D.C.COLO.LCrR 47.1

(a) Policy. Unless restricted by statute, rule of criminal procedure, these rules, or

court order, the public shall have access to all cases and documents filed with

the court and all court proceedings. However, pleadings or documents filed

under restriction shall not be accessible or viewable electronically in CM/ECF.

A person with the right to access a restricted pleading or document may

request a paper copy from the clerk.

(b) Levels of Restriction. Unless otherwise ordered, there are four levels of

restriction. Level 1 limits access to the parties and the court. Level 2 limits access

to the filing party, the affected defendant(s), the government, and the court. Level

3 limits access to the filing party and the court. Level 4 limits access to the court.

(c) Motion to Restrict. Unless otherwise ordered, a motion to restrict public access

shall be open to public inspection. The motion shall identify the case, the

document, or the proceeding for which restriction is sought. The motion shall be

accompanied by a brief that is filed as a restricted document. The brief shall:

(1) identify the case, document, or the proceeding for which restriction is

sought;

(2) address the interest to be protected and why such interest outweighs the

presumption of public access (stipulations between the parties or

stipulated protective orders with regard to discovery, alone, are insufficient

to justify restriction);

(3) identify a clearly defined and serious injury that would result if access is

not restricted;

(4) explain why no alternative to restriction is practicable or why only

restriction will adequately protect the interest in question (e.g., redaction,

summarization, restricted access to exhibits or portions of exhibits); and

(5) identify the level of restriction sought.

(d) Public Notice of Motions to Restrict; Objections. Notice of the filing of such

motion shall be posted on the court’s website on the court business day following

the filing of the motion. Any person may file an objection to the motion to restrict

no later than three court business days after posting. Absent exigent

circumstances, no ruling on a motion to restrict shall be made until the time for

objection has passed. The absence of objection alone shall not result in the

granting of the motion.

(e) Filing Restricted Documents. A document subject to a motion to restrict shall

be filed as a restricted document, and shall be subject to restriction until the

motion is determined by the court. If a document is filed as a restricted document

without an accompanying motion to restrict, it shall retain the restriction selected

by the filer for 14 days. If no motion to restrict is filed within such time period, the

access restriction shall expire and the document shall be open to public

inspection.

(f) Documents Subject to Presumptive Restriction. The following documents

shall be filed subject to the specified presumptive restriction levels without the

order of a judicial officer:

(1) Documents that shall be filed with Level 2 restriction (access limited

to the filing party, the affected defendant(s), the government, and the

court):

(A) Pretrial Services reports (bail reports) and pretrial release status

reports.

(B) Petitions for the issuance of summonses or arrest warrants involving

petitions for revocation of pretrial release or for compliance reviews

of pretrial release effective on service of the summons or execution

of the warrant.

(C) Presentence reports, sentencing recommendations, and addenda

and related documents, including correspondence or other

documents related to sentencing, including letters, reports,

certificates, awards, photographs, or other documents pertaining to

the defendant.

(D) Probation or supervised release violation reports.

(E) Statements of reasons in judgments in criminal cases.

(F) Information provided by a person or entity posting bond.

(2) Documents that shall be filed with Level 3 restriction (access limited

to the filing party and the court):

(A) Unexecuted bond revocation orders and supporting documents.

Unless otherwise ordered, this restriction shall expire on the

execution of the order.

(B) Documents and orders under the Criminal Justice Act. Unless

otherwise ordered, this restriction shall expire on the entry of final

judgment.

(C) Indictments. Unless otherwise ordered, this restriction shall expire

on the earlier of the arrest or initial appearance of the first or only

defendant.

(3) Documents that shall be filed with Level 4 restriction (access limited

to the court):

(A) Petitions for summonses or arrest warrants based upon petitions for

revocation of probation or supervised release. Unless otherwise

ordered, this restriction shall expire on the service of the summons

or execution of the warrant.

(B) Issued, but unserved, petitions for the issuance of summonses or

arrest warrants involving petitions for revocation of pretrial release

or for compliance reviews of pretrial release. Unless otherwise

ordered, this restriction shall expire on the service of the summons

or execution of the warrant.

(g) Cases Subject to Presumptive Restriction. A case (including the docket sheet,

case number and caption) initiated by any of the following documents shall be

filed under Level 4 restriction:

(1) Unexecuted summonses and warrants of any kind and supporting

documents. Unless otherwise ordered, this restriction shall expire on the

execution of the summonses or warrants.

(2) Pen register and trap/trace orders and supporting documents. This

restriction shall remain in effect unless otherwise ordered.

(3) Orders and supporting documents under 18 U.S.C. § 2703(d). Unless

otherwise ordered, this restriction shall expire after 90 days.

(4) Title III and clone pager orders and supporting documents. This restriction

shall remain in effect unless otherwise ordered.

(5) Grand Jury material and other documents with restricted access pursuant

to statute. This restriction shall remain in effect unless otherwise ordered.