U.S. Court of Appeals for the Federal Circuit

Filing

A party filing material already protected as highly sensitive below must submit a Certificate for Highly Sensitive Document Protection.

“At the time of filing any document containing material already receiving highly sensitive document protection in the originating proceeding, the party must submit a Certificate for Highly Sensitive Document Protection”

Filing

For previously designated highly sensitive material, file only the nonconfidential certificate electronically; file the confidential certificate and proposed document on paper in a sealed envelope.

“Only the nonconfidential version is filed electronically; the confidential version of the Certificate must be filed in paper with the proposed highly sensitive document submitted in a separate, sealed envelope labeled ‘HIGHLY SENSITIVE DOCUMENT.’”

Motions

To seek new highly sensitive protection on appeal, file a motion at the same time as the document containing the material and explain why sealed filing is insufficient.

“A party seeking to have this court designate material as highly sensitive that has not already been so designated must file a Motion for Highly Sensitive Document Protection simultaneously with the appendix, brief, motion or other document containing the material, establishing why the material should be subject to heightened protections for highly sensitive documents beyond those afforded to sealed documents.”

Sealing

Highly sensitive protection applies only when confidential or sealed filing in CM/ECF provides insufficient security.

“These procedures apply only to documents containing material that, due to its highly sensitive nature, requires a level of security greater than that provided through filing as confidential or under seal in CM/ECF.”