Mass. Trial. Ct. R. 2

As amended through October 3, 2024

Rule 2 - MOTION FOR IMPOUNDMENT

(a). Content of Motion.

(1)Motion. Any party or interested nonparty may file a written motion for impoundment of a portion or all of the case record in any judicial proceeding. The motion shall describe with particularity (i) the material sought to be impounded, (ii) the duration for which impoundment is sought, (iii) the reasons impoundment is necessary, and (iv) the reasons other alternatives to impoundment will not afford adequate protection. The movant shall include proposed findings and a proposed order, conforming to URIP Rule 8; with the motion.

(2)Affidavit. A motion for impoundment shall be accompanied by affidavit in support thereof. Unless otherwise provided herein, the rules governing motions and affidavits in civil or criminal proceedings generally shall apply to requests for impoundment.

(3)Public Nature of Motion and Affidavit. The clerk shall enter the motion and affidavit on the case docket. Unless the court impounds the motion and affidavit by separate order, they remain publicly available documents.

(b)Submission of the Material Sought to Be Impounded.

(1)Material Outside of the Case Record. A motion for impoundment must be filed and ruled upon prior to submission of the actual material sought to be impounded. The clerk shall not accept any document that the movant seeks to be impounded until the court has ruled on the motion or ordered' otherwise.

(2)Materials for in camera Review. If the court orders the movant to file the materials sought to be impounded for the court's review, the movant shall first place them in an envelope bearing the case caption and a prominent notation, that the documents within are "PROVISIONALLY IMPOUNDED PENDING COURT ORDERED IN CAMERA REVIEW." The clerk shall withhold the submission from public inspection until there is a ruling on the motion. If the court allows the motion, the allowance shall be noted on the envelope and the materials shall be impounded for the duration of the order. If the court denies the motion; within fourteen days, the movant must retrieve the materials from the clerk or notify the clerk that the materials should be filed in their entirety. Should the same materials be filed, they will be placed in the public case record. The clerk will destroy any materials that have not been retrieved or filed by the fifteenth day.

(3)Materials Previously Filed in the Case Record. A motion may be made for impoundment of information that is currently contained in the case record. Upon receipt of such a motion, the cleric shall remove the subject material from the case record and withhold it from public dissemination pending the court's ruling on the motion. A hearing on the motion shall be held within three days unless otherwise agreed by the parties or ordered by the court.

Mass. Trial. Ct. R. 2

Amended April 24, 2015, effective 10/1/2015.

Committee notes

URIP Rule 2 provides that a request for impoundment shall be made by written motion, stating the grounds and reasons therefor. A motion for impoundment may be sought at any time during the pendency of the case, including impoundment of the complaint when the case is commenced or after a final disposition of the case has entered. The motion should specifically describe the material to be impounded and the duration of the impoundment requested. The motion shall be supported by an affidavit that is based upon the affiant's personal knowledge or information and belief, and sets forth facts demonstrating good cause to warrant the requested relief. The moving party is required to submit proposed findings and a proposed order.

The motion and affidavit in support thereof are public documents and will not be impounded, even if the motion is granted and the requested information is impounded, unless the court orders otherwise. Consequently, the movant shall be cautious in drafting such documents so as not to include the specific information requested to be impounded. The rule provides that the movant shall not file the actual material sought to be impounded until the court has either allowed the motion for impoundment or ordered an in camera submission.

The court may order the movant to submit the specific impounded information for an in camera review prior to ruling on the motion, and the court has discretion to order the movant to file a redacted copy for public inspection. If the court denies the motion, the movant will be afforded fourteen days to retrieve the material from the court clerk or to file them in their entirety. Should the same materials be filed, they will be placed in the public case record. The clerk will destroy any materials that have not been retrieved or filed by the fifteenth day.

In general, most motions for impoundment will be filed pursuant to Rule 2(b)(1), prior to submission of the actual material sought to be impounded. Rule 2(b)(3) governs only situations when the case record contains a previously filed document or information that is otherwise public but subsequently becomes the subject of a motion for impoundment. Rule 2(b)(3) requires the clerk to remove the subject material from the case record and withhold it from public dissemination pending the court's ruling on the motion. The clerk should bring the motion to the court for consideration as soon as reasonably practicable, and a hearing is required within three days unless otherwise agreed by the parties or ordered by the court. Importantly, Rule 2(b)(3) is not a substitute or alternative to a Rule 2(b)(1) motion. If a movant seeks ex parte relief, then Rule 3 must be followed.