S.D. Ill. SDIL-LR 5.2

(a) Consistent with guidance received from the Administrative Office of the

United States Courts, good cause exists (1) to permit nonelectronic filing

under Federal Rule of Civil Procedure 5(d)(3)(A) and Federal Rule of

Criminal Procedure 49(b)(3)(A) and (2) to adopt the HSD Guidance, see

Appendix F, which includes a standard definition of HSDs, a dedicated

procedure for filing, serving, and maintaining HSDs, and factors to be

considered by judicial officers in determining if a document is an HSD.

(b) Until such time as the Court and these Local Rules hold 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 Local Rule

and the HSD Guidance 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

(1) Documents and Materials Subject to this Local Rule

(A) Definition: An 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 manner.

Although frequently related to law enforcement materials,

especially sensitive information in a civil case could also qualify

for HSD treatment.

1 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 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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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.

(2) Requesting HSD Designation

(A) Any party seeking to designate materials as HSD must file a

motion in person at the Clerk’s Office in the manner provided

in paragraph 2(B). Parties shall not file any materials or

motions seeking designation of materials as HSD

electronically. The motion shall include the following:

i. A certification of the movant’s good-faith belief that the

material meets the HSD definition;

ii. An explanation articulating why HSD treatment is

warranted, including, as appropriate, the contents of the

document, the nature of the investigation or litigation, and

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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, and

iii. A proposed order that provides the information stated in

paragraph 3 below.

iv. The requesting party shall serve the proposed HSD on the

other parties by non-electronic means (paper or secure

electronic device) directly upon the party or, when the

Civil or Criminal rules permit or the Court orders, upon

the attorney representing the party.

(B) The motion and proposed HSD material 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 copy of the HSD’s caption page (with

confidential information redacted).

(3) Order Granting HSD Designation

(A) 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:

i. State the identity of the persons who are to have access to

the documents; and

ii. Set forth instructions for the duration of HSD treatment.

HSDs are stored temporarily or permanently offline as the

situation requires. When designating a document as an

HSD, this Court should indicate when the designation will

automatically lapse or when the designation will be

revisited by the judicial officer. HSDs should be migrated

as sealed documents into the Court’s electronic docketing

system and unsealed, as appropriate, 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.

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(B) The Clerk of Court 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. For example:

5/25/23 [no link] SYSTEM ENTRY-Docket Entry 92

Restricted until further notice (Entered 5/25/23).

(D) An opinion or order entered by the Court related to an HSD

may itself constitute an HSD if it reveals sensitive information

in the HSD. If the Court determines that an order qualifies as

an HSD, the Clerk’s Office will file and maintain the order as an

HSD and will serve paper copies of any filing issued by the

Court via United States mail.

(E) An HSD in the lower court’s record will ordinarily be also

regarded by an appellate court as an HSD.

(5) Safeguarding Internal Communication: Care should also be taken in

internal Court communications regarding HSDs, including notes and

pre-decisional materials, not to include the protected substance of

HSDs in any communication using the internet or a computer

connected to a network.