W.D.N.C. LCvR 6.1

(a) Scope of Rule. To further openness in civil case proceedings, there is a

presumption under applicable common law and the First Amendment that materials filed in this

Court will be filed unsealed. This Rule governs any party’s request to seal, or otherwise restrict public

access to, any materials filed with the Court or used in connection with judicial decision- making. As

used in this Rule, “materials” includes pleadings and documents of any nature and in any medium or

format.

(b) Filing under Seal. No materials may be filed under seal except by Court order,

pursuant to a statute, or in accordance with a previously entered Rule 26(e) protective order.

(c) Motion to Seal or Otherwise Restrict Public Access. A party’s request to file

materials under seal must be made by formal motion, separate from the motion or other pleading

sought to be sealed, pursuant to LCvR 7.1. Such motion must be filed under the designation

“Motion to Seal.” The motion must set forth:

(1) A non-confidential description of the material sought to be sealed;

(2) A statement indicating why sealing is necessary and why there are no

alternatives to filing under seal;

(3) Unless permanent sealing is sought, a statement indicating how long the

party seeks to have the material maintained under seal and how the matter is to be handled upon

unsealing; and

(4) Supporting statutes, case law, or other authority. To the extent the party

must disclose any confidential information in order to support the motion to seal, the party may provide

that information in a separate memorandum filed under seal.

(d) Filing of an Unredacted Copy Allowed. The party seeking to file material under

seal may submit an unredacted version of the material under seal for review by the Court along

with the motion to seal.

(e) Public Notice. No motion to seal or otherwise restrict public access shall be

determined without reasonable public notice. Notice is deemed reasonable where a motion is filed

in accordance with LCvR 6.1(c). Other parties, intervenors, and non-parties may file objections

and briefs opposing or supporting the motion within the time provided by LCvR 7.1 and may move

to intervene under Fed. R. Civ. P. 24. Where the Court acts before the response, any party or non-party may move to unseal at any time.

(f) Orders Sealing Documents. When addressing motions to seal, the Court must

consider alternatives to sealing. If the Court determines that sealing is necessary, it will state its

reasons with findings supporting its decision. The Court will also specify whether the sealing is

temporary or permanent, and also may redact such orders in its discretion.

(g) Filings Subsequent to Entry of an Order Sealing Documents. After entry of an

order permitting a filing under seal, materials filed pursuant to that order must be filed with a non-confidential description of the materials filed.

(h) Motions to Unseal. Nothing in this Rule limits the right of a party, intervenor, or

non-party to file a motion to unseal material. Such motion must state why the material should be

unsealed and any change in circumstances warranting unsealing.

(1) Case Closing. Unless permanent sealing was ordered by the Court, any

sealed case file or documents may be subject to unsealing by the Court upon the closing of the

case.

(2) Access to Sealed Documents. The Clerk of Court may provide access to

documents and cases under Court seal only pursuant to Court order.

(i) Impact on Designation of Confidential Materials. Nothing in this Rule limits the

parties’ ability, by agreement, to restrict access to discovery or other materials not filed with the

Court or to submit motions pursuant to Fed. R. Civ. P. 26(c) for a protective order governing such

materials.