A. What constitutes filing/official record. Electronic transmission of a
document to the Electronic Filing System together with the transmission of a
Notice of Electronic Filing from the court constitutes filing of the document
for all purposes of the local rules of this court and the Federal Rules of Civil
Procedure and constitutes entry of the document on the docket kept by the
clerk of court under Fed. R. Civ. P. 58 and 79. When a document has been
filed electronically, the official record is the electronic document as stored by
the court and is deemed filed at the date and time stated on the Notice of
Electronic Filing from the court. The party filing the document is bound by
the document as filed.
B. What constitutes an electronic signature. In addition to the requirements
contained in Rule 5(d)(3)(C) of the Federal Rules of Civil Procedure, the name
of the filing user under whose login and password the documents are
submitted must be preceded by a “/s/” and typed in the space where the
signature would otherwise appear unless a facsimile of the filing user’s
signature appears in the signature block.
C. Duty to protect login and password. No filing user or other person may
knowingly permit a filing user’s login and password to be used by someone
other than an authorized agent of the filing user. If they learn that their
password has been compromised, they must immediately notify the clerk.
Attorneys may be subject to sanctions for failure to comply with this
provision.
D. Documents requiring the signature of more than one party. Documents
requiring signatures of more than one party may be electronically filed either
by (a) submitting a scanned document containing all necessary signatures;
or (b) in any other manner approved by the court. When filing documents that
require signatures from other parties, it is not permissible to insert a “/s/”
for another person’s signature.
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E. Restricted Hyperlinks. Because a website address within a court filing
becomes a hyperlink to the internet location upon filing in the CM/ECF
system, counsel must redact from any filed documents any website address
that directs the court to a website that contains pornography or personal
identifiers. After filing the redacted document, counsel must provide an
unredacted version to the clerk of court for filing under seal.
F. Filing Documents outside of CM/ECF. Highly sensitive documents may be
filed outside of the court’s Electronic Filing System.
Highly Sensitive Documents
1. A highly Sensitive Document (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 way. Although frequently related to law
enforcement materials, especially sensitive information in a civil case
could also qualify for HSD treatment.
a. Examples of HSDs: Examples include ex parte sealed filings
related to: national security investigations, cyber investigations,
and especially 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.
b. Exclusions: Most materials currently filed under seal do not meet
the definition of HSD and do not merit the heightened protections
afforded to HSDs. The form or nature of the document, by itself,
does not determine whether HSD treatment is warranted. Instead,
the focus is on the severity of the consequences for the parties or
the public should the document be accessed without
authorization. Most presentence reports, pretrial release reports,
pleadings related to cooperation in criminal cases, social security
records, administrative immigration records, applications for
search warrants, interception of wire, oral, or electronic
communications under 18 U.S.C. § 2518, and applications for pen
registers, trap, and trace devices would not meet the HSD
definition.
Any dispute as to whether a document is an HSD will be resolved by the
presiding judge or, when no presiding judge is assigned, the Chief Judge.
2. Motion Required. A represented or pro se party must file a motion to
treat a document as an HSD and a proposed order in the same manner
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as a motion to file under seal pursuant to D.S.D. Civ. LR 7.1 A and Crim.
