- Governing rule
- Fed. R. Civ. P. 5.2(d), 26(c)(1)(F)–(H); local rules
- Type
- Motion
- Stage
- Discovery
- When it is used
- Before or at the time you file a document that contains confidential information.

When the motion to file under seal is used
Timing: before or at the time you file a document that contains confidential information. Discovery is the stage where the parties exchange information. In most federal cases it follows the Rule 26(f) conference.
What the rule requires
- The court may order that a filing be made under seal without redaction, and may later unseal it or order the person who made the filing to file a redacted version for the public record (Rule 5.2(d)).
- Unless the court orders otherwise, a filing that contains a Social Security number, taxpayer-identification number, birth date, a minor's name or a financial-account number may include only the last four digits of the Social Security, taxpayer-identification or financial-account number, the year of birth, and the minor's initials (Rule 5.2(a)).
- For good cause, a protective order may require that a deposition be sealed and opened only on court order; that a trade secret or other confidential research, development or commercial information not be revealed or be revealed only in a specified way; or that the parties simultaneously file specified documents or information in sealed envelopes, to be opened as the court directs (Rule 26(c)(1)(F)–(H)).
- Courts recognize a strong presumption of public access to court records, so local rules usually require a specific showing and a narrowly tailored request.
In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.
You can read the full text of Fed. R. Civ. P. 5.2(d), 26(c)(1)(F)–(H); local rules online. Also, the federal judiciary publishes the current rules and recent amendments.
The motion to file under seal in state court
This page covers the federal version. In state court, the motion to file under seal may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.
Related procedures
Similarly, these procedures often come up alongside it:
- Motion for a Protective Order: a request that the court, for good cause, protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense in discovery.
- Request (Court Filing): a paper asking the court or the clerk to take an action. Many courts use "request" in the name of specific filings — for example a request for judicial notice, a request for entry of default or a request for a hearing — while others call the same filing a motion or an application.
Before you rely on this page
First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.
State court procedure for this filing
The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.
Examples from the largest state court systems
| State | Where to look |
|---|---|
| Federal courts | Fed. R. Civ. P. 5.2(d), 26(c)(1)(F)–(H); local rules |
| California | Cal. Rules of Court 2.550–2.551 (sealed records): a record may not be filed under seal without a court order; the party must file a motion or application with a memorandum and a declaration with facts justifying sealing (2.551(a)–(b)), and the court must expressly find an overriding interest, a substantial probability of prejudice, narrow tailoring and no less restrictive means (2.550(d)). |
| New York | 22 NYCRR 216.1 (sealing of court records): except where a statute or rule provides otherwise, a court may seal records in a civil action only on a written finding of good cause specifying the grounds, considering the interests of the public as well as the parties. |
| Texas | Tex. R. Civ. P. 76a (sealing court records): records are presumed open and may be sealed only on a showing of a specific, serious and substantial interest that clearly outweighs the presumption and no less restrictive means; requires a written motion, posted public notice and an open-court hearing no sooner than 14 days later. |
| Florida | Fla. R. Gen. Prac. & Jud. Admin. 2.420 (public access to judicial branch records): a request to make trial court records in a noncriminal case confidential must be made by written motion stating the grounds; the court must find confidentiality is required to protect a listed interest, is no broader than necessary, and that no less restrictive measures are available. |
Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.
Find the rule in your state
In your state's rules, look for the rule on motion to file under seal (motion to seal). In states that number their rules like the federal rules, it is often the same rule number as the federal rule.
Official civil procedure rules for every state
- Alabama: Alabama Rules of Civil Procedure · Lawtopolis guide
- Alaska: Alaska Rules of Civil Procedure (Alaska Rules of Court) · Lawtopolis guide
- Arizona: Arizona Rules of Civil Procedure · Lawtopolis guide
- Arkansas: Arkansas Rules of Civil Procedure · Lawtopolis guide
- California: California Code of Civil Procedure (supplemented by California Rules of Court, Title Three – Civil Rules) · Lawtopolis guide
- Colorado: Colorado Rules of Civil Procedure · Lawtopolis guide
- Connecticut: Connecticut Practice Book (Superior Court procedure) · Lawtopolis guide
- Delaware: Superior Court Civil Rules (Rules of Civil Procedure, Superior Court of Delaware) · Lawtopolis guide
- Florida: Florida Rules of Civil Procedure · Lawtopolis guide
- Georgia: Georgia Civil Practice Act (O.C.G.A. Title 9, Chapter 11) · Lawtopolis guide
- Hawaii: Hawaiʻi Rules of Civil Procedure · Lawtopolis guide
- Idaho: Idaho Rules of Civil Procedure · Lawtopolis guide
- Illinois: Illinois Code of Civil Procedure (735 ILCS 5) and Illinois Supreme Court Rules, Article II (Rules on Civil Proceedings in the Trial Court) · Lawtopolis guide
- Indiana: Indiana Rules of Trial Procedure · Lawtopolis guide
- Iowa: Iowa Rules of Civil Procedure (Iowa Court Rules, Chapter 1) · Lawtopolis guide
- Kansas: Kansas Code of Civil Procedure, K.S.A. Chapter 60 (Procedure, Civil), Article 2 – Rules of Civil Procedure · Lawtopolis guide
- Kentucky: Kentucky Rules of Civil Procedure (CR) · Lawtopolis guide
- Louisiana: Louisiana Code of Civil Procedure · Lawtopolis guide
- Maine: Maine Rules of Civil Procedure · Lawtopolis guide
- Maryland: Maryland Rules, Title 2 (Civil Procedure – Circuit Court) · Lawtopolis guide
- Massachusetts: Massachusetts Rules of Civil Procedure · Lawtopolis guide
- Michigan: Michigan Court Rules of 1985, Chapter 2 (Civil Procedure) · Lawtopolis guide
- Minnesota: Minnesota Rules of Civil Procedure · Lawtopolis guide
- Mississippi: Mississippi Rules of Civil Procedure · Lawtopolis guide
- Missouri: Missouri Supreme Court Rules of Civil Procedure (Rule 41 et seq.) · Lawtopolis guide
- Montana: Montana Rules of Civil Procedure · Lawtopolis guide
- Nebraska: Neb. Rev. Stat. Chapter 25 (Courts; Civil Procedure) and Nebraska Court Rules of Pleading in Civil Cases (Neb. Ct. R. ch. 6, art. 11) · Lawtopolis guide
- Nevada: Nevada Rules of Civil Procedure · Lawtopolis guide
- New Hampshire: Rules of the Superior Court of the State of New Hampshire · Lawtopolis guide
- New Jersey: Rules Governing the Courts of the State of New Jersey, Part IV (civil practice rules, R. 4:1 et seq.) · Lawtopolis guide
- New Mexico: Rules of Civil Procedure for the District Courts (NMRA 1-001 et seq.) · Lawtopolis guide
- New York: New York Civil Practice Law and Rules (CPLR) · Lawtopolis guide
- North Carolina: North Carolina Rules of Civil Procedure (G.S. Chapter 1A) · Lawtopolis guide
- North Dakota: North Dakota Rules of Civil Procedure · Lawtopolis guide
- Ohio: Ohio Rules of Civil Procedure · Lawtopolis guide
- Oklahoma: Oklahoma Pleading Code (Title 12, Oklahoma Statutes) · Lawtopolis guide
- Oregon: Oregon Rules of Civil Procedure (ORCP) · Lawtopolis guide
- Pennsylvania: Pennsylvania Rules of Civil Procedure (Pa. Code Title 231) · Lawtopolis guide
- Rhode Island: Superior Court Rules of Civil Procedure · Lawtopolis guide
- South Carolina: South Carolina Rules of Civil Procedure (SCRCP) · Lawtopolis guide
- South Dakota: SDCL Chapter 15-6 (Rules of Procedure in Circuit Courts) · Lawtopolis guide
- Tennessee: Tennessee Rules of Civil Procedure · Lawtopolis guide
- Texas: Texas Rules of Civil Procedure · Lawtopolis guide
- Utah: Utah Rules of Civil Procedure · Lawtopolis guide
- Vermont: Vermont Rules of Civil Procedure · Lawtopolis guide
- Virginia: Rules of Supreme Court of Virginia, Part Three (Practice and Procedures in Civil Actions) · Lawtopolis guide
- Washington: Superior Court Civil Rules (CR) · Lawtopolis guide
- West Virginia: West Virginia Rules of Civil Procedure · Lawtopolis guide
- Wisconsin: Wisconsin Statutes Chapters 801–847 (Civil Procedure) · Lawtopolis guide
- Wyoming: Wyoming Rules of Civil Procedure · Lawtopolis guide
- District of Columbia: Superior Court Rules of Civil Procedure · Lawtopolis guide
Sources
- Fed. R. Civ. P. 5.2(d), 26(c)(1)(F)–(H); local rules
Official sources:
law.cornell.edu/rules/frcp/rule_5.2
uscourts.gov/rules-policies/current-rules-pra…
Sources last reviewed: 2026-10-24
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.
