UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
)
IN THE MATTER OF: ) No. 1:26-mc-00001-JRS
)
PROCEDURES FOR SEALED FILINGS ) GENERAL ORDER /
) ADMINISTRATIVE POLICY
) 2026-02
)
GENERAL ORDER
The Administrative Office of the U.S. Courts has directed the district courts to
implement new procedures for the storage and management of sealed documents. Sealed
documents include any documents with the following access restrictions: Sealed, Applicable
Party, Ex Parte, and Case Participants. Effective immediately, and until such time as the court
orders otherwise, the United States District Court for the Southern District of Indiana sets forth
the following procedures for the filing, maintenance, and accessing of sealed documents.
1. Filing and Electronic Access to Sealed Documents. Sealed documents
will continue to be filed in CM/ECF under the Court’s existing
procedures (See Local Rule 5-11 and Local Criminal Rule 49.1-2) subject
to the modifications set forth in this Order. After filing, these documents
will only be accessible or viewable in CM/ECF by authorized court staff.
2. Service of Sealed Documents Filed in CM/ECF. Since sealed
documents filed in CM/ECF will no longer be accessible or viewable by
anyone other than authorized court staff, service cannot be accomplished
through CM/ECF. Instead, parties will serve sealed documents
conventionally by other appropriate means as provided by the Federal
Rules of Procedure:
i. Civil cases - by any manner specified in Rule 5(b)(2) of
the Federal Rules of Civil Procedure, except that service
under section (b)(2)(E) (via the court's electronic filing
system) is not permitted.
ii. Criminal cases - by any manner specified in Rule 49 of the
Federal Rules of Criminal Procedure, except that service
under section (a)(3)(A) (via the court's electronic filing
system) is not permitted.
Because service of sealed documents can no longer be accomplished
through CM/ECF, parties must file certificates of service pursuant to
Rule 5(d)(1)(B)(i) of the Federal Rules of Civil Procedure and Rule
49(b)(1) of the Federal Rules of Criminal Procedure.
The Court will serve sealed orders, notices, and other Court-generated
documents by U.S. Mail or secure electronic means to attorneys of
record and via U.S. Mail to pro se litigants.
3. File Stamped Copies. When the sealed document is filed, the
document, along with a copy of the Notice of Electronic Filing (NEF),
serves as the filing party’s “file-stamped” copy of the document. The
NEF contains all of the information that the CM/ECF “banner” on the
document contains, including case number, document number, and date
and time of filing. The NEF also includes the electronic file stamp.
4. Additional Copies of Sealed Documents. Since sealed documents filed
in CM/ECF will no longer be accessible or viewable by anyone other than
authorized court staff, a party with permission to access a sealed
document in a case who requires a copy of a sealed document may contact
the Clerk’s Office to request a copy. Requests should be sent via the
Sealed Documents Request Form available at
https://tools.insd.uscourts.gov/sealed_request/ and include the full name
of the individual requesting the document, their CM/ECF registered
email address, the relevant case number and document number. After
confirming that the party making the request has permission to access the
document, the Clerk’s Office will provide the document(s) by either
secure electronic means or by U.S. Mail. Requests for copies of sealed
documents will be subject to the current docket copy fee rate as set by the
District Court Fee Schedule. To avoid the costs and potential delays from
seeking a copy from the Clerk's Office, parties should consider working
together to re-serve sealed documents when appropriate.
5. Highly Sensitive Documents (HSDs). Sealed documents that are
defined as HSDs will continue to be subject to the Court’s HSD
procedures. For more information on the filing of HSDs, see the Court’s
General Order Re: Procedures for the Filing, Service, and Management
of Highly Sensitive Documents.
This Order supersedes all previous general orders regarding sealed documents. To the
extent this Order is inconsistent with provisions of any existing local rules, this Order supersedes
those provisions as well.
SO ORDERED.
For the Court,
Date: 2/2/2026