Motion to File Under Seal (Motion to Seal)

A request for permission to file a document, or part of one, so that it is kept out of the public court record.

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.
Motion to File Under Seal (Motion to Seal) — reading legal guides at home

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

StateWhere to look
Federal courtsFed. R. Civ. P. 5.2(d), 26(c)(1)(F)–(H); local rules
CaliforniaCal. 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 York22 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.
TexasTex. 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.
FloridaFla. 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

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.