Relating to the sealing of certain documents alleged to contain trade secrets.

New court rules for sealing trade secrets

Beginning September 1, 2025, the law sets sealing rules for documents filed in trade-secret cases. Earlier document filings remain under prior law. A party sealing its own alleged trade secret must file a notice and a sworn statement describing the information. The statement must include contact information for later notices. The party must give the court a labeled, sealed envelope containing the document and serve copies on all other parties. When someone else claims the trade secret, the filer must identify that person and describe the information in a separate statement. The filer must also serve that person, even if they are not a party. That person has 14 days after receiving notice to file a sworn statement describing the information, contact details, and factual basis. The document stays sealed during that deadline; without a timely statement, it becomes public until the statement is filed. Once all required filings arrive, the document remains sealed unless the court orders it unsealed. Anyone may join the case to seek sealing or unsealing, even after judgment. A person whose alleged trade secret was filed publicly can use the same sealing process as a party. Anyone may request unsealing, with notice sent to the parties and relevant statement submitter by certified mail, return receipt requested. Notice must arrive at least 14 days before the hearing. The court must unseal the document unless the trade-secret holder proves it more likely than not contains a trade secret. For partial unsealing, the court must remove trade-secret information. Hearing participants may appeal an order granting or denying unsealing as a separate final judgment. The trial court keeps authority over sealing, and the state Supreme Court cannot adopt conflicting rules.