate, affidavit, or declaration of service. A party who files a document under seal in a noncriminal case must include with the document:

(1) A certificate, affidavit, or declaration of service certifying that the sealed document was served and the method of service on the opposing party; or

(2) An affidavit or declaration that shows good cause why the document has not been served on the opposing party.