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The term "under seal" refers to a legal procedure that allows sensitive or confidential information to be submitted to a court while keeping it private. When documents are filed under seal, they are not accessible to the public unless the court decides otherwise. This process typically requires the court's approval to ensure that the confidentiality of the information is maintained.
Table of content
Legal Use & context
The concept of filing under seal is commonly used in various areas of law, including:
Civil litigation, where sensitive business information or trade secrets may be involved.
Criminal cases, particularly when protecting the identity of witnesses or victims.
Family law, often in cases involving sensitive personal matters, such as custody disputes.
Users can manage the process of filing documents under seal with the right tools, such as legal templates provided by US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A company files a motion to keep trade secrets confidential during a lawsuit against a competitor. The court grants the request, allowing the documents to be filed under seal.
Example 2: In a criminal case, a victim's identity is protected by filing certain evidence under seal to prevent public exposure. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Procedure for Filing Under Seal
California
Requires a specific motion and a supporting declaration.
New York
Allows sealing for good cause shown, with a formal application.
Texas
Permits sealing under certain circumstances, typically requiring a hearing.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Confidential
Information that is meant to be kept private.
Under seal is a legal process; confidentiality is a characteristic of information.
Sealed Records
Documents that are not accessible to the public.
Sealed records are often a result of the under seal process but can also apply to court orders.
Common misunderstandings
What to do if this term applies to you
If you believe you need to file documents under seal, consider the following steps:
Consult with a legal professional to understand the requirements and implications.
Prepare a motion that clearly states your reasons for sealing the documents.
Explore US Legal Forms for ready-to-use legal templates that can assist you in drafting the necessary documents.
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