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Sealed Records & Proceedings

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Robert Timothy Reagan
January 1, 2013

Most courts come into contact with classified information infrequently, if at all, but when they do, they are faced with the dilemma of how to protect government secrets in the context of an otherwise public proceeding.

Robert Timothy Reagan
December 15, 2010

Court case records and proceedings are presumptively public, but occasionally there are compelling reasons for keeping all or parts of them confidential, sometimes permanently but often only temporarily.

Tim Reagan, George W. Cort
October 23, 2009

An analysis of all cases filed in federal district courts, bankruptcy courts, and courts of appeals in 2006 revealed that 0.2% of civil cases, 1.6% of criminal cases, 16% of magistrate judge cases, 34% of miscellaneous cases, and 0.1% of appeals were sealed approximately two years after filing.

Vaughn R. Walker
February 20, 2007

Opinion, In re NSA Telecommunication Records Litigation, No. 3:06-md-1791 (N.D. Cal. Feb. 20, 2007), D.E. 171, 2007 WL 549854.

Robert Timothy Reagan
September 12, 2006

When a United States senator asked the federal judiciary to look into sealed settlement agreements, the Civil Rules Advisory Committee asked the Federal Judicial Center to undertake a research effort to discover how often settlement agreements are sealed in federal court and under what circumstan

Gerald Bruce Lee
September 16, 2005

Protective Order, United States v. Abu Ali, No. 1:05-cr-53 (E.D. Va. Sept. 16, 2005), D.E. 195.

Robert Timothy Reagan, Shannon R. Wheatman, Marie Leary, Natacha Blain, Steven S. Gensler, George W. Cort, D. Dean P. Miletich
May 19, 2004

An examination of 288,846 federal district court cases revealed 1,270 cases that appeared to have sealed settlement agreements, for a sealed settlement rate of less than one half of one percent. In 97% of the cases with sealed settlements the complaint was not under seal.


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