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E.D. Cal. L.R. 141.1

Orders Protecting Confidential Information

activein force · 2026-02-23 – presentact-effective-date

(a) Presumption of Public Access; Limits to Protection.

(1) All information provided to the Court in a specific action is

presumptively public, but may be sealed in conformance with L.R. 141. Confidential

information exchanged through discovery, contained in documents to be filed in an action,

or presented at a hearing or trial otherwise may be protected by seeking a protective order

as described herein.

(2) A protective order is entered without prejudice to any rulings made

in a different lawsuit or dispute, and the determination in an action in this Court does not

bind other courts.

(b) Mechanics of Obtaining a Protective Order.

(1) Non-Trial Civil and Criminal Protective Orders. Either the person

possessing or the party seeking information to be protected may move the Court for a

protective order pursuant to L.R. 230, 251, or 430.1 or may submit a proposed stipulated

protective order signed by all parties and the person possessing the information in

accordance with L.R. 143. See L.R. 302(c)(2). A protective order issued prior to trial does

not affect the admission of evidence at trial unless the order specifically so states.

(2) Protective Order for Civil Trial. A party seeking a protective order

relating to the admission of evidence at trial shall submit a stipulation or request with the

party’s pretrial statement. A non-party seeking a protective order for trial shall submit a

motion at or before the time for filing pretrial statements or promptly following discovery

of the need for the order. See L.R. 230, 281, 282.

(3) Protective Order for Criminal Trial. Before the trial confirmation

hearing in a felony or Class A misdemeanor case, either the person possessing or the

party seeking information to be protected may move the Court for a protective order

pursuant to L.R. 430.1 or may submit a proposed stipulated protective order signed by all

parties and the person possessing the information in accordance with L.R. 143. In any

other criminal action, a motion or proposed stipulated protective order shall be filed at

least fourteen (14) days prior to trial. See L.R. 450.

(c) Requirements of a Proposed Protective Order. All stipulations and

motions seeking the entry of a protective order shall be accompanied by a proposed form

of order. Every proposed protective order shall contain the following provisions:

(1) A description of the types of information eligible for protection under

the order, with the description provided in general terms sufficient to reveal the nature of

the information (e.g., customer list, formula for soda, diary of a troubled child);

(2) A showing of particularized need for protection as to each category

of information proposed to be covered by the order; and

(3) A showing as to why the need for protection should be addressed by

a court order, as opposed to a private agreement between or among the parties.

(d) Hearing on Civil or Criminal Protective Orders. The Court may order that

the person for whose benefit a protective order is sought shall attend a hearing, in camera

or in open court, to discuss the necessity for the protective order.

(e) Filing Documents Subject to Protective Order. Documents that are the

subject of a protective order may be filed under seal only if a sealing order is first obtained

in compliance with L.R. 141.

(f) Closed Actions. Once the Clerk has closed an action, unless otherwise

ordered, the Court will not retain jurisdiction over enforcement of the terms of any

protective order filed in that action.

Provenance

Source
www.caed.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
e9c3e036334c0e8496d15548ae1b5c173e81070526c48b6d093a832194bfa92e
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