USDC DNJ
DOCUMENT
ELECTRONICALLY FILED
IN THE UNITED STATES DISTRICT COURT DOC #: ___________________
FOR THE DISTRICT OF NEW JERSEY January 26, 2021
DATE FILED: _______________
IN RE: PROCEDURES FOR THE HANDLING, :
FILING, SERVICE AND MANAGEMENT OF : STANDING ORDER 2021-01
HIGHLY SENSITIVE DOCUMENTS :
WHEREAS, in response to recent disclosures of widespread breaches of both private
sector and government computer systems, federal courts are immediately adding new security
procedures to protect highly sensitive documents filed with the courts;
THE COURT FINDS that, pursuant to Fed. R. Civ. P. 5(d)(3)(A) and Fed. R. Crim.
P. 49(b)(3)(A), good cause exists to require the filing of 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 handling, filing, service and
management of certain highly sensitive documents shall be subject to the procedures and
requirements set forth below. This Standing Order supersedes any and all provisions in
existing local rules or other standing orders of this Court.
1. Documents Subject to this Order
The procedures set forth below apply to highly sensitive documents (HSDs), generally
defined herein as documents that contain highly sensitive information a) that is likely to
be of interest to the intelligence service of a hostile foreign government and whose use or
disclosure by such a government would likely cause significant harm or b) whose
disclosure could jeopardize the safety of specific individuals. That a document satisfies
the legal criteria for filing under seal is a necessary, but not per se sufficient, condition
for treatment as an HSD. Very few documents, other than those enumerated in section
1.a., will contain highly sensitive information.
a. The following types of documents will be presumed to be HSDs:
i. Applications for interception of wire, oral or electronic communications,
pursuant to 18 U.S.C. § 2518; and
ii. All orders granting, authorizing, or denying the aforementioned
documents.
A party filing an HSD pursuant to section 1.a. of this Standing Order shall deliver
to the Clerk’s Office two paper copies of the HSD in a sealed envelope marked
with the notation, “SEALED – HIGHLY SENSITIVE DOCUMENTS,” and with
the Case Number and Case Title.
b. Any other document (including criminal complaints and indictments ordered
sealed) that meets one of the following conditions may be deemed an HSD if the
presiding judge (or Chief Judge, when no presiding judge is assigned) so orders,
after the motion procedure set forth in section 3 below has been followed:
i. The document contains classified information or information that could
harm national security;
ii. Disclosure of the document would likely cause significant harm or could
jeopardize the safety of specific individuals; or
iii. The document concerns a criminal investigation of an individual that is
outside of the United States or of conduct that took place outside of the
United States.
c. The following types of documents, separate and apart from whether they are
subject to restricted access or separate sealing order as set forth in section 7
below, generally are presumed to not be HSDs:
i. Applications for search warrants;
ii. Applications for an order for a pen register or trap and trace device under
18 U.S.C. § 3122;
iii. Applications for an order for disclosure of customer communications or
records under 18 U.S.C. § 2703;
iv. Applications for delayed disclosure under 18 U.S.C. § 2705;
v. Presentence reports and pretrial release reports and documents related to
such reports;
vi. Criminal complaints and indictments;
vii. Pleadings and documents related to cooperation in most criminal cases;
viii. Filings and documents related to petitions for compassionate release
and/or other sentencing relief;
ix. Petitions for Warrant or Summons of a defendant under Supervision;
x. Applications for an ex parte tax order under 26 U.S.C. § 6103;
xi. Social Security records;
xii. Administrative immigration records;
xiii. Sealed filings in most civil cases; and
xiv. All orders and warrants granting, authorizing or denying the
aforementioned documents.
d. 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, after the
motion procedure set forth in section 3 below has been followed.
2. Filing through Judicial Officer
HSDs that require Court adjudication shall be transmitted via a secure method as
approved by the Court. If the prescribed method of secure transmission is not available
due to exigent circumstances, transmission by other means must be approved by 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.
2
Filing of Motions to Treat a Document as an HSD Under Section 1.b.
D Represented Parties. If represented by counsel, in order to have a document
treated as an HSD, a party shall file a motion complying with L. Civ. R. 7.1
(except for ex parte criminal applications and filings, which shall follow the
procedure in section 3.b.), seeking such treatment via CM/ECF, using a new
event called Motion for Highly Sensitive Document, except that a copy of the
proposed HSD shall not be filed electronically. The motion shall explain why the
proposed document should be afforded treatment as an HSD under the criteria set
out in section 1.b. above or why it should otherwise be afforded the heightened
protection for HSDs. Once the motion is filed, a “blank placeholder
document”[sample form attached] shall be filed using the normal ECF event that
one woulduse to file the proposed HSD, in order to reserve a document number.
As soon aspracticable after the motion is filed electronically, the filing party
shall deliver bypaper copy to the Clerk’s Office the following documents in a
sealed envelopemarked with the notation, “SEALED – HIGHLY SENSITIVE
DOCUMENTS,”and with the Case Number and Case Title:
L Proposed HSD;
LL Printed copy of the filed placeholder;
LLL Notice of Electronic Filing;
LY Certificate of Service – reflecting service has been made consistent with
section 3.d. below.
One courtesy copy of the documents listed in i.- iv. above, placed in a sealed
envelope marked “SEALED - HIGHLY SENSITIVE DOCUMENTS,” shall be
delivered to the presiding district judge and magistrate judge assigned to the case,
or to the Chief Judge, if no judge has yet been assigned to the case.
b. Ex Parte Criminal Applications and Filings. To designate a document as an
HSD when making an ex parte criminal application or filing, the Government
shall include in the submission an application and proposed order to designate the
document as an HSD. The Court will treat the proposed HSD and accompanying
application and order as an HSD while the application is under consideration.
c. Pro Se Parties. If not represented by counsel, in order to have a document treated
as an HSD, a party shall file by paper a motion complying with L. Civ. R. 7.1 to
treat a document as an HSD, the proposed HSD, and a certificate of service
(reflecting service has been made consistent with section 3.d. below), along with
one courtesy copy of the foregoing documents. The motion shall explain why the
proposed document should be afforded treatment as an HSD under the criteria set
out in section 1.b. above or why it should otherwise be afforded the heightened
protection for HSDs. These documents shall be submitted to the Clerk’s Office in
a sealed envelope marked with the notation “SEALED - HIGHLY SENSITIVE
DOCUMENTS,” and with the Case Number and Case Title.
3
d. Except as excused by the Court, the filing party shall serve the HSD on the other
parties as follows:
i. Civil cases - by any manner specified in Fed. R. Civ. P. 5(b)(2), except for
service via the Court’s electronic filing system; or
ii. Criminal cases - by any manner specified in Fed. R. Crim. P. 49(a)(3)(B)
or (a)(4).
e. The Court will issue an order deciding the motion and, if granted, an
informational entry will be made on the case docket indicating that the HSD has
been accepted by the Court outside the CM/ECF filing system. 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 maintain the order in a secure paper filing system or secure standalone
computer system that is not connected to any network and will serve paper copies of the
order on all parties by mail or via a secure method as approved by the Court.
5. 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
or a secure standalone computer system that is not connected to any network.
b. Represented parties seeking to remove an existing HSD or highly sensitive case
from the Court’s electronic filing system shall file a motion complying with L.
Civ. R. 7.1 in civil matters and in criminal matters, a proposed order to accompany
supporting documents, using a new event on the Court’s CM/ECF system called
Motion to Remove Existing Highly Sensitive Document, and shall explain why
such document or case should be afforded treatment as an HSD under the criteria
set out in section 1.b. above or why it should otherwise be afforded the heightened
protection for HSDs. Pro se parties may file such a motion by paper copy. Prior to
filing such a motion, serious consideration should be given to whether or not a
document or case, which arguably was or contained HSDs when originally filed,
still qualifies as an HSD or highly sensitive case, despite the passage of time or
change in circumstances. In the event the explanation itself would be highly
sensitive, the supporting brief and any supporting affidavits will be served upon
any opposing party (unless excused by Order or operation of law) and then shall be
delivered in printed form (or as otherwise directed) to the judge presiding over the
case. The judge presiding over the matter shall determine if the brief and/or
4
motion shall then be filed in CM/ECF, under seal or otherwise, or treated as an
HSD.
6. Questions about HSD Filing Procedures
Any questions about how an HSD should be filed with the Court pursuant to this Standing
Order should be directed to ECF helpdesk at
[email protected]. HSDs must not
be emailed to the ECF helpdesk.
7. Sealed or Restricted Filing Procedures
This Standing Order does not change any procedures for filing under seal
documents that are considered sensitive or confidential but do not meet the definition of
an HSD and are filed, in civil matters,under L. Civ. R. 5.3. Nor does this Standing
Order alter any procedures in criminal matters for filing under seal, pursuant to statute,
sensitive or confidential documents that do not qualify as HSDs.
IT IS SO ORDERED, this WKday of January, 2021.
____________________
___
_________ ______
____
__
___
____
___
___
Hon. Freda L. Wo
Wolfson
W lfson
U.S. Chief District Judge
District of New Jersey
5
PLACEHOLDER DOCUMENT
UNITED STATES DISTRICT COURT
DISTRICT OF 1(:-(56(<
PLACEHOLDER FOR
Plaintiff(s)
Case Number:
v.
Defendant(s)
PLEASE USE THIS PLACEHOLDER TO FILE
SEALED HIGHLY SENSITIVE DOCUMENTS (HSDs)
IN BOTH CIVIL AND CRIMINAL CASES
INSTRUCTIONS:
FILE - File this placeholder in ECF in place of the sealed HSD using the normal ECF
event you would use to file the sealed HSD.
PRINT - Print the filed placeholder from ECF as well as a copy of the NEF (Notice of
Electronic Filing) for the placeholder AND the sealed HSD.
DELIVER – Deliver the paper documents to the clerk’s office within 48 hours of the
filing.
COURTESY COPIES - Provide RQHcourtesy cop\to the presiding GLVWULFWjudgeDQG
RQHWRWKHPDJLVWUDWHMXGJHDVVLJQHGWRWKHFDVHRURQHWRWKH&KLHI-XGJHLIQR-XGJH
KDV\HWEHHQDVVLJQHGWRWKHFDVH
The above should be submitted to the clerk’s office and to presiding judge in sealed
envelopes marked “SEALED: HIGHLY SENSITIVE DOCUMENT.”
