M.D. Pa. L.Cr.R. 49

(a) Authorization required. Unless otherwise prescribed by federal statutes, the Federal

Rules of Criminal Procedure, the Federal Rules of Civil Procedure or other provisions of

these Rules, including LR 5.2(e), no document shall be filed under seal unless authorized

by an order of court.

(b) Definitions.

(1) Document “filed under seal”. A document filed under seal is a document that

is filed and docketed in the case but held by the Clerk separate from other documents

and not made available for inspection by any person except as permitted by order of

the court.

(2) Document “pending sealing decision”. A document pending sealing decision

is a document that has been submitted to the Clerk with a motion to file the document

under seal. Pending an order of the court deciding the motion to seal the document,

the document is kept separate from other documents and is not made available for

inspection by any person except as permitted by order of the court.

(c) Procedure.

(1) Motion to file a document under seal. A motion to file a document under seal

shall be filed on paper. The motion to file a document under seal shall contain no

description or identification of the document for which the sealing order is sought or

statement of reasons why the filing of the document under seal should be authorized.

(2) The presentation to the Clerk of the document(s) pending sealing decision.

When the motion is filed, the party filing the motion shall present to the Clerk’s Office,

on paper:

a. the document(s) for which the sealing order is sought,

b. a statement of the legal and factual justification for the sealing order that is

being sought, and

c. a proposed form of order.

The document(s), statement and proposed order shall be presented to the Clerk in a

sealed envelope marked with the case number, case caption and the descriptive label

of “Documents pending sealing decision.”

(3) Document authorized to be filed under seal by an existing court order. A

document authorized to be filed under seal by an existing court order shall be filed on

paper accompanied by the court order authorizing it to be filed under seal and

submitted in a sealed envelope marked with the case number, case caption, and the

words “sealed document.”

(d) Exempt documents. The Clerk shall in all cases, without motion, seal the following

documents:

(1) A defendant’s ex parte request for a subpoena, a writ of habeas corpus ad

testificandum, or authorization to obtain investigative, expert or other services in

accordance with subsection (e) of the Criminal Justice Act, 18 U.S.C. § 3006A(e).

(2) An ex parte request by the government for issuance of a writ of habeas corpus

ad testificandum.

(3) Any writ issued in response to a request under subparagraph (1) and (2).

(4) A request in a criminal case by the defendant for substitution of appointed

counsel.

(e) Motion to unseal. It shall be the duty of the party who obtained an order to file under

seal to move to unseal the document as soon as the basis for the sealing order has

ended.

CHAPTER V

GENERAL PROVISIONS