S.D. Miss. L.U. Civ. R. 79

(a) Court Records Presumptively in Public Domain. Except as otherwise provided

by statute, rule, including FED. R. CIV. P. 5.2, or order, all pleadings and other

materials filed with the court (“court records”) become a part of the public record

of the court.

(b) Documents Filed with the Court. Every document used by parties moving for or

opposing an adjudication by the court, other than trial or hearing exhibits, must be

filed with the court. No document may be filed under seal, except upon entry of an

order of the court either acting sua sponte or specifically granting a request to seal

that document. Any order sealing a document must include particularized findings

demonstrating that sealing is supported by clear and compelling reasons and is

narrowly tailored to serve those reasons. A statute mandating or permitting the

non-disclosure of a class of documents provides sufficient authority to support an

order sealing documents.

(c) Sealed Orders. A judicial officer may seal a court order, including an order to seal

documents and related findings, when sealing a court order meets the standard for

sealing a document.

(d) Stipulations, Confidentiality, and Protective Orders Insufficient. No document

may be sealed merely by stipulation of the parties. A confidentiality order or

protective order entered by the court to govern discovery will not qualify as an

order to seal documents for purposes of this rule. Any document filed under seal in

the absence of a court order to seal may be unsealed without prior notice to the

parties.

(e) Procedure for Filing Documents Under Seal or Sealing a Case

(1) A party submitting a document or portion of a document for filing under

seal under a governing statute, rule, or order must note on the face of the

document that it or a portion of it is filed under seal under that statute, rule,

or order (specifying the statute(s), rule(s) or order(s) relied upon). The clerk

will provide public notice by stating on the docket that the document

contains sealed material.

(2) Any document not covered by section (e)(1) and filed with the intention of

being sealed must be accompanied by a motion to seal. The clerk will

provide public notice by docketing the motion in a way that discloses its

nature as a motion to seal. The document and any confidential memoranda

will be treated as sealed pending the outcome of the ruling on the motion.

Any filing unaccompanied by a motion to seal will be treated as a public

record.

(3) Any motion to seal must be accompanied by a non-confidential supporting

memorandum, a notice that identifies the motion as a sealing motion, and a

proposed order. A party may also submit a confidential memorandum for in

camera review. The non-confidential memorandum and the proposed order

must include:

(A) A non-confidential description of what is to be sealed;

(B) A specific request that the document or case:

(1) Be sealed from any access by the public and the litigants’

counsel;

(2) Be sealed from public access only, with CM/ECF access

permitted to the litigants’ counsel; or

(3) Be sealed only from public access in CM/ECF, but available

for public viewing at one or more terminals located within

the Clerk’s office.

(C) A statement of why sealing is necessary, why the specific character

of sealing set forth in subparts (1)–(3) above is most appropriate,

and why another procedure will not suffice;

(D) References to governing case law; and

(E) Unless permanent sealing is sought, a statement of the period of

time the party seeks to have the matter maintained under seal and

how the matter is to be handled upon unsealing.

(F) The proposed order must recite the findings required by governing

case law to support the proposed sealing. Any confidential

memoranda will be treated as sealed pending the outcome of the

ruling on the motion.

(f) Duration of Sealing. Court records filed under seal in civil actions will be

maintained under seal until otherwise ordered by the court.

(g) Non-Filed Documents. Nothing in this Local Rule limits the ability of the parties,

by agreement, to restrict access to documents which are not filed with the court.