(a) General. The clerk is authorized to accept a complaint for filing and treat that complaint and the accompanying papers as if they were restricted pursuant to LR 26.2 where the complaint is accompanied by a written request containing the following:

(1) the name, address, and signature of the party or counsel making the request;

(2) a statement indicating that the party believes that due to special circumstance which the party will promptly bring to the attention of the judge to whom the case is to be assigned, it is necessary to restrict access to the case at filing;

(3) a statement that the party is aware that absent an order extending or setting aside the sealing, the file and its contents will become public on the seventh day following the date of filing; and

(4) the attorney’s or party’s e-mail address if the attorney or party is registered as a Filing User of electronic case filing, the caption of the case, and the title of the document. Absent any order to the contrary, the contents of the case file shall be treated as restricted documents as defined by LR 26.2 for seven days following the day on which the complaint was filed. Except as otherwise ordered, on the seventh day the file will no longer be treated as restricted.

(b) Filings Under 31 U.S.C. §3730. The procedures set forth in section (a) shall also be followed in filing complaints in camera pursuant to 31 U.S.C. § 3730 with the following modifications: (1) the person presenting the complaint for filing in camera shall state in the instructions to the assignment clerk that the complaint is being filed pursuant to 31 U.S.C. § 3730; and (2) unless otherwise ordered by the court, the matter shall remain restricted for the period specified in 31 U.S.C. § 3730.

Committee Comment

LR 5.7 is amended to ensure it is in compliance with LR 26.2 – Restricted Documents

Amended April 20, 2006