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UNITED STATES DISTRICT COURT \If
ENTERED
SOUTHERN DISTRICT OF WEST VIRGINIA
APR 6 2021
RORY L PERRY 11, CLERK
IN RE: REVISED PROCEDURES FOR THE DESIGNATION, U.S. o;strict Court
Southern Olstrict of West Vlr lnla
SUBMISSION, FILING AND MANAGEMENT
OF HIGHLY SENSITIVE DOCUMENTS AND MISC. NO. 2:21-mc-0004
PROCEDURES GOVERNING CURRENTLY
SEALED DOCUMENTS
GENERAL ORDER
WHEREAS, by General Order entered January 13, 2021, this Court added new security
protocols to protect what are known as Highly Sensitive Documents (“HSD”). An HSD presents
heightened confidentiality concerns not present in the mine-run of documents for which a sealing
order is sought;
THE COURT FINDS that, pursuant to Federal Rule of Civil Procedure 5(d)(3)(A) and
Federal Rule of Criminal Procedure 49(b)(3)(A), good cause exists to require HSD filers to follow
the procedures within. Filers requesting simply a sealing order — but not an HSD designation —
must continue to use Section 12 of the Administrative Procedures for Electronic Case Filing.
THEREFORE, IT IS HEREBY ORDERED, effective this date and pending further
Order, that a filer seeking an HSD designation must follow the procedures herein in lieu of any
contrary procedures in other General Orders, the Local Rules of Procedure for the Southern District
of West Virginia, and the Administrative Procedures for Electronic Case Filing, unless otherwise
noted below.
I. HSD CATEGORICAL DESIGNATION, EXEMPTION, AND DISPUTE
RESOLUTION
A. Categorical Designation: The following are categorially designated HSDs: (1) applications
for search warrants relating to high profile national security investigations; (2) applications
for electronic surveillance. Filers of these documents will continue to use the conventional
filing procedures presently in place for such applications.
B. Categorical Exemption: Absent a contrary showing by a movant resorting to Section II
within, the following will be deemed categorically exempt from HSD categorization: (1)
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presentence reports; (2) pretrial release reports; (3) pleadings related to cooperation in most
criminal cases; (4) the administrative record in Social Security cases; (5) administrative
immigration records; (6) sealed civil case filings; (7) routine criminal case filings such as
complaints, indictments, and grand jury materials; (8) documents containing unredacted
personal identifiers; (9) supervised release petitions; (10) medical records; (11) motions for
substantial assistance; and (12) search warrants in routine criminal investigations that do not
relate to high profile national security matters and otherwise do not implicate any of the
factors for which an HSD designation would be appropriate under Section II.
C. Dispute Resolution: Any dispute respecting whether a document qualifies for HSD
designation will be resolved by the Chief Judge, or his or her designee, in the event of the
absence or unavailability of the assigned judge. Neither counsel nor the parties may require
or stipulate to HSD designation. The designation may be affixed only by written order.
II. PROCEDURES FOR HSD DESIGNATION AND MANAGEMENT
A. Seeking HSD Designation: A filer seeking an HSD designation must submit a motion and
proposed order according to Section 12 of the Administrative Procedures for Electronic Case
Filing. Unless ex parte process is permitted, the filer must comply with the applicable rules
governing service. The movant is obligated to explain the necessity of HSD designation by
discussing, for example, the extent to which the filing (1) impacts national security, foreign
sovereign interests, or cybersecurity; (2) implicates important domestic or national interests;
(3) involves public officials listed in the Order of Precedence maintained by the Ceremonials
Division of the Office of the Chief of Protocol of the United States; (4) includes intellectual
property or trade secrets; or (5) unfavorably affects the reputational interests of the United
States.
B. Proposed HSD Submission by Filers: The proposed HSD shall not be uploaded to or appear
within the CM/ECF system. It must be filed in accordance with Section II, outside the
CM/ECF system. The filer shall submit two (2) conventional copies of the proposed HSD to
the Clerk, with a courtesy copy to Chambers. The unfolded HSD must be tendered in a
number 9 envelope labeled on both sides as follows: (1) “HIGHLY SENSITIVE
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DOCUMENT” in 48 point, boldface type, and (2) the case caption and redacted title of the
proposed HSD.
C. HSD Management by Clerk: The Clerk will maintain the proposed HSD in a secure paper
filing system. If the Court ultimately designates the subject document an HSD, or sua sponte
makes such designation, the Clerk will add to the CM/ECF docket a sterile entry indicating
the HSD filing in the relevant case, unless otherwise ordered. The Court will provide
distribution instructions for all HSDs in the final line of its designation order.
D. Sealed Documents Currently Filed in CM/ECF: Unless otherwise ordered by the assigned
judge, no sealed document presently in the CM/ECF system will be recharacterized sua
sponte as an HSD. Any filer or interested party seeking HSD treatment for any currently
sealed document must proceed in accordance with Section II.
SO ORDERED this 6th day of April 2021.
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