US · rules
E.D. Cal. L.R. 141.1
Orders Protecting Confidential Information
(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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