procedural guides

Motion to File Under Seal in New York Supreme Court–At A Glance

Use this At A Glance Guide to learn the New York rules of civil procedure applicable to bringing a motion to file under seal in the New York Supreme Courts. For more detailed information, including local rules, on bringing a motion to file under seal in a specific New York Supreme Court, please see the SmartRules New York Supreme Court Motion to File Under Seal guides for the court where your action is pending.

Motion to File Under Seal Rules

Authority

The authority to seal documents filed with the court is strictly construed in favor of disclosure. The Uniform Rules of the New York State Trial Courts provide that a court shall not enter an order sealing court records in whole or in part, in any action, except upon a written finding of good cause specifying the grounds.

In determining whether good cause has been shown the court must consider the interests of the public as well as the interests of the parties.

Documents Subject to Rules

For purposes of the uniform rules on sealing of documents the term “court records” includes all documents and records of any nature filed with the clerk in connection with an action. Documents exchanged between the parties but not filed with the clerk are not addressed by the seal but may be made subject to a protective order.

Additional Information

SmartRules Motion to Seal guides cover additional requirements including:

Filing & service

Procedures for unassigned cases

Cross motions

Transfer of motions

Moving papers

Request for judicial intervention

Hearing & disposition