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reference LCvR 6.1, which details procedures and what must be shown to seal a filing. It should
be noted that submissions to the Court by USPO are not technically sealed, but are “non-public”
submissions. See Fed. R. Crim. P. 32 & 49.1 (Advisory Committee Notes, 2007 Adoption). The
Advisory Committee notes that while counsel in criminal litigation have experience in seeking
leave to file under seal, it may be appropriate for a subgroup, perhaps drawn from IP litigation,
to form an advisory group to provide examples of effective motions and briefs. Likewise, due to
the anticipated increase in motions to seal, the Court may wish to develop template orders
touching on Rule 6.1 concerns.
LCrR 49.1.2 FILING OF PAPERS, FILING OF REDACTED PLEADINGS, AND
PRESENTING JUDGMENTS, ORDERS, AND OTHER
COMMUNICATIONS TO JUDGES
(a) Place of Conventional Filing, when Allowed. Where conventional filing is
permitted by the Administrative Procedures or by the assigned judge, all papers may be filed in
Asheville, Charlotte, or Statesville, regardless of the division in which the case is pending.
(b) Presenting Judgments, Orders, and Other Communications to Judges. As
provided by the Administrative Procedures, parties may submit proposed orders, memoranda of
decision, judgments, bills of costs, and other proposed documents for consideration and entry by
the Court or the Clerk of Court. Such proposed documents must be submitted through Cyberclerk
and may also be submitted as attachments to a motion, brief, or notice that relates to the proposed
relief sought. In any event, such proposed document must be served on all parties as provided by
Fed. R. Civ. P. 5, unless an exception is provided for proceeding ex parte under the Federal Rules
of Criminal Procedure.
Advisory Committee Notes
The requirements for electronic filing in Sections (b) and (c) were redundant. Section (c)
has been amended to address the place of filing when conventional filing is permitted. Former
section (d) has been eliminated as has its civil analogue in LCvR 5.2.1(d). The Rule has been
moved to its present location to better correspond with the corresponding Federal Rule of
Criminal Procedure.