Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
A formal authentication mark placed on a legal instrument to indicate execution under seal.
2
A directive requiring that information be submitted to a court and maintained under seal to preserve confidentiality.
Each sense below has its own examples, sources, and questions.
Sense 1
1
Sense 1
A formal authentication mark placed on a legal instrument to indicate execution under seal.
Examples2
Easement Creation by Sealed Deed
Sterling Dynamics conveyed an access right across retained land to Sierra Solutions. The president signed a formal instrument under seal granting a perpetual easement for utility lines. Because the instrument met the seal requirement, the easement was validly created by inter vivos conveyance.
Easement Extinguishment by Release
Stonehaven Properties executed a release of an existing easement burdening its parcel. The release was delivered in a written instrument under seal to the dominant owner. The seal satisfied the formal requirement, extinguishing the easement by inter vivos conveyance.
Sense 2
2
Sense 2
A directive requiring that information be submitted to a court and maintained under seal to preserve confidentiality.
Examples4
Discovery Return Under Seal
Sophia Singh's firm produced thousands of documents in a contract dispute. After review, opposing counsel notified her that one email was privileged trial-preparation material. Sophia promptly presented the email to the court under seal for a privilege ruling and sequestered all copies.
Warrant Particularity Challenge
Federal agents executed a search at Stella Shapiro's residence. The warrant failed to list the items to be seized. Stella moved to suppress, arguing the supporting affidavit could not cure the defect even though it was filed under seal with the issuing court.
What does sub sigillo require for an easement conveyance?+
A written instrument under seal satisfies the formal requisites for creating an easement by inter vivos conveyance, subject to statutory modification.
Does sub sigillo still apply to easement extinguishment?+
Yes. Extinguishment of an easement by conveyance inter vivos requires a written instrument under seal, subject to statutory modifications.
Groh v. Ramirez540 U.S. 551 (2004)
Protective Order Sealing Records
A newspaper sought access to discovery materials in a civil suit against Stephen Shaw. The trial court issued a protective order requiring all sensitive documents to be filed under seal. The order prevented public disclosure while the litigation continued.
Seattle Times Co. v. Rhinehart467 U.S. 20, 32–33, 36 (1984)
Foreign Judgment Enforcement
Sierra Santos obtained a French judgment against Solomon Silver and sought enforcement in a U.S. court. The judgment and supporting papers arrived under seal from the foreign tribunal. The court examined the sealed record to determine whether comity required recognition.
Hilton v. Guyot159 U.S. 113 (1895)
Frequently Asked2
When must information be presented under seal in discovery?+
After a privilege claim is asserted, a party may present the information to the court under seal for a determination while preserving it until the claim is resolved.
How does sub sigillo affect protective orders?+
Courts may order filings under seal to protect confidential information, and parties must comply with those orders to avoid prejudice to the administration of justice.
418 U.S. 683, 710 (1974)Evidence
…its order pending appellate review on the condition review was sought by a specified time, and provided that matters filed under seal remain under seal when transmitted as part of the record. On May 24, 1974, the President filed a timely notice of appeal and a petition for writ of mandamus in the Court of Appeals. Later…