PART IV — ELECTRONIC FILING, SERVICE, FEES, PRIVACY, AND DOCUMENT FORM
Rule 34. Sealed and classified material; secure alternate custody
Current technical limitation
The ECMS has no document-level seal, redaction tool, ex parte partition, or party-specific information wall. Every authorized participant in a Supreme case may be able to see every uploaded document, and all Justices have en banc technical access. A person must not upload material when that access would violate law or an order.
Pre-filing request
Before tendering sealed, ex parte, classified, or access-restricted material, a filer must contact the Clerk through the published secure-intake procedure and file, if safe, a public motion or placeholder that:
describes the material by category without disclosing it;
identifies the source and existing protective order;
states why the material is necessary;
identifies who may lawfully access it;
proposes a redacted substitute; and
states the other parties’ positions if they may lawfully be consulted.
Secure alternate custody
The Clerk must not direct transmission until an authorized secure channel and custodian are identified. Secure custody must include:
an access list;
a receipt stating date, time, source, item description, and file hash when available;
an immutable custody log;
storage separate from the ordinary ECMS;
access only by authorized and, when required, cleared persons;
a public redacted placeholder on the docket; and
sealed preservation for review, mandate, and archive.
Classified-information conference
When classified information may arise, the Court must promptly hold the conference required by law, designate a security officer or cleared custodian, and enter a protective order before disclosure. The order must govern access, storage, hearing procedure, substitutions, summaries, notice, recording, and disposition.
Ex parte and in-camera submissions
An ex parte statement submitted for the Court’s inspection alone must never be uploaded to the ordinary case file. The Clerk must preserve its entire text under seal for appellate use when law requires. An in-camera hearing record must be separately sealed and preserved.
Substitution and public version
The Court must use a redacted version, stipulated fact, admission, summary, or other lawful substitute when it affords substantially the same ability to litigate without unauthorized disclosure. Every public order or opinion must omit protected information while explaining the decision as fully as law permits.
Lower-court sealed record
A lower tribunal must transmit sealed material through the secure method directed by the Supreme Clerk and must provide the sealing order and an index. Filing an unsealed copy in the ECMS waives no protection if promptly corrected, but may result in protective or disciplinary action.
Recusal and technical access
A recused Justice must not access new restricted material even if technical permissions remain. The Clerk must mark the access restriction and use available controls, but parties are advised that the platform cannot create a guaranteed technical screen.
Required security protocol
This Rule is an interim minimum. The Judicial Conference must adopt and maintain a complete classified-information security protocol after consultation with the officials specified in 9 R. Stat. § 122.209. No portion of this Rule authorizes a handling practice prohibited by that protocol.