Local Rule RULE 9018-1: Highly Sensitive Documents (HSDs)

RULE 9018-1. Highly Sensitive Documents (HSDs)

A Highly Sensitive Document (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 way. Factors to be considered in making the determination include whether the document involves matters of national security; foreign sovereign interests; cybersecurity; intellectual property or trade secrets; terrorism; public officials; or the reputational interests of the United States.

(a) To have a document filed as an HSD, a party must submit to the clerk's office a motion to treat a document as an HSD, the HSD sought to be filed, and a certificate of service. The required documents shall be submitted nonelectronically to the clerk's office in a sealed envelope marked "HIGHLY SENSITIVE DOCUMENT."

(b) Upon receipt, the clerk's office will make an informational entry on the case docket indicating that an HSD motion was received and delivered to chambers.

(c) The Court will issue an order on the motion, and if granted, an informational entry will be made on the case docket indicating that the HSD has been filed with the Court. The clerk's office will maintain the HSD in a secure format outside CM/ECF. If the motion is denied, the filing party is responsible for filing the document under existing procedures outlined in these Local Rules.

Comment: This Local Rule is specific to documents that satisfy the Highly Sensitive Documents (HSD) criteria. Please refer to Fed. R. Bankr. P. 9037 for how to file a document under seal that does not satisfy the criteria of Mont. LBR 9018-1.