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How-To: Write a Motion for Confidentiality

Background: You are a party to a publicly-available civil case
Problem: You want certain documents to be removed from public view
Solution: You ask the Court to make those documents confidential (ie, hidden from public view)

I. Definitions

"1. a particular benefit enjoyed by a person, company or class beyond the advantages of other citizens;"" Sealing Records
the sealing of... records, permitted in some states... so that such records may be examined only by court order.

II. Legal Citations

Art. I §23 FL Constitution | Right of Privacy
"Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law." 1.280 Fla. R. Civ. P. | General Provisions Regarding Discovery
"...claiming that it is privileged or subject to protection as trial preparation material, the party shall make the claim expressly and shall describe the nature of the documents, communications, or things not produced or disclosed in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the applicability of the privilege or protection...

(7) that a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way; and...
2.420 Fla. R. Jud. Admin. | Public Access to and Protection of Judicial Branch Records
"(c) Confidential and Exempt Records. The following records of the judicial branch shall be confidential..."" Rule 412 Fed. R. Evid. | Sex-Offense Cases: The Victim's Sexual Behavior or Predisposition
"(a) PROHIBITED USES. The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct..." 28-106.204 FAC | Motions
"(1) All requests for relief shall be by motion. All motions shall be in writing unless made on the record during a hearing, and shall fully state the action requested and the grounds relied upon. The original written motion shall be filed with the presiding officer. When time allows, the other parties may, within 7 days of service of a written motion, file a response in opposition. No reply to the response shall be permitted unless leave is sought from and given by the presiding officer. Written motions will normally be disposed of after the response period has expired, based on the motion, together with any supporting or opposing memoranda. The presiding officer shall conduct such proceedings and enter such orders as are deemed necessary to dispose of issues raised by the motion." 28-106.213 FAC | Evidence
"(4) The rules of privilege apply to the same extent as in civil actions under Florida law." §90.501 FS - §90.510 FS | Privileges...
[...various privileges...] §119.07 FS | Inspection and Copying of Records... Exemptions
"(a) Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records."

III. Samples

# PDF Comments
001logoAdobe¿ Unknown ? | DOAH | 2022 | Attorney Filing | "Historical Immunization Records"iconPriceTag
002logoAdobe¿ Unknown ? | DOAH | 2022 | Pro Se Filing | Prevent Retaliation, Protect Privacy | Form UsediconPriceTag
003logoAdobe✓ Granted | DOAH | 2021 | Attorney Filing | Settlement AgreementiconPriceTag
004logoAdobe✓ Granted | DOAH | 2020 | Attorney Filing | Medical InformationiconPriceTag
005logoAdobe¿ Unknown ? | DOAH | 2020 | Pro Se Filing | Medical InformationiconPriceTag
006logoAdobe✓ Granted | DOAH | 2020 | Attorney Filing | Proprietary Information | SealediconPriceTag
007logoAdobe¿ Unknown ? | DOAH | 2019 | Attorney Filing | Unopposed | Medical InformationiconPriceTag
008logoAdobe¿ Unknown ? | DOAH | 2019 | Attorney Filing | SSNs, Account NumbersiconPriceTag
009logoAdobe¿ Unknown ? | DOAH | 2019 | Pro Se Filing | Medical InformationiconPriceTag
010logoAdobe✓ Granted | DOAH | 2018 | Attorney Filing | Settlement AgreementiconPriceTag
011logoAdobeX Denied | DOAH | 2014 | Rep's Filing | Medical InformationiconPriceTag
012logoAdobe✓ Approved | DOAH | 2014 | Pro Se Filing | Medical InformationiconPriceTag
013logoAdobe✓ Granted | DOAH | 2012 | Attorney Filing | Sexually-Explicit VideoiconPriceTag
014logoAdobe± Abandoned | DOAH | 2012 | Attorney Filing | Non-Party Membership AccountsiconPriceTag
015logoAdobe✓ Granted | DOAH | 2010 | Attorney Filing | Discovery | Hiring/PromotionsiconPriceTag
016logoAdobe✓ Granted | DOAH | 2008 | Pro Se Filing | Redact Accidental FilingiconPriceTag
017logoAdobe± Abandoned | DOAH | 2007 | Attorney Filing (Joint) | Financial InformationiconPriceTag
018logoAdobe✓ Granted | DOAH | 2006 | Attorney Filing | Discovery, Employee Records, etc. | Agreement AttachediconPriceTag
019logoAdobe✓ Granted | DOAH | 2006 | Attorney Filing | Trade Secret | Seal ExhibiticonPriceTag

IV. Templates

# Word Comments
1TBD's Template | Replace all placeholder tags with real information (eg "[plfName]" becomes "John Doe").iconPriceTag
2Broward County | Official form (18th Judicial Circuit)Free
3Pasco County | Official form (6th Judicial Circuit)Free
4Pinellas County | Official form (6th Judicial Circuit)Free
5Volusia County | Official form (7th Judicial Circuit)Free

V. Application

VI. Quick Commentary

VII. Additional Resources

VIII. Bibliography

IX. Conclusion

A Motion to Make a Document Confidential might help you retain the privacy that you deserve.

With the use of the templates (as well as the samples above), you can more easily ask your court to seal.


Congratulations! You're now booked up on how to write a Motion for Confidentiality!

Please get the justice you deserve.


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