⚠ Recovered from a scanned original by OCR — check the official PDF before quoting exact language.
FILED
IN THE UNITED STATES DISTRICT COURT JAN 1 3 2021
FOR THE WESTERN DISTRICT OF TEXAS CLERK, U S. DISTRICT COURT
WESTERN DISTRICT OF TEXAS
BY_ Via al Vd
DEPUTY
IN RE: §
PROCEDURES FOR THE FILING, §
SERVICE, AND MANAGEMENT OF §
HIGHLY SENSITIVE DOCUMENTS §
WHEREAS, in response to recent disclosures of wide-spread 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 Federal Rule of Civil Procedure 5(d) and Federal
Rule of Criminal Procedure 49(b), good cause exists to require all parties to file certain highly
sensitive documents (HSDs) outside of the Court’s electronic filing system.
THEREFORE, IT IS HEREBY ORDERED that, effective as of the date of this
General Order and until such time as the Court orders otherwise, the filing of certain HSDs shall
be subject to the procedures and requirements set forth below. Except as set out 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 will generally be considered HSDs: Any
document filed under the Classified Information Procedures Act, 18 U.S.C. App.
3; and any other document containing information which, if disclosed, would pose
arisk to national security, a clear and present danger to life and safety or result in
grave or extreme harm, or as determined by the Court.
b. Absent case-specific circumstances, the following types of sealed documents will
generally not be considered HSDs:
(1) complaints, indictments, pretrial release reports, plea agreements and
presentence reports;
(2) routine arrest and search warrants; and
(3) social security records, administrative immigration records, seizure warrants
with sealed affidavits, verified complaints in civil forfeiture cases with sealed
facts and sealed filings in other civil cases.
c. Any dispute as to whether a document is an HSD shall be resolved by the
presiding judge, the duty judge or the chief judge. A judge may decide sua sponte
to treat any document as an HSD, whether or not a party has sought such
designation.
d. Ifa document cannot be designated as an HSD, a party retains the ability to file
such a document in the Court’s CM/ECF system under seal.
2. Filing of Motions to Treat a Document as an HSD
a. Any party wishing to treat any document as an HSD must file a sealed motion to
designate the document as an HSD and a proposed order electronically under
existing procedures, using the “motion for leave to file a sealed document” event,
except that the proposed HSD shall not be filed electronically. The sealed motion
shall explain why the proposed document constitutes an HSD under the criteria
set out in paragraph 1 above, or why it should otherwise be subject to the
heightened protection for HSDs.
b. Unless excused by the Court, any motion under paragraph 2(a) for which service
would be required by statute or rule shall be served on all parties. Motions
requiring service may be served using the Court’s CM/ECF system.
3. Filing of Authorized HSDs
a. A party filing an HSD pursuant to a Court Order granting a motion under
Paragraph 2 shall submit to the Clerk’s office the HSD, any required certificate of
service, and, if necessary, a copy of the Court Order authorizing the filing of that
document as an HSD.
b. Ifthe Clerk’s office receives the HSD in paper format, the HSD 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
half sheet containing only the caption of the case or matter.
c. Ifthe Clerk’s office receives the HSD by way of the Court’s approved content-
sharing platform, the HSD shall not be filed in the Court’s CM/ECF system, but
rather will be maintained in a secure, separate repository.
d. The Clerk’s office will make a sealed 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 or a secure standalone computer
system that is not connected to any network.
4. Highly Sensitive Court Orders
If a Court’s Order contains highly sensitive information, the Clerk’s office will file and
maintain the Order in a secure paper filing system or a secure standalone computer
system that is not connected to any network and will serve paper copies of the Order on
the parties via regular mail.
5. 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 appropriate division of the Clerk’s office.
pba
.
IT IS SO ORDERED, this 13th day of January, 2021.
ORLANDO L. GARCIA
Chief United States District Judge
