This document was last updated on August 15, 2025. Please check back frequently for further guidance.
Table of Contents
1. Why did the Court adopt Standing Order 41?
As stated in Standing Order 41, there have been a series of cyberattacks in both the private and public sectors, including on the Judiciary’s CM/ECF system. To protect the security of sealed documents, the Court found good cause to have sealed documents filed conventionally. Further information about recent cyberattacks and the Judiciary’s response is contained in this announcement.
2. When do the new procedures take effect?
Beginning on Wednesday, August 20, 2025, sealed documents will only be accepted in paper form. They cannot be filed in CM/ECF.
3. We have relied on CM/ECF to serve electronically filed documents. How does this change affect service?
CM/ECF can no longer be used to serve other parties with sealed documents. Rather, parties must serve one another using one of the methods specified in Federal Rule of Civil Procedure 5(b)(2) (except the provision related to a court’s electronic-filing system) for civil cases and Federal Rule of Criminal Procedure Rule 49(a)(3)(B) or (a)(4) for criminal cases.
4. Does Standing Order 41 change the criteria for when documents can be filed under seal?
No. The only change is where sealed documents are filed: in paper rather than CM/ECF.
5. Does this change affect non-sealed documents?
No. They must continue to be filed on CM/ECF unless an exception applies.
6. What about documents that are currently on CM/ECF?
We will begin to remove sealed documents from CM/ECF. Filers should ensure that they have electronic copies of sealed documents that they previously filed on CM/ECF. Additional information will be forthcoming about the removal of existing documents from CM/ECF.
7. Will you accept sealed documents for filing by email?
No.
8. How should I file a sealed document?
You will continue to docket the appropriate sealed event in CM/ECF. However, you will no longer have the ability to attach a document (i.e., the sealed document itself) to the event once the implementation occurs. After you create the event, printout the notice of electronic filing (“NEF”) that is generated; attach the NEF to the printed, sealed document; and submit the combined document conventionally at the Clerk’s Office either in-person, U.S. mail, or by a delivery service. Attaching the paper NEF is critical so that the Clerk’s Office can match it up with the correct docket entry.
9. Do you accept filings in Winston-Salem or Durham?
No. Papers may only be filed at the Greensboro courthouse.
10. What are the hours of the Clerk’s Office?
As of August 20, 2025, we will have extended our hours to 8:30 am to 4:30 pm. If a sealed document must be filed outside of these hours for an emergency matter, arrangements must first be coordinated during business hours so that the Clerk or a Deputy Clerk can be available. Documents may also be mailed.
11. If a document contains non-material personal data identifiers (e.g., social security numbers, dates of birth, financial account numbers), should I file it in paper?
No. Redact the personal data identifiers under the applicable Federal rule and file the redacted document on CM/ECF. The document will be publicly available. If the redacted information is not material to your filing, no further action is required. If the redacted information is material, separately file (in paper form) a sealed version of the unredacted document. Use the CM/ECF “Sealed Unredacted Documents” event. No motion to seal is required.
1. Does this new process change how documents are filed in Social Security cases?
Other than the sealed administrative record, no. Pleadings and other documents in Social Security appeals are “restricted” but available on public terminals in the Clerk’s Office for viewing. Despite the restriction, they are not considered “sealed.” The exception is the administrative record, which will no longer be filed on CM/ECF since it is a true sealed document.
2. If I am filing a motion to seal, where do I file the proposed redactions for the sealed document?
Since the redacted copy of the document is never filed under seal, it must continue to be filed on CM/ECF. Only the unredacted document should be filed under seal.
3. Does Standing Order 41 change the meet and confer requirement of Local Rule 5.5?
No.
4. Should the required checklist and summary chart under Local Rule 5.4(c)(6) continue to be emailed to the Judge’s ECF mailbox?
Yes. Standing Order 41 only changes the location of where sealed documents are filed and stored. It does not change any other provisions of Rule 5.4.
1. How will defense attorneys receive bail reports, draft presentence investigation reports, and other documents that are ordinarily under seal?
The Probation Office will communicate directly about procedures that will be used for attorneys to receive and transmit documents.
2. Must draft presentence investigation reports and objections thereto continue to be filed under seal?
No. The requirement in Local Rule 32.2 for those documents to be filed under seal has been suspended for the time being. Parties must continue to adhere to the deadlines and other procedures in Rule 32.2.
3. How should I serve objections on the Probation Office and the other party?
Service among the parties and Probation is governed by Federal Rule of Criminal Procedure 49. Probation and the U.S. Attorney’s Office will communicate with the defense bar about their mechanisms for receiving and transmitting documents.