General Order 21‐01
In Re: Procedures for the Filing, Service, and Management of Highly Sensitive Documents
2. Obtaining Authorization to File a Document as an HSD
A party seeking to file a document as an HSD first must obtain an order authorizing the
filing of the document as an HSD as follows:
a. Filing a Motion by Represented Parties
i. Except as set forth in paragraph 2.f below, a represented party must
electronically file in CM/ECF a motion to treat a document as an HSD
together with a proposed order. The proposed HSD itself must not be filed
electronically. The motion must explain why the document constitutes an
HSD.
ii. As soon as practicable after the motion is filed, the filing party must
deliver to the clerk’s office two paper copies of: the proposed HSD and a
certificate of service demonstrating compliance with paragraph 2.c. The
required documents, unfolded, must be submitted to the clerk’s office in a
sealed envelope marked “HIGHLY SENSITIVE DOCUMENT.” The
outside of the envelope must be affixed with a copy of the proposed
HSD’s caption page (with any confidential information redacted) and with
a copy of the notice of electronic filing generated from CM/ECF upon the
filing of the motion to treat the document as highly sensitive.
b. Filing a Motion by Pro Se Parties
Pro se parties must submit to the clerk’s office for filing two paper copies of: a
motion to treat a document as an HSD that explains why the document constitutes
an HSD, the proposed HSD, and a certificate of service demonstrating compliance
with paragraph 2.c. The required documents, unfolded, must be submitted to the
clerk’s office in a sealed envelope marked “HIGHLY SENSITIVE
DOCUMENT.” The outside of the envelope must be affixed with a copy of the
HSD’s caption page (with any confidential information redacted).
c. Service by All Parties
The filing party must serve the proposed HSD and any other documents submitted
to the clerk’s office in paper (including, for pro se filers, the motion to file a
document as an HSD) on the other parties as follows:
1. Civil cases - by any manner specified in Fed. R. Civ. P. 5(b)(2), excluding
service via the court’s electronic filing system; or
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General Order 21‐01
In Re: Procedures for the Filing, Service, and Management of Highly Sensitive Documents
2. Criminal cases - by any manner specified in Fed. R. Crim. P. 49(a)(3)(B)
or (a)(4).
d. Issuance of Court Order
The court will issue an order on the motion to treat a document as an HSD. If the
motion is granted, then, with no further action required from the parties, an
informational entry will be made on the case docket indicating that the HSD has
been filed with the court. The clerk’s office will maintain the HSD in a secure
paper filing system and/or a secure standalone computer system that is not
connected to any network.
If the motion is denied, the proposed HSD will be deemed withdrawn and may be
retrieved from the clerk’s office by the filing party or counsel within ten calendar
days from the date of entry of the order. After ten calendar days, the proposed
HSD may be destroyed by the clerk’s office without further notice.
e. Entire Case Deemed HSD
In rare cases in which most filings are expected to be HSD, a judge, sua sponte or
upon motion, may deem an entire case highly sensitive. Once a case is deemed
highly sensitive, further motions to treat a document filed within that case as an
HSD are unnecessary.
f. Exceptions to the Requirement that a Represented Party File Electronically in
CM/ECF a Motion to Treat a Document as an HSD
Exceptions to the requirement that a represented party file electronically in
CM/ECF a motion seeking to treat a document as an HSD are the following: (1)
Motions to be filed in sealed criminal and civil cases must be filed in paper with
the clerk’s office; (2) Applications for electronic surveillance under 18 U.S.C. §
2518 and duty magistrate judge matters, together with the motion, proposed order,
and proposed HSD, must be presented in paper to the duty district judge or
magistrate judge in chambers; (3) Motions to file a civil complaint as an HSD
must be filed with the clerk’s office in paper along with the complaint; and (4)
Oral motions made in open court regarding a cooperating defendant in a criminal
case must be accompanied by a proposed order.
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General Order 21-01
In Re: Procedures for the Filing, Service, and Management of Highly Sensitive Documents
3. Service of Highly Sensitive Court Orders
If the court determines that a court order contains highly sensitive information, the clerk's
office will file and maintain the order in a secure paper filing system and/or a secure
standalone computer system that is not connected to any network and will serve paper
copies of the order on the parties via mail.
4. Removal of Existing HSDs or Highly Sensitive Cases from the Court's Electronic
Filing System
a. Upon motion of a party or upon its own motion, the court may determine that a
document, case, or any portion of it that has been filed electronically is highly
sensitive and direct that the HSD or case be removed from the court's electronic
filing system and maintained by the clerk' s office in a secure paper filing system
and/or a secure standalone computer system that is not connected to any network.
b. A party' s motion to remove an HSD or highly sensitive case from the court' s
electronic filing system must explain why such document or case is highly
sensitive under the criteria set out in paragraph 1 above or why it should
otherwise be subject to the heightened protection for HSDs.
5. Questions about HSD Filing Procedures
Any questions about how an HSD should be filed with the court pursuant to this General
Order should be directed to the clerk's office.
IT IS SO ORDERED, this __L3_ day of January 2021.
THOMAS W. THRASH, JR.
CHIEF UNITED STATES DISTRICT JUDGE
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