Proposed Amendment to FRCP 5 - Filings Under Seal
Informal AAJ Comment
July 2, 2025On July 2, 2025, AAJ and Public Justice submitted a joint letter in support of a proposed amendment to FRCP 5, related to filings under seal. The informal comment urges the Advisory Committee on Civil Rules to move forward with a clarifying change to the existing rule that would distinguish between the good-cause standard for blanket protective orders and the more stringent bar for granting motions to seal. This amendment would go a long way towards correcting an objectionable trend in civil litigation, whereby an overbroad sealing is routinely requested and granted even where there is no justification other than to conceal important information relating to health, safety, or misconduct from the public.