Although the legal standards for a motion to seal are usually straightforward, many attorneys are caught off guard by some of the non-substantive elements that go with such a motion. Additionally, many judges view such motions with a level of skepticism that attorneys are not always prepared for. Here are some tips help avoid some of the common pitfalls that befall attorneys moving to seal.
Check the Rules
Be sure to consult the local rules for any procedures regarding motions to seal; oftentimes they vary from the procedure you are accustomed to. Even if you have experience making a sealing motion in a particular court, an individual judge within that court may have her or his own protocol. Depending on the court and the judge, you may even risk delaying trial or forfeiting your chance to make the motion if you run awry of local practice.