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Attorney Newsletter March 2012

NEWS FROM U.S. DISTRICT COURT
March 28, 2012

NEW FILING/PAYMENT REQUIREMENTS FOR NOTICES OF APPEAL: Beginning Monday, April 2, 2012, attorneys will be required to electronically file civil Notices of Appeal and pay the $455 appellate filing fee via the internet using a credit card. Until now the only CM/ECF event utilizing the Pay.gov internet credit card module had been the civil Motion for Admission Pro Hac Vice event. For more information, see our website at www.sdd.uscourts.gov. If you need additional information please call the Clerk’s Office.

SEALED DOCUMENTS: We continue to receive inquiries about how to file sealed documents and attachments. Attorneys cannot electronically file sealed documents. Rather, these documents must be delivered to the Clerk’s Office for filing. Sealed documents fall into three categories: (1) documents containing personal identifiers protected by the E-Government Act of 2002; (2) documents subject to a protective order signed by the court; and (3) documents that are not subject to protection under the E-Government Act or a protection order.

(1) Documents containing personal identifiers protected by the E-Government Act
If you have filed a document that has been redacted to remove personal identifiers, you may deliver the unredacted document to the Clerk’s Office for filing pursuant to Civil LR 5.2 (B) and Criminal LR 49.1.1 (B). An order is not required.

(2) Documents subject to a protective order signed by the court
When the court has signed a protective order, there is no need to file a redacted document. Simply deliver the protected document to the Clerk’s Office with a cover sheet stating, “This document to be filed under seal pursuant to the Protective Order issued on [insert date].” If the document is an attachment, electronically file the main document and file a placeholder containing the following text, “This document will be delivered to the Clerk’s Office to be filed under seal pursuant to the Protective Order issued on [insert date].” For detailed instructions on how to file protected documents and attachments see the 12-21-2011 newsletter archived on our website.

(3) Other documents
If you wish to file a document under seal that is not subject to a protective order or the E-Government Act, you must file a motion to seal. All motions to seal and the documents to which they refer need to be brought to the Clerk’s Office for filing. For more information on motions to seal see the 07-29-2010 newsletter, which is also archived on our website.

Wednesday, March 28, 2012