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Eastern MO Adopts Order and Process for Further Protection of Highly Sensitive Documents

For further protection of Highly Sensitive Documents (HSDs), the Eastern District of Missouri has created a filing and retention process to maintain those documents outside of the electronic case mangement system.  The Order was effective January 14, 2021, and the accompanying flowcharts explain the filing process.

Per the Order, documents considered HSDs are wiretap applications in any case, as well as documents in any case – whether civil or criminal – of interest to malicious actors, involving: national security, foreign sovereign interests, cybersecurity, the extent of domestic or international interests, information that would put at risk the safety of public officials or the integrity of governmental operations, non-public and sensitive intellectual property or trade secrets, or the reputational interests of the United States. Documents not generally considered HSDs would include: presentence or pretrial release reports and documents related to such reports, pleadings related to cooperation in most criminal cases, social security records, administrative records in immigration cases, and most other sealed filings not specifically mentioned in this paragraph as likely HSDs. Parties are also able to request that documents currently on CM/ECF be deemed HSDs and thus removed from the system.

Please review the full Order for more information, and contact Clerk of Court Greg Linhares at greg_linhares@moed.uscourts.gov(link sends e-mail) or 314-244-7890 if you have further questions.