CLERK, U.8, DISTRICT COURT

FILED

SEP 29 2025

CLERK, U.8, DISTRICT COURT

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS

FOR THE SOUTHERN DISTRICT OF ILLINOIS EAST ST. LOUIS OFFICE

IN RE:

)

PROCEDURES FOR REQUESTING, ) Administrative Order No. 286

FILING, AND MANAGEMENT OF ) (Fifth Amended)

HIGHLY SENSITIVE DOCUMENTS.

FIFTH AMENDED ADMINISTRATIVE ORDER

In January 2021, in response to widespread breaches of both private sector and

government computer systems as part of what was reported to be an intelligencegathering operation by a hostile foreign government, the Judicial Conference directed

all federal courts to immediately add new security procedures to protect sealed

documents containing highly sensitive information, referred to hereafter as “highly

sensitive documents” (HSD). This Court issued Administrative Order 286 on January

15, 2021, First Amended Administrative Order 286 on April 12, 2021, Second Amended

Administrative Order 286 on May 7, 2024, Third Amended Administrative Order 286 on

August 30, 2024, and Fourth Amended Administrative Order 286 on August 19, 2025,

outlining the procedures adopted in this district for HSD. Except as expressly noted, this

Fifth Amended Administrative Order revises those procedures, thereby superseding

and vacating all prior orders and any inconsistent local rules concerning HSDs.

The Court finds that good cause exists to permit nonelectronic filing under

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

49(b)(3)(A) for HSD.

Therefore, IT IS ORDERED that, effective immediately and until such time as

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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 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. Documents and Materials Subject to this Order

a. 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

designation. 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. HSDs Require the Filing of a Motion: any document that a party seeks to receive

HSD designation first requires the filing of a motion. The form or nature of the

document, by itself, does not determine whether HSD designation is warranted.

'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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Instead, the focus is on the severity of the consequences for the parties or the

public should the document be accessed without authorization and can include

ex parte sealed filings relating to | national security investigations, cyber

investigations, 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.

3. Requesting HSD Designation

a. Any party seeking to designate documents as HSDs must first 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. Acertification 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 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 4 below.

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

parties, if required, 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).

4, 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;

and

b. 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.

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5. Filing An HSD

a.

A copy of the order granting HSD designation must be included with any

document filed as an HSD.

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.

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).

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.

An HSD in the lower court's record will ordinarily be also regarded by an

appellate court as an HSD.

6. 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

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using the internet or a computer connected to a network.

7. Any questions about how an HSD should be filed with the Court pursuant to this

Order should be directed to the Clerk’s Office at (618) 482-9371.

IT IS SO ORDERED.

DATED: September 29, 2025

NANCY J. ROSENSTENGEL

Chief U.S. District Judge

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