A motion to file under seal is a written request asking the court to keep specific documents, or specific portions of them, out of the public record. A usable example has four moving parts: the motion and supporting memorandum, a declaration from someone with personal knowledge of the harm, the confidential material itself (often in both redacted and unredacted form), and a proposed order. Each piece has to point at specific text and specific harm, because courts start from the presumption that judicial records belong to the public and will not seal on general assurances of confidentiality.
Below is what each piece contains, how a motion is typically structured, and the procedural details that decide whether the request gets granted or sent back.
What the Motion Must Contain
Courts expect a structured submission, not a one-page request. The typical filing has four distinct components, and leaving any of them out is a common reason motions get denied or returned.
The Motion and Memorandum
Identify the specific documents, or specific portions of documents, you want sealed. Judges react poorly to blanket requests. If you want three paragraphs of a declaration sealed, say which three paragraphs and explain each one separately. The accompanying memorandum sets out the legal standard, the factual basis for sealing, and the argument that alternatives like targeted redaction would not solve the problem.
Many courts also expect the motion to state a proposed duration for the seal. Some information needs protection only temporarily, for instance until a patent application publishes; other material may warrant indefinite sealing. If you want the seal to last beyond the end of the case, say why.
A Supporting Declaration
Legal argument alone will not carry the motion. Courts want factual support from someone with personal knowledge of why disclosure would cause harm. In practice that means a declaration from a company executive who can explain the competitive sensitivity of a trade secret, or from the individual whose medical records are at stake. Federal law allows these declarations to be made under penalty of perjury rather than as notarized affidavits, provided they include the specific statutory language.1Office of the Law Revision Counsel. 28 U.S. Code 1746 – Unsworn Declarations Under Penalty of Perjury Not every court requires a declaration with every sealing request, but including one strengthens the motion substantially, and some local rules make it mandatory.
The Proposed Sealed Documents
The confidential material itself travels with the motion. Standard practice is to attach the documents you want sealed, along with a version that highlights or identifies the specific portions you want redacted. The judge needs to see both what the public would get and what you want withheld, in one package.
A Proposed Order
Many courts require, and most prefer, that you submit a proposed order granting the motion. It should specify which documents or portions will be sealed, the duration of the seal, and any conditions, such as allowing access to certain parties under a protective order. Having this ready saves the judge time and improves the odds of a prompt ruling.
Sample Motion Structure
Formatting requirements vary by court, but the structural skeleton of a motion to seal looks roughly like this:
- Caption: the case name, case number, court, and title of the document (“Motion for Leave to File Under Seal”).
- Introduction: one or two sentences identifying what you want sealed and under what legal standard.
- Statement of facts: a brief narrative explaining why this document exists in the litigation and what it contains.
- Legal argument: the applicable standard (good cause or compelling reasons), applied to each document or document portion, with the specific harm from disclosure explained and the inadequacy of redaction alone addressed.
- Duration request: how long the seal should last and why.
- Conclusion and request for relief: a short paragraph asking the court to enter the accompanying proposed order.
Attached: the supporting declaration, the unredacted confidential document or documents, and the proposed order. If the court requires a redacted public version, include that too.
Write the Introduction Like You Mean It
The introduction is where most motions earn or lose the judge’s attention. Compare two openings. “Plaintiff respectfully moves to seal Exhibits A through F, which contain confidential business information” tells the judge nothing. “Plaintiff seeks to seal three paragraphs of Dr. Chen’s declaration (ΒΆΒΆ 8, 11, 14) that describe the chemical composition of a patented adhesive not yet disclosed in any public filing” tells the judge exactly what is at stake. The second version signals that you have thought carefully about what actually needs protection, and it sets the tone for everything that follows.
The same principle governs the legal argument. “This document contains confidential business information” is the kind of argument that gets denied. “Exhibit B, paragraphs 12 through 15, contain our proprietary pricing algorithm, and disclosure would allow our only competitor to replicate three years of R&D” is the kind that gets granted.
The Legal Standard You Have to Meet
Two overlapping doctrines protect public access to court records, and any motion to seal has to clear both.
The first is the common-law right of access. The Supreme Court recognized in Nixon v. Warner Communications, Inc. that the public has a longstanding right to inspect and copy judicial records. That right is not absolute, and the decision to restrict access sits within the trial court’s discretion, weighed against the specific facts of the case.2Legal Information Institute. Nixon v. Warner Communications, Inc., 435 U.S. 589 (1978) A judge evaluates whether a concrete, identifiable harm from disclosure justifies overriding the presumption of openness.
The second is the First Amendment right of access. Under the Press-Enterprise test, courts ask whether the type of proceeding or document has historically been open to the public, and whether public access plays a meaningful role in the functioning of that process.3Justia. Press-Enterprise Co. v. Superior Court, 478 U.S. 1 (1986) If both answers are yes, the First Amendment attaches, and overcoming it requires an overriding interest in secrecy, supported by specific findings, with a sealing order narrowly tailored to protect only what genuinely needs protection.
Good Cause or Compelling Reasons
Federal courts apply different levels of scrutiny depending on the document. For materials attached to non-dispositive motions, like discovery disputes, the lower “good cause” standard generally applies. For documents filed in connection with dispositive motions, like summary judgment or motions to dismiss, courts require “compelling reasons” because those filings go to the heart of the case and directly influence the court’s decision. A trade-secret declaration that sails through on a discovery motion may face harder questions when attached to a summary judgment brief.
Either way, vague claims of embarrassment or competitive harm will not suffice. You have to identify the specific information at risk, explain exactly what harm disclosure would cause, and show that no less drastic alternative, like targeted redactions, can solve the problem. Courts also reject sealing based solely on the parties’ agreement. A stipulation between the parties carries no weight if the judge has not independently determined that the public interest in access has been overcome.
Grounds Courts Accept
Successful sealing motions almost always involve one of a few recurring categories:
- Trade secrets and proprietary business information: formulas, customer lists, pricing strategies, or source code whose disclosure would give competitors an unfair advantage.
- Protected personal information: medical records, mental health records, or financial details that implicate privacy rights beyond what mandatory redaction rules already cover.
- National security or law enforcement interests: information that could compromise ongoing investigations or endanger individuals.
- Minor children’s identities: details that could identify a child beyond what automatic redaction rules already require.
The common thread is specificity. The more you can tie the harm to identified text, the better the motion reads.
Rule 5.2: What You Don’t Need a Motion For
Before drafting a motion to seal, check whether what you are protecting is already covered by mandatory redaction. Federal Rule of Civil Procedure 5.2 requires these redactions on every federal filing regardless of whether the document is sealed:4Legal Information Institute. Federal Rules of Civil Procedure Rule 5.2 – Privacy Protection For Filings Made with the Court
- Social Security and taxpayer ID numbers: last four digits only.
- Birth dates: year only.
- Minor children’s names: initials only.
- Financial account numbers: last four digits only.
These apply to both electronic and paper filings, and to every filer, including nonparties. A party making a redacted filing also has the option to file an unredacted copy under seal, which the court retains as part of the record.4Legal Information Institute. Federal Rules of Civil Procedure Rule 5.2 – Privacy Protection For Filings Made with the Court That is not a motion to seal; no court permission is needed to redact these specific identifiers or to file the unredacted version alongside the redacted public copy. The motion-to-seal procedure kicks in when the information you need to protect goes beyond these four categories.
Filing Procedures and Common Traps
The mechanics of filing a motion to seal vary by court, so check your local rules. Most federal courts follow a broadly similar process through their electronic filing systems.
You typically select a specific docket event, often labeled something like “Motion for Leave to File Under Seal.” The confidential documents are attached to that filing. The system restricts access so that only the court and authorized personnel can view the attachments. Other parties receive an electronic notification that a filing was made, but the notification does not provide access to the sealed content. Those parties must be served through traditional means, with a certificate of service.
The documents sit in a restricted status while the judge considers the motion. If the motion is granted, they remain under seal subject to the court’s order. If the motion is denied, the documents generally remain restricted rather than becoming public automatically, but the court may order otherwise. At that point the filing party has to decide whether to withdraw the document entirely or allow it into the public record. Courts sometimes give a short window to decide, though the length depends on local practice.
One procedural trap: some courts require the motion itself to be filed publicly so that opposing parties and the public can object, while others seal the motion along with its attachments. If your court files the motion publicly, be careful that the motion’s description of the material does not reveal the very information you are trying to protect. Describe it in general terms (“proprietary pricing data”) rather than quoting it.
A Protective Order Is Not a Sealing Order
A frequent source of confusion is the relationship between a protective order under Federal Rule of Civil Procedure 26(c) and a motion to seal. They are related but legally distinct.5Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery
A protective order governs how parties handle documents exchanged during discovery. It can restrict who sees the documents, prohibit their use outside the litigation, and designate materials as “confidential” or “attorneys’ eyes only.” A court issues one for good cause to protect a party from annoyance, embarrassment, oppression, or undue burden.5Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery
But a protective order does not automatically let you file those same documents under seal. Once a discovery document is attached to a motion or introduced as evidence, it becomes a judicial record subject to the public’s right of access. The “confidential” stamp from discovery means nothing at that point. You need a separate motion to seal, and the court must independently determine that the presumption of access has been overcome. Many litigants stumble here: they assume the protective order carries over, file their summary judgment brief with sealed exhibits, and then receive an order to show cause asking why the documents should not be made public.
What Happens if the Motion Is Overbroad or Denied
A sloppy or overbroad motion to seal does more than waste the court’s time. Federal Rule of Civil Procedure 11 requires every filing to be made for a proper purpose and supported by a reasonable factual and legal basis after reasonable inquiry. A motion to seal that lacks any legitimate basis, or that seeks to hide information purely to avoid embarrassment, can trigger sanctions, including monetary penalties, an order to pay the opposing party’s attorney’s fees, or nonmonetary directives like mandatory training on filing procedures.6Legal Information Institute. Federal Rules of Civil Procedure Rule 11 – Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Judges have grown vocal about over-sealing. Federal appellate courts have criticized the pattern of parties sealing entire filings simply because both sides agreed to keep them secret, without any showing that public access rights were overcome. One well-targeted motion builds credibility. A pattern of trying to seal everything draws closer scrutiny to each new request.
The practical risk matters too. A denied motion to seal can leave confidential information exposed in the public record. Some courts give the filing party a limited window to withdraw the document; others may make the information public more quickly. Confirm your court’s local procedure before filing, because by the time the denial arrives, pulling the document back may no longer be an option.