Local Rule CR 16.4: Sensitive Material
D. Mont. — Criminal rule
CR 16.4 Sensitive Material
(a) When disclosing information that is of a sensitive nature because it contains personal information, personal identifiers, or financial information, a party may make the disclosure subject to protections contained in this rule by including with the disclosure a written notice explicitly referencing this rule and setting forth the reasons why such protections are warranted. Upon disclosure the party must include the designation "SENSITIVE MATERIAL - SUBJECT TO L.R. CR 16.4."
(b) Upon written notice and designation of sensitive material in accordance with this rule, the following restrictions shall apply to the designated material:
(1) Access to documents shall be limited to:
(A) attorneys representing the defendant or the government;
(B) the CJA Supervising Attorney;
(C) expert witnesses whose review of the material is necessary for the presentation of the party's case;
(D) such law clerks, investigative agents, paralegals, and secretaries employed by defendant or the government, whose review of the material is required for the preparation and presentation of the party's case; and
(E) the defendant. Documents shall not be left in the defendant's possession without defense counsel present.
(2) Documents shall be used in connection with a matter pending before this court and for no other purpose. Attorneys shall expressly advise every authorized person who reviews the documents as to this limitation on lawful use.
(3) It shall be the responsibility of the attorneys of record in this action to employ, consistent with this rule, reasonable measures to control duplication of, access to, and distribution of the documents.
(c) Failure of any party to comply with the terms of this rule will be subject to punishment to the full extent of the Local Rules, the Federal Rules of Criminal Procedure, and the court's inherent authority.