FILED IN THE
UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
Jan 25, 2023, 9:43 am
John A. Mannle, Clerk of Court
IN THE UNITED STATES DISTRICT COURT
FOR THE HAWAII
IN RE: )
PROCEDURES FOR THE FILING, ) GENERAL ORDER
SERVICE, AND MANAGEMENT OF ) 23-9000
HIGHLY SENSITIVE DOCUMENTS )
)
WHEREAS, in response to disclosures of wide-spread breaches of both private sector
and government computer systems, federal courts are adding new security procedures to protect
highly sensitive documents filed with the courts;
THE COURT FINDS that, pursuant to Civil Rule 5(d)(3)(A) and Criminal Rule
49(b)(3)(A), good cause exists to require all parties to file certain highly sensitive documents
outside of the court’s electronic filing system.
THEREFORE, IT IS HEREBY ORDERED that, effective as of the date of this order
and until such time as the court orders otherwise, the filing of certain highly sensitive documents
shall be subject to the procedures and requirements set forth below. This General Order
supersedes any and all inconsistent provisions in existing local rules or other general orders of
this court.
1. Documents Subject to this Order
The filing procedures set forth below apply to documents that contain highly sensitive
information.
a. The following types of documents are deemed highly sensitive documents
(HSDs): Applications for electronic surveillance under 18 U.S.C. § 2518,
unclassified sealed documents involving: foreign sovereign interests; criminal
activity related to cybersecurity, intellectual property, or trade secrets; terrorism;
investigation of public officials; potential negative impact on national security or
foreign relations of the United States; and sensitive commercial information likely
to be of interest to foreign powers.
b. The following types of documents have restricted access and generally are not
considered HSDs: Presentence reports, pretrial release reports, pleadings related
to cooperation in most criminal cases, social security records, administrative
immigration records, and sealed filings in many civil cases.
c. Any dispute as to whether a document is an HSD shall be resolved by the
presiding judge or, when no presiding judge is assigned, the chief judge.
2. Filing of Authorized HSDs
a. A party filing an HSD pursuant to a court order or applicable law shall submit to
the clerk’s office the HSD, the certificate of service, and, if applicable, a copy of
the court order authorizing the treatment of that document as highly sensitive in
paper form.
b. The required documents, shall be submitted to the clerk’s office in a sealed
envelope marked “HIGHLY SENSITIVE DOCUMENT.” The outside of the
envelope shall be affixed with a copy of the HSD’s caption page (with
confidential information redacted).
c. The filing party shall serve the HSD on the other parties as follows:
i. Civil cases - by any manner specified in Civil Rule 5(b)(2), except for
service via the court’s electronic filing system; or
ii. Criminal cases - by any manner specified in Criminal Rule 49(a)(3)(B) or
(a)(4).
d. The clerk’s office will make an informational docket entry in the court’s
electronic filing system indicating that the HSD was filed with the court and will
maintain the HSD in a secure paper filing system.
3. Filing of Motions to Treat a Document as an HSD
a. Represented parties
i. A represented party shall file a motion to treat a document as an HSD and
a proposed order in paper form.
ii. The filing party shall submit to the clerk’s office for filing a motion to
treat a document as an HSD, the HSD sought to be filed, and a certificate
of service, in paper form. The motion shall explain why the proposed
document constitutes an HSD under the criteria set out in paragraph 1.b.
above or why it should otherwise be subject to the heightened protection
for HSDs.
iii. The filing party shall serve the proposed HSD on the other parties as
specified in paragraph 2.c.
iv. The court will issue an order on the motion and, if granted, 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 or a secure standalone computer
system that is not connected to any network.
4. 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 will serve paper
copies of the order on the parties.
5. Removal of Existing HSDs or Highly Sensitive Cases from the Court’s Electronic
Filing System
2
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.
b. A party’s motion to remove an HSD or highly sensitive case from the court’s
electronic filing system shall explain why such document or case is highly
sensitive under the criteria set out in paragraph 1.b. above or why it should
otherwise be subject to the heightened protection for HSDs.
6. 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, 808-541-1890.
IT IS SO ORDERED, this 25 th day of January, 2023.
/s/ Derrick K. Watson
_______________________________
Derrick K. Watson
Chief United States District Judge
3
