ORIGINALLY FILED
2021 JAN 29
AMENDED AND REFILED
2024 MAY 22
CLERK
U.S. DISTRICT COURT
THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
IN RE: A M E N D E D GENERAL ORDER 21-002
PROCEDURES FOR THE FILING, (AMENDED MAY 22, 2024)
SERVICE, AND MANAGEMENT OF
HIGHLY SENSITIVE DOCUMENTS
On January 29, 2021, the Court entered General Order No. 21-002, which is hereby
amended as follows:
WHEREAS, the District of Utah is updating its security procedures to uniformly
protect highly sensitive documents (HSDs), a narrow subset of sealed documents that
must, for their protection, be stored outside the court’s electronic systems;
THE COURT FINDS good cause exists to permit nonelectronic filing and service
of highly sensitive documents under Civil Rule 5(d)(3)(A) and Criminal Rule 49(b)(3)(A).
THERERFORE, IT IS HEREBY ORDERED that, effective as of the date of this
order and until such time as 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 Amended General 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
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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
(DOJ) 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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1. Documents and Materials Subject to This Order
A. Definition: 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 the 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.
i. Examples of HSDs: Examples include ex parte sealed filings relating 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.
ii. Exclusions: Most materials currently filed under seal do not meet the
definition of an 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.
B. 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.
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2. Filing a Motion for HSD Designation
A. Any party seeking to file an HSD must seek leave of court in the manner
outlined below.
i. A motion for HSD designation must be accompanied by a certification
of the movant’s good-faith belief that the material meets the HSD
definition.
ii. The moving party must articulate 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.
iii. The moving party must include a proposed order that provides the
information stated in paragraph 3 below.
iv. The moving party must serve the motion, proposed order, and
proposed HSD (unless moving ex parte) on the other parties by any
secure manner permitted under Fed. R. Civ. P. 5(b) and Fed. R. Crim.
P. 49(a), except the motion, proposed order, and proposed HSD may
not be served electronically.
B. The motion, proposed order, proposed HSD, and a certificate of service
(unless moving ex parte), must be filed, in paper, with the Clerk’s Office in a
sealed envelope marked “HIGHLY SENSITIVE DOCUMENT.” A case caption
page must be affixed to the outside of the envelope (with confidential
information redacted, if necessary).2
C. A courtesy copy of all documents must also be provided, in a separate sealed
envelope, with a caption page attached to the outside of the envelope (with
any confidential information redacted, if necessary). The envelope must be
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The motion, proposed order, and proposed HSD material may be filed in the Clerk’s Office at the Orrin G.
Hatch United States Courthouse in Salt Lake City, or at the courthouse in St. George for Southern Region
cases. However, all HSDs will be maintained by the Clerk’s Office in Salt Lake City.
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marked “HIGHLY SENSITIVE DOCUMENT” and “COURTESY COPY.”
D. A response to the motion is not required unless the court orders otherwise.
3. Order Granting HSD Designation
An order granting a motion seeking HSD designation, or directing the filing of a
document as an HSD on the court’s own motion, must:
A. State the identity of the persons who are to have access to the documents
without further order of the court; and
B. Set forth Instructions for the duration of the HSD treatment. HSDs are stored
temporarily or permanently offline as the situation requires. When designating
a document as an HSD, the court’s order should indicate when the
designation will automatically lapse or when the designation should be
revisited by the judge. HSDs should be migrated as sealed documents to the
court’s electronic docketing system and unsealed as soon as the situation
allows.
4. Filing An HSD
A. A copy of the order granting HSD designation must be included with any
document filed as an HSD.
B. 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.
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.
5. Judicial Determination.
A. The court will determine whether a document meets the HSD definition by
evaluating whether a party has properly articulated sufficient reasons for such
treatment, including the consequences for the matter, should the document
be exposed.
B. The court will consider properly articulated concerns that the unauthorized
access or disclosure of the information contained in the document at issue
would result insignificant adverse consequences that outweigh the
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administrative burden of handling the document as an HSD.
C. As a general matter, the court will give careful and appropriate consideration
to the concerns articulated by the executive branch in matters implicating the
authority of the executive branch to oversee the military and safeguard
national security. If relevant, the court has the discretion to consider the
impact of the heightened protection provided by offline placement to any
other party’s right of access.
D. The fact that a document may contain sensitive, proprietary, confidential,
personally identifying, or financial information about an entity or an individual,
that may justify sealing of the document or case, does not alone qualify the
document as an HSD.
E. When designating a document as an HSD, the court will indicate when the
designation will automatically lapse or when the designation should be
revisited.
6. Service of Highly Sensitive Court Orders
An opinion or order entered by the court related to an HSD may itself constitute an
HSD if it reveals sensitive information. If the court determines that a court order
contains highly sensitive information and qualifies as an HSD, the Clerk’s Office will
file and maintain the order in a secure paper filing and will serve paper copies of the
order on the parties via mail.
7. Removal of Existing HSDs or Highly Sensitive Cases from the Court’s
Electronic Filing System
A. On a party’s motion or on its own, the court may determine that a case,
document, or any portion of a document, 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 be stored outside the court’s electronic
systems.
B. A party’s motion to remove an HSD or highly sensitive case from the
court’s electronic filing system must satisfy the criteria set forth in
paragraph 2.
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8. 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 Clerk’s Office at 801-524-6100 or
[email protected].
IT IS SO ORDERED AMENDED, this 22nd day of May, 2024.
BY THE COURT:
ROBERT J. SHELBY
CHIEF UNITED STATES DISTRICT JUDGE
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