4th Cir. R. 25(b)

(1) Use of Email or Facsimile. Documents may be transmitted for filing by use of email or

facsimile only when an emergency situation exists and advance permission has been obtained

from the clerk's office. Several printing services in Richmond will accept documents by

email or facsimile for in-person filing with the Court. Their telephone numbers may be

obtained from the clerk's office. When a copy is filed by email or facsimile, the original,

signed document need not be filed.

(2) Service. Documents filed by email or facsimile must be served outside the CM/ECF system in

accordance with FRAP 25(c), and proof of service is required in accordance with FRAP

25(d). Except as otherwise provided by local rule or Court order, service on a party

represented by counsel must be on all counsel of record.

Local Rule 25(c) Confidential and Sealed Materials.

(1) Certificates of Confidentiality. At the time of filing any appendix, brief, motion, or other

document containing or otherwise disclosing materials held under seal by another court or

agency, counsel or a pro se party shall file a certificate of confidentiality.

(A) Record material held under seal by another court or agency remains subject to that seal

on appeal unless modified or amended by the Court of Appeals.

(B) A certificate of confidentiality must accompany any filing which contains or would

otherwise disclose sealed materials. The certificate of confidentiality shall:

(i) identify the sealed material;

(ii) list the dates of the orders sealing the material or, if there is no order, the lower court

or agency's general authority to treat the material as sealed;

(iii) specify the terms of the protective order governing the information; and

(iv) identify the appellate document that contains the sealed information.

(2) Motions to Seal. Motions to seal all or any part of the record are presented to and resolved

by the lower court or agency in accordance with applicable law during the course of trial,

hearing, or other proceedings below.

(A) A motion to seal may be filed with the Court of Appeals when:

(i) a change in circumstances occurs during the pendency of an appeal that warrants

reconsideration of a sealing issue decided below;

(ii) the need to seal all or part of the record on appeal arises in the first instance during

the pendency of an appeal; or

(iii) additional material filed for the first time on appeal warrants sealing.

(B) Any motion to seal filed with the Court of Appeals shall:

(i) identify with specificity the documents or portions thereof for which sealing is

requested;

(ii) state the reasons why sealing is necessary;

(iii) explain why a less drastic alternative to sealing will not afford adequate protection;

and

(iv) state the period of time the party seeks to have the material maintained under seal

and how the material is to be handled upon unsealing.

(C) A motion to seal filed with the Court of Appeals will be placed on the public docket for at

least 5 days before the Court rules on the motion, but the materials subject to a motion to

seal will be held under seal pending the Court's disposition of the motion.

(3) Filing of Confidential and Sealed Material.

(A) Appendices: When sealed material is included in the appendix, it must be segregated

from other portions of the appendix and filed in a separate, sealed volume of the

appendix. In criminal cases in which presentence reports are being filed for multiple

defendants, each presentence report must be placed in a separate, sealed volume that is

served only on counsel for the United States and for the defendant who is the subject of

the report.

(B) Briefs, Motions, and Other Documents: When sealed material is included in a brief,

motion, or any document other than an appendix, two versions of the document must be

filed:

(i) a complete version under seal in which the sealed material has been distinctively

marked and

(ii) a redacted version of the same document for the public file.

(C) Personal Data Identifying Information: Personal data identifying information, such as

an individual's social security number, an individual's tax identification number, a

minor's name, a person's birth date, a financial account number, and (in a criminal case)

a person's home address, must be excluded or partially redacted from filings in

accordance with FRAP 25(a)(5).

(D) Marking of Sealed and Ex Parte Material: The first page of any appendix, brief, motion,

or other document tendered or filed under seal shall be conspicuously marked SEALED

and all copies shall be placed in an envelope marked SEALED. If filed ex parte, the first

page and the envelope shall also be marked EX PARTE.

(E) Method of Filing:

(i) Appendices: Local Rule 30(b)(4) sets forth the number of paper copies required for

public and sealed volumes of the appendix. Sealed volumes are accompanied by a

certificate of confidentiality or motion to seal, in both paper and electronic form.

Electronic sealed volumes are filed using the entry SEALED JOINT APPENDIX or

SEALED SUPPLEMENTAL APPENDIX, which automatically seals the appendix for

Court access only.

(ii) Formal Briefs: Local Rule 31(d) sets forth the number of paper copies required for

public and sealed versions of formal briefs. The sealed version is accompanied by a

certificate of confidentiality or motion to seal, in both paper and electronic form. The

electronic sealed version of the brief is filed using the entry SEALED BRIEF, which

automatically seals the brief for Court access only.

(iii) Other Documents: Any other sealed document is filed electronically using the entry

SEALED DOCUMENT, which automatically seals the document for Court access

only. A certificate of confidentiality or motion to seal is also filed electronically.

(F) Method of Service: All sealed appendices, briefs, and documents must be served in paper

form, because only the Court can access the sealed electronic appendix, brief, or

document.

(G) Responsibility for Compliance: The responsibility for following the required procedures

in filing confidential and sealed material rests solely with counsel and the parties. The

clerk will not review each filing for compliance with this rule.

(H) Public Access: Unless filed under seal, case documents are publicly available on the

Internet, except that in immigration and social security cases, only the Court's orders and

opinions are available to the public on the Internet. Remote electronic access to other

documents in immigration and social security cases is available only to persons

participating in the case as CM/ECF filing users. Counsel should notify clients regarding

the availability of filings on the Internet so that an informed decision may be made on

what information is to be included in a public document filed with the Court.

Former I.O.P.-25.1 redesignated Local Rule 25(a) December 1, 1995; amended December 1, 1998, July 2, 2012,

October 1, 2015, December 9, 2019, and July 15, 2022.

Former I.O.P.-25.2 redesignated Local Rule 25(b) December 1, 1995; amended December 1, 1998, July 2, 2012,

December 9, 2019, and July 15, 2022.

Local Rule 25(c) adopted April 16, 2007, upon amendment and renumbering of Local Rule 10(d); amended April 1,

2008, December 1, 2009, July 2, 2012, and December 9, 2019.