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 adjust its procedures for filing sealed documents. Further information about recent cyberattacks and the Judiciary’s response is contained in this announcement.
2. Can we file sealed documents on CM/ECF?
Effective September 23, 2025, yes.
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.
5. What about sealed documents that are currently on CM/ECF?
Sealed documents previously filed will become accessible only to court users.
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?
Effective September 26, 2025, yes. Although Local Rule 32.2's provisions regarding draft PSRs and objections were suspended between August 20 and September 26, 2026, they are back in effect since Probation and attorneys can file directly on CM/ECF.
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.