Administrative Order No. 2021-04

United States Court of Appeals 

for the Federal Circuit

O R D E R

Procedures for the Filing, Service, and

Management of Highly Sensitive Documents

In response to recent disclosures of widespread 

breaches of both private sector and government computer 

systems, the Federal Circuit finds, pursuant to 28 U.S.C. 

§ 2071(e), that there is an immediate need to alter its rules 

and electronic filing procedures in order to allow parties to 

file certain highly sensitive documents outside of the

court’s electronic case filing system (CM/ECF).

IT IS ORDERED THAT:

(1) Subject to further changes as the circumstances 

may require, the attached procedures are adopted 

for the filing, service, and management of highly 

sensitive documents in and by this court.

(2) The Clerk of Court is directed to provide public 

notice of this Order and to take any necessary and 

proper actions to implement these procedures. 

FOR THE COURT

Jan. 13, 2021 /s/ Sharon Prost

 Date Sharon Prost

 Chief Judge

CERTIFIED COPY

I HEREBY CERTIFY THIS DOCUMENT IS A 

TRUE AND CORRECT COPY OF THE 

ORIGINAL ON FILE. 

UNITED STATES COURT OF APPEALS 

FOR THE FEDERAL CIRCUIT 

PETER R. MARKSTEINER, CLERK OF COURT By Deputy Clerk: Date: Patrick B. Chesnut February 3, 2021
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Procedures for the Filing, Service, and

Management of Highly Sensitive Documents 

(1) Highly Sensitive Documents 

(a) 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. 

(b) While a document must be eligible for filing 

under seal or as confidential pursuant to Fed. 

Cir. R. 25.1(d) to be considered for classification 

as highly sensitive material, sealed and 

confidential filings in most civil cases in this 

court do not warrant highly sensitive 

designation under this order. 

(c) Documents not filed as highly sensitive 

documents in the originating proceedings

generally are not considered highly sensitive 

documents on appeal. 

(d) A document is not considered highly sensitive 

merely because it contains personally 

identifiable information as defined by Fed. Cir. 

R. 25.1(b)* or information supporting a motion 

or affidavit to proceed in forma pauperis under 

Fed. Cir. R. 24.

(2) Documents Designated in Originating 

Proceedings

(a) 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

containing (a) the highly sensitive material, (b) 

the order or other authority treating the 

*Citation corrected (Feb. 3, 2021)
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material as highly sensitive, and (c) the 

appellate document containing the highly 

sensitive material.

(b) The party must file a confidential and a 

nonconfidential version of the Certificate and 

any attachments pursuant to the requirements 

of Fed. Cir. R. 25.1(e). 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.”

(c) All parties must be served with a paper copy of 

the confidential version either by mail, 

commercial carrier, or in person. 

(d) At the time of submitting the paper version of 

the Certificate for Highly Sensitive Document 

Protection as part of a brief, appendix, or 

petition, the filer must include the number of 

copies of the brief, appendix, or petition 

required by Fed. Cir. R. 25(c)(3). 

(3) Documents Not Designated in Originating 

Proceedings

(a) 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. The party must include the 

proposed document to be afforded highly 

sensitive protection along with the Motion. 

(b) A Motion for Highly Sensitive Document 

Protection may be filed in this court when the 

highly sensitive nature of the material requires 
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a level of security greater than that provided 

through sealing in CM/ECF and 

(i) there is a change in circumstances that 

warrants reconsideration of the need for 

highly sensitive document protection, 

(ii) the issue of highly sensitive document 

protection could not have been considered 

in the originating proceeding, 

(iii) the need for such protection arises in the 

first instance on appeal, or 

(iv) the material is being filed for the first time 

on appeal and warrants such protection.

(c) The party must submit a confidential and a 

nonconfidential version of the Motion and any 

attachments pursuant to the requirements of 

Fed. Cir. R. 25.1(e). Only the nonconfidential 

version is filed electronically; the confidential 

version of the motion must be filed in paper 

with the proposed highly sensitive document 

submitted in a separate, sealed envelope 

labeled “HIGHLY SENSITIVE DOCUMENT.” 

(d) All parties must be served with a paper copy of 

the confidential version either by mail, 

commercial carrier, or in person.

(e) At the time of submitting the paper version of 

the Certificate for Highly Sensitive Document 

Protection as part of a brief, appendix, or 

petition, the filer must include the number of 

copies of the brief, appendix, or petition 

required by Fed. Cir. R. 25(c)(3). 

(4) Removing Documents from CM/ECF in 

Pending Cases

(a) Parties with pending, non-mandated cases as of 

the date of this Order seeking to designate 

already sealed or confidential filings as highly 

sensitive documents may file a “Motion to 

Remove Document from CM/ECF” establishing

why the material should be subject to 
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heightened protections for highly sensitive 

documents beyond those afforded to sealed 

documents. 

(b) The party must file a confidential and a 

nonconfidential version of the Motion and 

attachments pursuant to the requirements of 

Fed. Cir. R. 25.1(e). Only the nonconfidential 

version is filed electronically; the confidential 

version of the Motion must be filed in paper 

with the proposed highly sensitive document

submitted in a separate, sealed envelope 

labeled “HIGHLY SENSITIVE DOCUMENT.” 

(c) All parties must be served with a paper copy of 

the nonconfidential version either by mail, 

commercial carrier, or in person.

(5) Removing Documents from CM/ECF in 

Closed Cases

(a) Parties with closed, mandated cases as of the 

date of this Order seeking to remove already 

sealed or confidential filings as highly sensitive 

documents may file a nonconfidential “Motion 

to Remove Document from CM/ECF” (i) 

identifying the docket entry number with 

proposed highly sensitive material and (ii) 

establishing why the material should be subject 

to heightened protections for highly sensitive 

documents beyond those afforded to sealed 

documents.

(b) The Clerk of Court is delegated the authority to 

act on the motion, which are procedural 

motions for purposes of Fed. Cir. R. 27(h). 

(6) Handling of Highly Sensitive Material. Upon

receipt of any material designated or pending 

consideration of designation as containing highly 

sensitive material, the Clerk’s Office shall place 

the material under seal and store it in a secure 

paper filing system. The Clerk of Court and deputy 

clerks are prohibited from maintaining, storing, or 

transmitting any designated highly sensitive 
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document in digital format on a computer system 

connected to any network.

(7) Court Document Containing Highly 

Sensitive Material. If a court opinion, order, or 

other document contains highly sensitive material, 

the document will be afforded the same protection 

afforded to highly sensitive documents filed by the 

parties, including filing in a secure paper filing 

system or a secure standalone computer system 

and service on the parties by mail.