California Motion to Seal Records and Documents

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Multi-State
Control #:
US-03331BG
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Word; 
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

Rule 8.817 of the California Rules of Court requires that before you file any document with the court in a case in the appellate division of the superior court, you must serve one copy of the document on each of the other parties in the case and on anyone else when required by law (statute or rule of court).

Rule 8.47(c)(2) ? filings referring to confidential records: A party may file a request to file a brief or other document under seal in order to avoid disclosing confidential information. The request must be sufficient to justify the sealing and confidentiality. Rule 8.46(d) governs the procedure.

(1) Rules 2.550-2.551 apply to records sealed or proposed to be sealed by court order. (2) These rules do not apply to records that are required to be kept confidential by law. (3) These rules do not apply to discovery motions and records filed or lodged in connection with discovery motions or proceedings.

Rule 8.147 of the California Rules of Court In an appeal in which the parties are using either a clerk's transcript or a reporter's transcript, a party seeking to incorporate by reference all or part of a record in a prior appeal in the same case may do so, but must now provide greater detail in identify- ing and ...

(Cal. Rules of Court, rule 8.487(b).) Unless the court orders otherwise, the petitioner may serve and file a reply within 15 days after the return or opposition is filed. If the return is by demurrer alone and the demurrer is not sustained, the court may issue the peremptory writ without granting leave to answer.

Sealing of records refers to state laws that allow civil or criminal records to be stored away from public access. The nature of storing records varies widely by state with some states and the federal courts not recognizing the option at all; but in those that do, normally only a court can seal records.

The rule therefore specifically provides that a reporter's transcript of jurisdictional proceedings must be included in the normal record on appeal from a disposition order.

(1) Nothing filed publicly in the reviewing court-including any application, brief, petition, or memorandum-may disclose material contained in a record that is sealed, lodged conditionally under seal, or otherwise subject to a pending motion to file under seal.

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California Motion to Seal Records and Documents