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This should be a "Silly Question"....

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kmckenn

Member
What is the name of your state? Ohio

In any Court, particularly Federal District Court... Is there ever a circumstance, when document is filed with the Court "under seal", that it can, would be, could be "sealed" to where the Magistrate and/or the Presiding Judge of the Case would be precluded from viewing the document?

The reason I ask is... a Sealed Deposition transcript had been filed with the Federal Court, and designated to be filed as Sealed at the time of filing of that Deposition. The filing party then moved to UNSEAL the Deposition transcript so that the Court could view the Deposition transcript. The Court later ruled that the transcript remain sealed but had further commented, in its Order/Opinion that the Court was able to view the Sealed Deposition transcript anyway.

There were other circumstantial events (ulterior motive) surrounding this Sealed Deposition transcript, and the Motion to UNSEAL it. I am just trying to determine if there is ever legitimate circumstances where a Party to a case would need to UNSEAL a document (transcript) for the benefit of a/the COURT (presiding Judges of the case)???
 


Quaere

Member
I'm changin my earlier answer. I forgot that some courts still require parties to file depositions and that those depositions are automatically sealed upon filing.

Now I am wondering what exactly the atty was trying to accomplish.
 
Last edited:

kmckenn

Member
HI QUAERE!

I'm still on that same case....

Are any of those circumstances, where the COURT would not be able to view the transcript?

The transcript was sealed by request of the deponent, at the time of the deposition, because of personally compromising contents in regards to both the deponent, and the Plaintiff.

In the case of a transcript, I can't imagine how or why that information could ever be sealed, precluding viewing by the Court, but.... I guess since I don't "know" thats why I am asking************** ;) "IF" there could be no legitimate reason for opposing Counsel to move to "UNSEAL" the transcript for the benefit of the Court, it would go a very long way of making a/the statement, that the stunt was clearly pretextual for the ulterior motive.
 

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