Filing Non-Public Criminal Documents. Considering recent cyberattacks, the Court has entered Standing Order 25-02, which revises the procedure for filing non-public documents in criminal cases. A non-public document includes sealed, restricted, and ex parte filings. While the Standing Order does not change the criteria that permit a document to be filed non-publicly, it changes the process for filing non-public documents. Attorneys can no longer file criminal non-public documents in CM/ECF, they must be brought to the Clerk’s Office for filing.
Under the new process, the Clerk’s Office will docket non-public documents using existing events and restrictions but will attach a placeholder. A notice of electronic filing (NEF) will still generate, but there will be no hyperlinked document in the NEF notification or in CM/ECF, only a placeholder. Where service of the non-public document is required, the party must serve it in a secure and timely manner.