IOP 4: Briefs, Appendices, and Hearings in Cases Involving Protective Order

1. All materials (e.g., briefs, appendices, motions, parts of the record) that are subject to a protective order (see Fed. Cir. R. 11 and 17) shall on receipt be supplied with a large sticker stamped “Confidential” and placed on the front and back of the materials. Protected materials shall be disposed of upon completion of the case according to procedures established by the clerk.

2. The senior staff attorney and senior technical assistant shall endeavor to limit circulation of protected materials on an as-needed basis.

3. The clerk shall designate persons on his or her staff authorized to process protected materials.

4. Protected materials in the clerk’s office shall be stored in a secure area.

5. After the case is closed, the clerk will return any original protected materials to the trial tribunal, and will destroy extra copies not required for permanent files of the court.

6. A case involving protected materials may be heard in camera, on motion or on sua sponte order of the court.

7. Oral argument in camera ordinarily shall be scheduled in a regular courtroom as the last case of a session. Before calling the case, the presiding judge shall order the courtroom cleared of all unauthorized persons. Counsel are solely responsible for persons seated at counsel table. Court employees authorized access to the protective materials, and whose duties require attendance, may remain during the hearing.

8. Electronic recordings of in camera hearings shall be considered and treated as protected materials.

9. Public or press inquiries about protected materials or in camera hearings will be referred to the clerk.

10. All court personnel shall be sensitive to the confidential nature of protected material.