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U.S. COURT OF FEDERAL CLAIMS 

GUIDELINES FOR CASES INVOLVING CLASSIFIED INFORMATION 

The following guidelines will assist parties who believe that their cases may 

involve classified information.1

1. What is classified information?

Classified information is material that the United States government has

determined requires protection against unauthorized disclosure for reasons of national 

security. See Rules of the U.S. Court of Federal Claims (“RCFC”), App’x C, ¶ 7 

(referring to the agency as the entity that determines whether and to what extent certain 

information is classified). 

2. What kinds of cases involve classified information?

The court has handled contract disputes, bid protests, and patent cases that have

involved classified information. 

3. Are all of the court’s judges cleared to hear cases involving classified

information?

Currently, many of the court’s judges have active security clearances to adjudicate

cases involving classified information. When a case involving classified information is 

filed, the Clerk of Court will randomly assign the case to a judge. If the assigned judge 

does not have the appropriate security clearance, a reassignment will be ordered. 

4. How do I file a case that I expect will involve classified information?

To initiate the case, plaintiff must file a public complaint along with a Notice of

Intent to File Classified Information (see attachment 1) that does not itself contain 

classified information. A complaint that is filed on the public docket must never contain 

classified information, even if it is filed under seal. Once a judge has been assigned to the 

1 The following sources were consulted in the drafting of these guidelines: The 

Classified Information Security Guide; The Classified Information Procedures Act, 18 

U.S.C. App. III. §§ 1-19; Keeping Government Secrets: A Pocket Guide for Judges on 

the State-Secrets Privilege; Executive Order 13526; The Department of Justice Security 

Program Operating Manual; and, Intelligence Directive 705. 
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case, the court will direct plaintiff how to file documents containing classified 

information in the case. 

5. What are the Litigation Security Group of the Department of Justice and

Classified Information Security Officers?

The Department of Justice Litigation Security Group (“LSG”) is a team of security

specialists who are available to assist in litigation that involves classified information. 

Upon request by the court (not the parties), LSG will provide to the court contact 

information for several Classified Information Security Officers (“CISOs”) from whom 

the court will choose to appoint a primary CISO and alternate CISOs in the case. The 

CISOs will serve in a neutral capacity throughout the life of the case, providing advice 

and assistance to both the court and the parties in the handling of classified information. 

6. How do I file documents containing classified information during the

pendency of the case?

Classified information must never be filed electronically through CM/ECF.

Instead, upon the filing of the complaint and a notice indicating that the case will involve 

classified information, the court will provide direction to the parties regarding how to file 

documents containing classified information. Typically, once the court is aware that a 

case will involve classified information, the court will: 

a. issue an order designating a CISO and alternate CISOs;

b. instruct the parties to file a Notice of Filing (see attachment 2) identifying the

classified material being filed but not itself including any classified

information; and

c. direct the parties to submit the filings containing classified information either

to the CISO or to a cleared employee of the court for inclusion in a secured

official record.

It should be noted that any filing created using material from originally classified 

information becomes derivatively classified. A filing that contains classified or 

derivatively classified information must be properly marked as classified and handled 

under the procedures established by the CISO. 

7. How do I gain access to classified information?

In some instances, counsel may be required to obtain a security clearance before

the start of the case. To secure this clearance, counsel should coordinate with the 

appropriate security officers of their client or the government agency. 
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Once the case is before the court, the designated CISO will determine whether 

counsel have active clearances necessary for the case and if not, the CISO will initiate the 

security clearance process with an appropriate FBI background investigation. The 

government should then consult with the agency that originated or classified the 

information involved in the case to make a determination that counsel is clear to have 

access to that information (this is known as the “need to know” status). The CISO can 

assist in the coordination of that inquiry as well. 

Once the parties and counsel are cleared, the CISO will coordinate with them to 

arrange access to classified information stored at the court, and will similarly coordinate 

with them to arrange access to classified information stored at a secure location. 

Classified information must never be taken outside of the designated secure areas. 

8. How will classified hearings with the court be conducted?

If classified information will be discussed or presented at a hearing or trial, the

CISO will first secure the courtroom and then remain in the courtroom during the 

proceeding. After the hearing, the court will enter an order directing LSG to arrange for a 

transcript of the proceeding. 

9. What is the relationship between classified information and information

subject to a protective order issued by the court?

Being granted access to classified information and being granted access to

information subject to a protective order are not the same thing. The court’s standard 

protective order governs access to proprietary and source-selection information related to 

a protested procurement. To gain access to protected information, counsel and experts 

must represent that they are not involved in competitive decision making for any 

company that might gain a competitive advantage from access to the information 

disclosed under the protective order. 

By contrast, access to classified information is based on a requisite security 

clearance and a determination of “need to know” by the relevant classification agency, 

and protection of that information is governed by National Industrial Security Program 

laws, regulations, and guidance. Being granted access to information subject to the 

court’s standard protective order does not also grant one access to see classified 

information, and being given the clearance to access classified information does not also 

grant one access to information subject to the protective order. 

In bid protest cases involving classified procurements, certain information may be 

both classified and source-selection sensitive. In such circumstances, those granted access 
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to that information must comply with the regulatory and statutory requirements 

governing access to classified information and the court’s protective order provisions. 

10. What if I have other questions regarding how to handle a case involving

classified information?

Contact the Clerk’s Office at (202) 357-6406 or LSG at (202) 514-9016. Please

note that the answers to these questions serve only as guidance and can vary from case to 

case. 
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ATTACHMENT 1 

United States Court of Federal Claims 

)

)

, )

) No. ______________ 

Plaintiff(s), )

) Judge ____________________ 

 v. ) 

)

 )

THE UNITED STATES, ) 

 )

Defendant. )

 )

NOTICE OF INTENT TO FILE CLASSIFIED INFORMATION

Notice is hereby given that the above-captioned case will include classified information. The 

undersigned will await the court’s instruction on how to file documents containing classified information 

in this case. 

Date:___________________________ _____________________________________ 

Signature of Attorney of Record 

_____________________________________ 

_____________________________________ 

_____________________________________ 

_____________________________________ 

(Address, Telephone, E-mail) 
Revised April 2021

United States Court of Federal Claims

 ) 

 ) 

, ) 

) No. ______________

Plaintiff(s), ) 

) Judge ____________________

v. ) 

) 

 ) 

THE UNITED STATES, ) 

 ) 

Defendant. ) 

 ) 

NOTICE OF FILING

Notice is hereby given that this day filed with 

the court, in camera and ex parte, that is relevant to issues 

presented in this case. The filing has been lodged with the Classified Information Security Officer assigned 

to this case who will make arrangements for review by the court pursuant to appropriate security measures. 

Date:___________________________ _____________________________________

 Signature of Attorney of Record

 _____________________________________

 

 _____________________________________

 

 _____________________________________

 _____________________________________

 (Address, Telephone, E-mail)