HOW TO FILE A RESTRICTED MOTION

Be advised that ALL SENTENCING PLEADINGS, including Objections to the PSI, are now filed as PUBLIC documents. If you want to file the Objections RESTRICTED, you must follow the procedure below. See the new Local Rule 47.1 governing restricted access to court documents. See also, this cheat sheet in the library under RESTRICTING ACCESS TO COURT DOCUMENTS.
The basic rules have not changed. However, there is no longer a “SEALED” or “EX PARTE” document. The operative language is “restricted.” There are 4 levels of restricted access.
1.    Draft a generic motion asking to restrict access to whatever documents you want restricted.  In this motion, refer only to the restricted documents by anticipated docket number. EG., “Motion to File Docket #’s 51 and 52 Under Level 1 Restricted Access.” The body of this motion should simply state that you are moving for restricted access for the reasons stated in docket # ___ (which will be your Brief in Support of Motion to File Under Level I Restricted Access).  This is filed under “Motions” as “Motion to Restrict Access.”  Do not attach any restricted documents to this.  This is a public motion.
2.    Next, file your “Brief in Support of Motion for Restricted Access.”  This document is filed under “Other Documents” and then (depending on the access you choose – level 1 or 2) “Restricted Doc. – Level __ – Viewable by …….”  This document should explain your reasons for wanting to restrict access to this motion and the next document.
3.    Finally, file the document(s) in which you seek restricted access. Let’s say it’s a “Motion for Non-Guideline Statutory Sentence.” Do not file this motion under the “Motions” set of events, where you would filed a public Motion for Non-Guideline Statutory Sentence.” Instead, file this motion under “Other Documents” and then (depending on the access you choose ) “Restricted Doc. – Level ___ – Viewable by…….”
Because #2 and #3 are filed as Restricted Documents, they are not visible to the public.  However – depending on the level of access you chose for each of these documents, they may / may not be visible to other parties in the case.  If you have granted access to the government and/or other parties, they should be able to view the restricted document via ECF (as you would to view a restricted PSI).  If you restricted access to the government and/or other parties, you must serve them by email, U.S. mail, etc. for them to view the document.
You must still email copies of these documents probation as they do not receive ECF notification.

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