Aug 19, 2025
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
IN RE: )
)
PROCEDURES FOR REQUESTING, ) Administrative Order No. 286
FILING, AND MANAGEMENT OF ) (Fourth Amended)
HIGHLY SENSITIVE DOCUMENTS.
FOURTH AMENDED ADMINISTRATIVE ORDER
In January 2021, in response to widespread breaches of both private sector and
government computer systems as part of what was reported to be an intelligence-
gathering operation by a hostile foreign government, the Judicial Conference directed
all federal courts to immediately add new security procedures to protect sealed
documents containing highly sensitive information, referred to hereafter as “highly
sensitive documents” (HSD). This Court issued Administrative Order 286 on January
15, 2021, First Amended Administrative Order 286 on April 12, 2021, Second Amended
Administrative Order 286 on May 7, 2024, and Third Amended Administrative Order
286 on August 30, 2024, outlining the procedures adopted in this district for HSD. Except
as expressly noted, this Fourth Amended Administrative Order revises those
procedures thereby superseding all prior orders and inconsistent local rules concerning
HSDs.
The Court finds that good cause exists to permit nonelectronic filing under
Federal Rule of Civil Procedure 5(d)(3)(A) and Federal Rule of Criminal Procedure
49(b)(3)(A) for HSD.
Therefore, IT IS ORDERED that, effective immediately and until such time as
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the Court orders otherwise, HSDs will be filed and served in paper form (or, if digital
media, on a secure electronic device, such as a flash drive) in accordance with this Order
and will be maintained by the Clerk’s Office in a secure paper filing system or secure
standalone computer system that is not connected to any network. 1
1. Documents and Materials Subject to this Order
a. An HSD is a document or other material that contains sensitive, but
unclassified, information that warrants exceptional handling and storage
procedures to prevent significant consequences that could result if such
information were obtained or disclosed in an unauthorized manner.
Although frequently related to law enforcement materials, especially
sensitive information in a civil case could also qualify for HSD
designation. HSDs vary in their physical form and characteristics. They
may be paper, electronic, audiovisual, microform, or other media. The
term “document” includes all recorded information, regardless of its
physical form or characteristics.
i. The following documents are deemed HSDs (parties need not file
a motion seeking designation of these documents pursuant to
subsection 2 below): ( 1 ) applications for search warrants,
1
This guidance does not apply to classified information, which should be handled according to
the Classified Information Procedures Act (CIPA) and the Chief Justice’s Security Procedures
related thereto, 18 U.S.C. app 3 §§ 1, 9. The Chief Justice’s Security Procedures (criminal
prosecutions) and the Department of Justice regulation 28 C.F.R. § 17.17(c) (civil actions) govern
classified information in any form in the custody of a court.
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including any accompanying affidavits in support of a search
warrant, applications or motions for non-disclosure or delay of
notice of a search warrant, motions to seal the search warrant,
search warrants, and orders granting requests for non-disclosure
or delay of notice, and to seal, (2) applications for a court order
pursuant to 18 U.S.C. § 2703(d), including the order on the
application, (3) applications for interception of wire, oral, or
electronic communications under 18 U.S.C. § 2518, including any
affidavit, warrant, motion to seal, applications for nondisclosure,
and orders on the applications or motions for interception,
nondisclosure, and to seal; (4) applications or motions for pen
registers or applications for pen registers and trap and trace
devices, including any motions to seal and orders on the
applications for pen registers or pen registers and trap and trace
devices or motions to seal; and (5) applications and orders for the
nondisclosure of a grand jury subpoenas.
ii. HSDs That Require the Filing of a Motion: any document not
listed in 1(a)(i) that a party seeks to receive HSD designation first
requires the filing of a motion. The form or nature of the
document, by itself, does not determine whether HSD designation
is warranted. Instead, the focus is on the severity of the
consequences for the parties or the public should the document
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be accessed without authorization and can include ex parte sealed
filings relating to national security investigations, cyber
investigations, sensitive public corruption investigations, and
documents containing a highly exploitable trade secret, financial
information, or computer source code belonging to a private
entity, the disclosure of which could have significant national or
international repercussions.
2. Requesting HSD Designation Under 1(a)(ii)
a. Any party seeking to designate documents referenced in 1(a)(ii) as HSD
must first file a motion in person at the Clerk’s Office in the manner
provided in paragraph 2(b). Parties shall not file any materials or
motions seeking designation of materials as HSD under 1(a)(ii)
electronically. The motion shall include the following:
i. A certification of the movant’s good-faith belief that the material
meets the HSD definition;
ii. An explanation articulating why HSD treatment is warranted,
including, as appropriate, the contents of the document, the
nature of the investigation or litigation, and the potential
consequences to the parties, the public, or national interests, in the
event the information contained in the document is accessed or
disseminated without authorization, and
iii. A proposed order that provides the information stated in
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paragraph 3 below.
iv. The requesting party shall serve the proposed HSD on the other
parties, if required, by non-electronic means (paper or secure
electronic device) directly upon the party or, when the Civil or
Criminal rules permit or the Court orders, upon the attorney
representing the party.
b. The motion and proposed HSD material 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).
3. Order Granting HSD Designation Under Subsection 1(a)(ii)
An order granting a motion seeking HSD designation under 1(a)(ii), or
directing the filing of a document as an HSD under 1(a)(ii) on the Court’s own
motion, must:
a. State the identity of the persons who are to have access to the documents;
and
b. Set forth instructions for the duration of HSD treatment. HSDs are stored
temporarily or permanently offline as the situation requires. When
designating a document as an HSD, this Court should indicate when the
designation will automatically lapse or when the designation will be
revisited by the judicial officer. HSDs should be migrated as sealed
documents into the Court’s electronic docketing system and unsealed, as
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appropriate, as soon as the situation allows.
4. Filing An HSD Under Subsection 1(a)(ii)
a. A copy of the order granting HSD designation under 1(a)(ii) must be
included with any document filed as an HSD under 1(a)(ii).
b. The Clerk of Court will maintain the HSD in a secure paper filing system
or a secure standalone computer system that is not connected to any
network.
c. 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.
The docket entry shall not include personal or other identifying details
related to or contained with the HSD. For example:
5/25/23 [no link] SYSTEM ENTRY-Docket Entry 92
Restricted until further notice (Entered 5/25/23).
d. An opinion or order entered by the Court related to an HSD may itself
constitute an HSD if it reveals sensitive information in the HSD. If the
Court determines that an order qualifies as an HSD, the Clerk’s Office will
file and maintain the order as an HSD and will serve paper copies of any
filing issued by the Court via United States mail.
e. An HSD in the lower court’s record will ordinarily be also regarded by an
appellate court as an HSD.
5. HSDs under Subsection 1(a)(i) are not exempt from the procedures and
requirements set forth under Subsections (2), (3) and (4).
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6. Safeguarding Internal Communication: Care should also be taken in internal
Court communications regarding HSDs, including notes and pre-decisional
materials, not to include the protected substance of HSDs in any communication
using the internet or a computer connected to a network.
7. Questions: Any questions about how an HSD should be filed with the Court
pursuant to this Order should be directed to the Clerk’s Office at (618) 482-9371.
IT IS SO ORDERED.
DATED: August 19, 2025
____________________________
NANCY J. ROSENSTENGEL
Chief U.S. District Judge
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