Local Criminal Rule 2.3 REVIEW OF SEALED AFFIDAVITS AND SEARCH WARRANTS (a) Review. The court may review orders sealing search warrants and/or affidavits in support thereof at any time upon the request of the prosecuting attorney or upon motion of the court. (b) Notice to and Response from Prosecuting Attorney. In each case in which the court reviews a previously entered order sealing a search warrant and/or affidavit in support thereof, the prosecuting attorney will be provided at least 14 days prior written notice of such review. Prior to such review the prosecuting attorney may submit to the court a memorandum generally setting forth the state's position with regard to unsealing all portions of or none of the sealed affidavit and/or search warrant. (c) Filing of Responsive Memoranda. The original of any memorandum submitted pursuant to subsection (b) will be filed, unsealed, with the order sealing the affidavit and/or search warrant, and the prosecuting attorney will provide a bench copy to the court. The court will consider any requests by the state to seal all or portions of any affidavits or declarations filed in support of the state's memorandum, and, if granted, enter an appropriate order. (d) Order on Review. After considering the state's position and reviewing in camera the order and the affidavit and/or search warrant sealed pursuant thereto, the court will enter an order that (a) the affidavit and/or search warrant continue to be sealed as previously ordered, (b) designated portions of the affidavit and/or search warrant continue to be sealed and that the remainder thereof be unsealed, or (c) the affidavit and/or search warrant be unsealed. [Adopted Effective September 1, 2004]
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