a Generally. Unless authorized by statute, rule, or court order, no document may be filed under seal in an unsealed civil action.
Rule 5.4.Sealing and unsealing court records.
Last amended January 1, 2020 · Last verified July 1, 2026
In one sentenceRule 5.4 sets a strict four-part test a party must satisfy before any court record can be sealed, spells out how sealed and lodged documents move through the clerk's office and up on appeal, and lays out a parallel process for unsealing them later.
Full Text of Rule 5.4
b Definitions. For this rule’s purposes:
1 “document” means any filing, exhibit, record, or other documentary material to be filed or lodged with the court;
2 “case-initiating document” means the complaint or other document that a party files with the court to commence a civil action;
3 “lodged document” means a document that is temporarily deposited with the court but is not filed or made available for public access;
4 “public access” means the inspection or copying of a document by a member of the public; and
5 “sealed document” means a document filed or lodged with the court for which public access is prohibited by statute, rule, or court order.
c Order permitting a document to be filed under seal.
1 Generally. On motion, stipulation or on its own, a court may order a document to be filed under seal if this rule’s requirements are met. Unless the court determines that an entire category or type of document meets this rule’s requirements, a court may not enter an order that gives advance authorization to file such documents under seal.
2 Requirements. Unless a statute, rule, or prior court order authorizes a document to be filed under seal, a court may order that a document may be filed under seal only if it finds in a written order that:
A an overriding interest exists that supports filing the document under seal and overcomes the right of public access to it;
B a substantial probability exists that the person seeking to file the document under seal (or another person) would be prejudiced if it is not filed under seal;
C the proposed restriction on public access to the document is no greater than necessary to preserve the confidentiality of the information subject to the overriding interest; and
D no reasonable, less restrictive alternative exists to preserve the confidentiality of the information subject to the overriding interest.
3 Order’s Contents.
A If All of a Document Is Protected. If the court finds that the requirements for filing a document under seal are met and the entire document meets those requirements, it must order the clerk to file the document under seal.
B If Only Part of a Document Is Protected. If the court finds only certain pages or portions of pages of a document contain information that merit being placed under seal, it must order:
i the submitting person, if he or she has not already done so, to file a publicly accessible version of the document that redacts only those portions of the document; and
ii the clerk to file under seal the unredacted version of the document lodged under Rule 5.4 (e).
C Advance Authorization. If the court determines that an entire category or type of document meets this rule’s requirements, it may enter an order:
i authorizing one or more designated parties or persons to file under seal any document that falls within a designated document category or type; and
ii directing the clerk to file under seal any document submitted by a designated party or person if the clerk is presented with a copy of the court’s order.
4 The Clerk’s Duties. If the court orders the sealing of a document, the clerk must file the order to seal, file the document under seal as directed in the court’s order, and secure the sealed document from public access. Unless the court orders otherwise, the date of the sealed document’s filing is the date the document was lodged with the clerk. The clerk must maintain the document under seal until further order of the court. Nothing in this rule is intended to affect the clerk’s normal records disposition policy.
5 Record on Appeal.
A Generally. Unless the appellate court orders otherwise, a document that is filed under seal remains sealed when transmitted to an appellate court as part of the record on appeal.
B Denial of a Motion or Stipulation to Seal. If a request is made under Rule 5.4 (f)(2)(A) that the clerk retain a lodged document for the purpose of transmitting it to an appellate court in connection with a challenge to a complete denial of a motion or stipulation to file the document under seal, the clerk must transmit the document to the appellate court under seal. Upon transmittal, the appellate clerk must maintain the document under seal unless the appellate court orders otherwise.
6 Sanctions. A court may issue monetary sanctions against any person who discloses any document, or any protected portion of a document, the person knows or should know is sealed or lodged under this rule. A court may also issue monetary sanctions against any person who knowingly violates any provision of this rule.
d Motion or stipulation to file a document under seal.
1 Generally. Any person may file a motion or join in a stipulation to file a document under seal.
2 Contents. Any motion or stipulation to file a document under seal must set forth a clear statement of the facts and legal authority justifying the filing of the document under seal, including, if applicable, why the request satisfies the requirements of Rule 5.4 (c)(2). It also must state whether any party opposes the request, and, if no party opposes it, the submitting person also must insert the phrase “Not Opposed” below the title of the motion or stipulation.
3 Good Faith Consultation. If the request is made by a motion or by a stipulation joined by fewer than all the parties, the motion or stipulation must be accompanied by a Rule 7.1 (h) good faith consultation certificate.
4 Proposed Order. A proposed order complying with Rule 5.1 (d) must accompany a motion or stipulation to file a document under seal.
5 Public Version. Unless the motion or stipulation seeks to file under seal all of a document’s contents, the submitting person must file a publicly accessible version of the document that redacts the portions of the document subject to the motion or stipulation. If a person files a document under seal under an order providing advance authorization to do so and if only part of the document falls within the
category or type protected from disclosure under the order, the submitting person must file a publicly accessible version of the document that redacts only the protected portions of the document.
e Lodging and serving a document to be filed under seal.
1 Generally. Unless the court orders otherwise or the motion or stipulation seeks advance authorization to file under seal a specific category or type of documents, the submitting person must:
A separately lodge with the court the entire document subject to the motion or stipulation; and
B serve a copy of the entire document on all parties to the action and provide a courtesy copy to the assigned judge.
2 Submission. Unless the clerk has a procedure allowing such documents to be lodged electronically, the person filing the motion or stipulation must submit the document or documents to the clerk in paper form in a secured envelope. A cover sheet must be affixed to the envelope prominently displaying the notation “DOCUMENT(S) PROPOSED FOR FILING UNDER SEAL” and clearly identifying:
A the case number and title of the action in which the document or documents are to be filed;
B the motion or stipulation seeking to have the document or documents filed under seal;
C the underlying motion to which the document or documents pertain; and
D each document contained in the envelope with sufficient detail so the court can readily identify it, and the number of pages in each document.
3 The Clerk’s Duties.
A Retention. If a document is lodged with the court under this rule, the clerk must retain but not file the document unless the court orders it filed. The clerk may scan the document and retain it electronically. If it does so, it may destroy the paper copy of the document or return it the submitting person.
B Public Access. Until the court decides whether to permit the document to be filed under seal, the clerk must not allow public access to the document. If the court denies the motion or stipulation to file the document under seal, the clerk must continue to restrict public access to the document until it may destroy, delete, or return it as provided in Rule 5.4 (f) or as the court orders otherwise.
C Documents Already in the Public File. If a copy of a lodged document is already in the public file when the motion or stipulation is filed and if the person files a separate written request specifically directed to the clerk asking for such relief (entitled “Request to Clerk to Disallow Public Access to a Document Pending Judicial Review”), the clerk must discontinue allowing public access to the document pending the court’s decision whether to permit the document to be filed under seal.
f Procedures if a request to file a document under seal is completely or partly denied.
1 The Submitting Person’s Duties. If the court completely or partially denies a motion or stipulation to file a document under seal, the submitting person must file within 7 days of the order’s entry:
A a publicly accessible version of the entire document that conforms to the court’s order;
B a notice stating that the person no longer wants to file the document; or
C an unredacted copy of the document.
2 The Clerk’s Duties.
A If Completely Denied. If the court denies in full a motion or stipulation to file a document under seal, the clerk must retain the lodged document for at least 7 days after the entry of the order. After that period of time, the clerk may destroy or delete the lodged document or return it to the submitting person unless the submitting person files a written request specifically directed to
the clerk (and entitled “Request to Clerk to Retain Lodged Document for Appellate Review”) asking the clerk to retain the lodged document to allow the person to seek appellate review of the denial. If such a request is made, the clerk must maintain the lodged document under seal until the person withdraws the request, the superior court or the appellate court orders otherwise, or the time for appeal expires, at which time the clerk may destroy or delete the lodged document or return it to the submitting person.
B If Partly Denied. If the court partly denies a motion or stipulation to file a document under seal and the submitting person files a notice stating that the person no longer wants to file the document, the clerk may destroy or delete the lodged document or return it to the submitting person.
g Documents produced by others that are governed by a protective order or confidentiality agreement.
1 Scope. Unless the court orders otherwise, this rule governs the procedure a party should follow if it seeks to file (or disclose the contents of) a document produced by another person and if a protective order or confidentiality agreement requires the party to ask the court to file the document (or the portion of a brief or affidavit disclosing its contents) under seal.
2 Good Faith Consultation. Before filing anything with the court, the party seeking to file the document or disclose its contents must first attempt to resolve the matter by good faith consultation, as provided in Rule 7.1 (h), with the person who produced the document. Among other things, they must confer about whether the document (or a proposed filing describing its contents) meets Rule 5.4 (c)(2)’s requirements.
3 Notice of Lodging. If the issue is not resolved, the party seeking to file the document or disclose its contents must lodge and serve the document (or the proposed filing) under seal under Rule 5.4 (e) and file and serve a notice of lodging on all other parties, and, if applicable, on any nonparty who produced the document at issue. The notice must summarize the dispute and set forth the submitting party’s position. It also must be accompanied by a Rule 7.1 (h) good faith consultation certificate.
4 Response to Notice. Within 14 days after the notice is served, the person who produced the document must file and serve either:
A a notice withdrawing its confidentiality designation or waiving any other right to require a party to ask the court to file the document (or the portion of a filing quoting its contents) under seal; or
B a motion to seal and a supporting memorandum meeting the requirements of Rule 5.4 (d). No response to the motion may be filed unless the court authorizes it.
5 If the Producing Person Does Not Respond. If the producing person does not file a notice or a motion as required by Rule 5.4 (g)(4), the court may enter an order making the document (or the portion of a filing quoting its contents) part of the public record.
h Unsealing a document. On motion by any person or on its own after providing reasonable notice to the parties, the court may order that a document be unsealed based on the standards of Rule 5.4 (c)(2). The court’s order must state the reasons for unsealing the document or, if the order denies a motion to unseal the document, the reasons for denying it.
i Case-initiating documents.
1 Publicly Accessible Version.
A Generally. Before a party may file a motion or stipulation to file a case-initiating document under seal, the party must first file a publicly accessible version of the document, which will permit the clerk to assign a case number to the civil action.
B Contents. The publicly accessible version of a case-initiating document must be a version of the document the party ultimately wants to file under seal with redactions covering the portions of the document that are subject to the motion or stipulation.
C No Advance Authorization. A court may not grant advance authorization to lodge or file a case-initiating document under seal.
2 Later Motion or Stipulation to File Under Seal.
A Generally. After filing a publicly accessible version of a case-initiating document, any person may file a motion or join in a stipulation to file a nonpublic version of the document under seal.
B Procedure. The filing party or stipulating parties must comply with the requirements of (c), (d), and (e) of this rule. The motion or stipulation must be publicly accessible and may not be filed under seal, but the motion or stipulation may request the court to file under seal all or portions of supporting documents, such as an affidavit or declaration.
C If Denied. If the court completely or partially denies a motion or stipulation to file a case- initiating document under seal and the submitting party no longer wishes to prosecute the action due to the complete or partial denial by the court, the submitting party must promptly file a notice of, or stipulation or motion for, dismissal under Rule 41. A party also retains the options provided in (f)(1).
D If Partially Granted. If the court finds only certain pages or portions of the case-initiating document contain information that merits being placed under seal, the filing party must comply with (c)(3)(B)(i).
Amendment History
Adopted by R-17-0007, effective January 1, 2018; amended by R-19-0003, effective January 1, 2020.
Plain-English Summary
Arizona starts from a presumption that court records stay open to the public. Rule 5.4 lets a party overcome that presumption only if a court finds, in a written order, that all four requirements are met: an overriding interest supports sealing, a substantial probability of prejudice exists without it, the restriction reaches no further than necessary, and no less restrictive alternative would protect the same interest. A court generally cannot give advance, blanket permission to seal a whole category of documents; it must find that the specific category itself meets all four requirements before doing so.
A party who wants to file something under seal must move for it or join a stipulation, laying out the facts and legal basis for the request, noting whether any party opposes it, and attaching a good faith consultation certificate if not everyone agrees. Unless the request covers an entire document, the filer must also produce a publicly accessible, redacted version alongside it. The document itself is lodged with the clerk — kept out of the public file but not destroyed — while the court decides the motion, and the clerk keeps it sealed once the court grants the request.
If the court denies the request in whole or in part, the filer has seven days to file a redacted public version, withdraw the document, or file it unredacted; if the filer wants to preserve an appeal of that denial, a written request keeps the clerk holding the lodged document until the appeal is resolved. A separate track applies when a party wants to file, under seal, a document someone else produced under a protective order: the two sides must first confer in good faith, and if they cannot agree, the producing person has 14 days to either withdraw its confidentiality claim or file its own motion to seal.
Sealing a document is not permanent. Any person can move to unseal it, and the same four-part standard governs whether the court grants or denies that request. Case-initiating documents like a complaint get special treatment: a party must first file a publicly accessible version so the clerk can open the case, and only afterward may it move to seal all or part of that document; blanket advance authorization to seal a case-initiating document is never available.
Frequently Asked Questions
What must a party show before a document can be filed under seal?
An overriding interest that outweighs the public's right of access, a substantial probability of prejudice without sealing, a restriction no broader than necessary, and no less restrictive alternative available.
Can a court pre-approve sealing an entire category of documents in advance?
Only if the court finds the whole category, not just one document, meets all four sealing requirements; case-initiating documents can never receive this advance authorization.
What happens if the court denies a request to file something under seal?
The filer has seven days to file a public, redacted version, withdraw the document, or file it unredacted, and may ask the clerk to keep holding the sealed copy pending an appeal.
How does a party unseal a document that was previously sealed?
By motion, using the same four-part test the court used to seal it in the first place; the court's order must explain its reasons either way.
Source & verification. The rule text and History are reproduced verbatim from the
official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 5.4). Prescribed by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: sealing court recordsfiling under sealunsealing documentssealed and lodged documents