Pro Se Handbook
– 4th Circuit Court of Appeals –
Volume 1 Chapter 4
Sealed & Confidential Materials
ITEM 1.4.01 | INTERNET AVAILABILITY OF DOCKET & DOCUMENTS
Due to the electronic availability of court documents, the federal rules prohibit including certain personal data identifiers in court filings. In addition, parties should not include any data in their filings that they would not want on the Internet. Counsel should advise their clients on this subject so that an informed decision can be made. Responsibility rests with counsel and the parties, not with the clerk.
Documents filed by the parties in immigration, social security, and railroad retirement board cases are not accessible over the Internet to the public. Public Internet access is limited to the court's docket, orders, and opinions in these cases. Parties wishing to prevent their full names from appearing in court documents, including opinions available on the Internet, may file a motion to redact their name to use only their first name and last initial rather than their full name.
ITEM 1.4.02 | FEDERAL RULES OF PROCEDURE
(2) minor children must be identified by their initials only;
(3) dates of birth must show the year only;
(4) financial account numbers must be limited to the last four digits only; and
(5) home addresses in criminal cases must be limited to city and state only.
ITEM 1.4.03 | JUDICIAL CONFERENCE PRIVACY POLICY
(2) bail or presentence reports;
(3) statement of reasons in judgment of conviction;
(4) juvenile records;
(5) identifying information about jurors or potential jurors;
(6) CJA financial affidavits;
(7) ex parte requests to authorize CJA services; and
(8) any sealed documents, such as motions for downward departure for substantial assistance, plea agreements indicating cooperation, or victim statements.
ITEM 1.4.04 | LOCAL RULE 25(C)
Since the ECF events for sealed filings make the documents accessible only to the court, counsel must serve sealed documents on the other parties outside ECF.
ITEM 1.4.05 | SEALED VOLUME OF APPENDIX/SUPPLEMENTAL APPENDIX
• Use ECF event-Certificate of confidentiality to identify authority for treating material as sealed and to identify who may have access to sealed material. A paper copy of the certificate of confidentiality must accompany the paper copy of the sealed appendix filed with the court.
• Use ECF event-JOINT APPENDIX and SUPPLEMENTAL APPENDIX to file public electronic appendix volumes(s).
ITEM 1.4.06 | SEALED VERSION OF BRIEF
• Use ECF event-Certificate of confidentiality to identify authority for treating material as sealed and to identify who may have access to sealed material. A paper copy of the certificate of confidentiality must accompany the paper copy of the sealed brief filed with the court.
• Use ECF event-BRIEF (formal briefs not under seal) to file public electronic version of brief from which sealed material has been redacted.
ITEM 1.4.07 | SEALED VERSION OF MOTIONS AND OTHER DOCUMENTS
• Use ECF event-Certificate of confidentiality to identify authority for treating material as sealed and to identify who may have access to sealed material.
• Use the appropriate ECF event (e.g., MOTION or RESPONSE/ANSWER) to file public electronic version of document from which sealed material has been redacted.
ITEM 1.4.08 | MOTIONS TO SEAL
The motion to seal must appear on the public docket for five days. The motion must identify the document or portions thereof for which sealing is requested, the reasons why sealing is necessary, the reasons a less drastic alternative will not afford adequate protection, and the period of time for which sealing is required. If it is necessary to reference sealed material in the motion, a sealed, highlighted version and a public, redacted version of the motion must be filed.
ITEM 1.4.09 | HIGHLY SENSITIVE DOCUMENTS
Forms:
Instructions:
Use these in conjunction with the United States Pro Se Handbook!
You might need to reference it during your pursuit of justice.
For instance, you might need to examine one of these passages in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
