(b) the name of this Court;
(c) the caption of the case as appropriate in this Court;
(d) the nature of the proceeding and the name of the court from which the action is brought (e.g., “On Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit”; or, for a merits brief, “On Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit”);
(e) the title of the document(e.g., “Petition for Writ of Certiorari,” “Brief for Respondent,” “Joint Appendix”);
(f) the name of the attorney who is counsel of record for the party concerned (who must be a member of the Bar of this Court except as provided in Rule 9.1) and on whom service is to be made, with a notation directly thereunder identifying the attorney as counsel of record and setting out counsel’s office address, e-mail address, and telephone number. Only one counsel of record may be noted on a single document, except that counsel of record for each party must be listed on the cover of a joint appendix.
(g) The foregoing shall be displayed in an appropriate typographical manner and, except for identification of counsel, may not be set in type smaller than standard 11-point, if the document is prepared as required by Rule 33.1.
3. The body of every document shall bear at its close the name of counsel of record and such other counsel, identified on the cover of the document in conformity with subparagraph 1(f) of this Rule, as may be desired.
4. Every appendix to a document, including a statutory appendix, must include at the beginning of the appendix a table of contents that provides a description of each document in the appendix.
5. All references to a provision of federal statutory law should ordinarily be cited to the United States Code, if the provision has been codified therein. In the event the provision has not been classified to the United States Code, citation should be to the Statutes at Large. Additional or alternative citations should be provided only if there is a particular reason why those citations are relevant or necessary to the argument.
6. A case in which privacy protection was governed by Federal Rule of Appellate Procedure 25(a)(5), Federal Rule of Bankruptcy Procedure 9037, Federal Rule of Civil Procedure 5.2, or Federal Rule of Criminal Procedure 49.1 is governed by the same Rule in this Court. In any other case, privacy protection is governed by Federal Rule of Civil Procedure 5.2, except that Federal Rule of Criminal Procedure 49.1 governs when an extraordinary writ is sought in a criminal case. If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to the redaction Rules set forth above.
7. Where circumstances warrant, a party may file a motion for leave to file material under seal.
(b) If the material was filed under seal in a lower court, the motion should identify the reasons that the material was sealed, state whether the seal remains in effect as to each of the relevant documents, and address why it remains necessary to continue to maintain the confidentiality of the information in this Court. If the material was not filed under seal in a lower court, the motion should state with specificity why sealing is necessary in this Court in the first instance.
(c) The motion should address why it is necessary that the material to be sealed be included in the filing.
(d) Where possible, the movant should provide a redacted copy of the material for the public record. If this is not feasible, the motion should state the reasons that it is not. Where the material sought to be filed under seal is part of an appendix to the filing, it should be presented in a separate, supplemental volume of the appendix.
(e) Where possible, the motion itself should be drafted so that it may be filed on the public record. If this is not feasible, the motion may be filed under seal, preferably with a redacted copy for the public record. The motion should reflect the position of other parties to the case concerning whether sealing of the material is appropriate.
(f) Material that is sought to be filed under seal should be marked “Under Seal” on the cover and on every page of the document. The redacted copy for the public record, when provided, should be marked “Public Copy – Sealed Materials Redacted” on the cover page of the document.
(g) The parties must promptly notify the Court if it is no longer necessary for material previously filed under seal to remain under seal.
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