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ANALYSIS: Eyes on Your Own Paper! Motion-to-Seal Reform May Come

Jan. 14, 2022, 10:00 AM

A recent proposal from the Sedona Conference seeks to remedy a counterintuitive process now in place in many district courts where one party must draft and file a motion justifying the confidentiality and sealing of the opposing party’s documents.

If adopted by federal courts, the legal research and advisory group’s proposed mechanism would streamline and standardize the process surrounding the filing of confidential documents.

In the meantime, it is smart practice for litigators to head this issue off early in their cases and to know the local rules that apply.

Filers, Not Designators, Are Shouldering the Burden

Individual federal courts ...

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