Judge James E. Boasberg
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- The assigned Magistrate Judge should not extend time for more than one additional twenty-one (21) day period.
Communication
Phone
Document Format Requirements1 rule
Sealed criminal investigative application captions must follow a standardized format with no PII, including number and type of targets, service provider, and primary offense statutes.
Formatting
- •Caption must contain no personally identifying information
Court's wording
using a standardized format for case captions that contained no personally identifying information but, depending on the type of application, included pertinent information about: “(1) the number of target telephone lines, subscriber accounts, and/or devices that are the application’s subject or subjects; (2) the type of target or targets (e.g., a landline, cellular, or mobile telephone; email account; cell tower; or other facility or device) subject to the application; (3) the service provider to which the order would be directed; and (4) the primary offense statute(s) under investigation.”
Document Filing Requirements2 rules
The motion shall explain, without disclosure of any highly sensitive information, why the proposed HSD should be subject to heightened protections.
If a supplement is filed, the parties must confer and submit a proposed joint scheduling order.
Court's wording
In any case in which the Federal Public Defender files such a supplement, the United States and the Federal Public Defender will confer and present a proposed joint scheduling order to the Court to govern future filings.
Filing & Service rules
Electronic Filing Rules
Petitions for attorney admission will be accepted via PACER during the suspension of in-person ceremonies.
Petitions for admission to the Bar of this Court will continue to be accepted via PACER and will be processed by the assigned motions judge.
Page 2 | Attorney-Admission Ceremonies
Restricted documents are filed in CM/ECF but are no longer accessible electronically.
Restricted documents will continue to be filed in CM/ECF under existing procedures but will no longer be accessible or viewable by electronic means, even by a party or person with a right of access.
Page 1 | 1. Electronic Access to Restricted Documents
Highly Sensitive Documents (HSDs) must not be filed on the Court’s CM/ECF system and must instead be filed with the Court under the procedures in the Order.
The Court finds, pursuant to Federal Rule of Civil Procedure 5(d)(3)(A) and Federal Rule of Criminal Procedure 49(b)(3)(A), for the reasons prompting the JCUS direction, that good cause exists to require that no HSDs be filed on the Court’s CM/ECF system and that HSDs instead be filed with the Court in accordance with the procedures outlined herein, consistent with the Local Rules of this Court.
Page 1 | Good Cause for Not Filing On CM/ECF System
Sealed criminal investigative applications may be filed electronically by the government using a standardized caption format without personally identifying information.
the Clerk’s Office and both the USAO and DOJ adopted administrative and operational changes in processing sealed Subject Criminal Investigative Records to permit such applications to be filed by the government electronically, pursuant to Memoranda of Understanding (“MOUs”) with the Clerk’s Office, see D.D.C. LCRR 49(e)(4), using a standardized format for case captions that contained no personally identifying information but, depending on the type of application, included pertinent information about: “(1) the number of target telephone lines, subscriber accounts, and/or devices that are the application’s subject or subjects; (2) the type of target or targets (e.g., a landline, cellular, or mobile telephone; email account; cell tower; or other facility or device) subject to the application; (3) the service provider to which the order would be directed; and (4) the primary offense statute(s) under investigation.”
Criminal cases
Page 4 | (b)
These specified civil records will not normally qualify as HSDs and may continue to be filed under seal on CM/ECF.
Social security records, administrative immigration records, and civil filings subject to privacy protection under Federal Rule of Civil Procedure 5.2 and D.D.C. LCvR 5.4(f), will not normally qualify as HSDs and may continue to be filed under seal on the CM/ECF system.
Page 2 | HSDs Subject to this Order — Civil Cases
The motion may be filed in CM/ECF, under seal as appropriate, without attaching the proposed HSD.
Such a motion may be filed in the CM/ECF system, under seal as appropriate, without the proposed HSD that is the subject of the motion attached.
Page 3 | Filing and Service of HSDs
Filing Timing and Cure Windows
All filing and discovery deadlines for the United States are extended by the length of the appropriations lapse plus 10 days (or plus 5 days if lapse is 7 days or fewer).
In all civil actions and civil miscellaneous matters pending in the U.S. District Court for the District of Columbia, all filing and discovery deadlines imposed upon the United States, any of its federal agencies, and any of its officers or employees, shall be extended by the number of days equal to the length (in days) of the lapse of appropriations plus ten days, provided that if the lapse is seven days or fewer, such extension shall be the number of days equal to the length (in days) of the lapse of appropriations plus five days;
Civil cases
Page 1 | ORDER
The deadline extension does not apply to responses to TRO or preliminary injunction motions.
This Order shall not extend the United States' deadlines to respond to motions for temporary restraining orders or preliminary injunctions
Civil cases
Page 2 | ORDER
Parties must consent to magistrate judge jurisdiction within 21 days after last defendant responds or files Rule 12 motion, or 21 days after removal.
for the assigned Magistrate Judge to remain the presiding judge over the case, all parties must affirmatively consent in writing to the jurisdiction of the Magistrate Judge no later than twenty-one (21) days following the date on which the last defendant to respond to the Complaint files an Answer or motion under Rule 12, or, in a removal case, twenty-one (21) days following removal, unless the time is extended by the assigned Magistrate Judge.
Civil cases
Page 2 | Order
Service and Proof of Service Rules
Service of restricted documents cannot be done through CM/ECF; the court will serve by other means per FRCP.
Because restricted documents filed in CM/ECF are no longer accessible or viewable electronically, service of those documents can no longer be accomplished through CM/ECF. The Court will serve restricted documents by other appropriate means as provided by the Federal Rules of Procedure.
Page 2 | 3. Service of Restricted Documents Filed in CM/ECF
Parties seeking relief from this order must serve the government attorney and the Civil Division by email at USADC.ServiceCivil@usdoj.gov.
Any party seeking relief from this Order in any particular civil action or civil miscellaneous matter, shall, in addition to serving the government attorney of record, serve the Civil Division of the U.S. Attorney's Office for the District of Columbia by electronic mail at USADC.ServiceCivil@usdoj.gov with the papers seeking such relief;
Civil cases
Page 2 | ORDER
Motions for TRO or preliminary injunction against the United States must be served promptly by email on the Civil Division and the Civil Chief.
any such motions seeking relief against the United States shall be served promptly on the Civil Division of the U.S. Attorney's Office for the District of Columbia by electronic mail at USADC.ServiceCivil@usdoj.gov and on the Civil Chief for the U.S. Attorney's Office for the District of Columbia, whose email address is linked on the Civil Division's webpage: https://www.justice.gov/usao-de/civil-division;
Civil cases
Page 2 | ORDER
The motion must be served in accordance with regular practice.
Service of the motion shall be in accordance with regular practice
Page 3 | Filing and Service of HSDs
Plaintiff must serve Notice and Consent/Declination Form with summons on all other parties.
The plaintiff shall be instructed to serve a copy of the Notice and Consent or Declination Form, along with the summons, upon all other parties in the action.
Civil cases
Page 2 | Order
An HSD may be served by any method specified in Federal Rule of Civil Procedure 5(b)(2) or Federal Rule of Criminal Procedure 49(a)(4).
service of the HSD may be made by any manner specified in Fed. R. Civ. P. 5(b)(2) or Fed. R. Crim. P. 49(a)(4).
Page 3 | Filing and Service of HSDs
Sealing & Redaction Procedures
Government must redact specified personal information from criminal investigative records before unsealing.
The Court has ordered that the government "redact the following information from the criminal investigative records to be unsealed: (1) individuals' names, except for the name of a judicial officer who has issued an order; (2) dates of birth; (3) Social Security numbers; (4) financial account numbers; (5) telephone numbers; (6) street addresses; (7) email account addresses; and (8) any other information that directly or indirectly identifies the target of, or witness, investigator, informant, or other person of interest in, a criminal investigation, and regardless of whether the investigation ultimately resulted in criminal charges or a criminal conviction."
Criminal cases
Page 6 | footnote 4
Authorized persons receive paper copies of restricted documents instead of electronic access.
Because restricted documents filed in CM/ECF are no longer accessible or viewable electronically, a party or person authorized to receive a copy of a restricted document will receive such a copy in paper form.
Page 2 | 2. Copies of Restricted Documents
As soon as practicable after filing the motion, the moving party must deliver two paper copies or an electronic copy on a secure electronic device to the Clerk's Office, packaged as the Clerk's Office prescribes.
As soon as practicable after the motion is filed, the moving party shall deliver two paper copies of the proposed HSD, or an electronic copy on a secure electronic device, to this Court's Clerk's Office, packaged in a manner prescribed by the Clerk's Office.
Page 3 | Filing and Service of HSDs
HSDs and related orders containing highly sensitive information must be kept in the Clerk's Office in a secure paper and/or independent electronic storage system.
HSDs and related orders containing highly sensitive information shall be maintained in the Clerk's Office in a secure paper filing system and/or a secure independent electronic storage system.
Page 3 | Filing and Service of HSDs
A party seeking HSD status must move before the presiding judge, or the Chief Judge if no judge is assigned or the assigned judge is unavailable.
A party seeking to file a document as an HSD must file a motion with the presiding judge or, if no judge is assigned or the assigned judge is unavailable, with the Chief Judge.
Page 3 | Filing and Service of HSDs
Consent/Declination Form must be filed in a manner that prevents public view.
each party shall be required to execute the Consent or Declination Form and file it on the docket as directed by the Clerk’s Office in a manner that prevents it from being publicly viewable, including by the Judges of this Court.
Civil cases
Page 2 | Order
If an HSD motion is denied, the movant may seek permission to file the document under seal on CM/ECF under D.D.C. Local Civil Rule 5.1(h).
If the motion to file a document as an HSD is denied, the movant may instead seek permission to file the document under seal on CM/ECF in accordance with D.D.C. Local Civil Rule 5.1(h)
Page 3 | Filing and Service of HSDs
Adjournment & Extension Requirements
The Federal Public Defender has 60 days from the government's response to file a reply.
The Federal Public Defender will have 60 days from the date of the United States' response to file a reply, if any.
Criminal cases
Page 2 | Standing Order No. 2
The Federal Public Defender may file a supplement by December 21, 2020, in any of the cases identified in Exhibit A, and may file a supplement in any of the cases identified in Exhibit B.
The Federal Public Defender may file a supplement by December 21, 2020, in any of the cases identified in Exhibit A, and may file a supplement in any of the cases identified in Exhibit B.
Criminal cases
Page 2 | Standing Order No. 2
The assigned Magistrate Judge should not extend time for more than one additional twenty-one (21) day period.
The assigned Magistrate Judge should not extend time for more than one additional twenty-one (21) day period.
Civil cases
Page 2 | Order
Continuance requests are considered individually.
Any request for a continuance will be considered on a case-by-case basis.
Criminal cases
Page 2 | Standing Order No. 2
The government has until December 21, 2020 to respond to Exhibit A motions and until January 28, 2021 to respond to Exhibit B motions.
The United States will have up to an additional 60 days, or until December 21, 2020, to file a response to the Rehaif motions identified in Exhibit A to this Order and will have up to an additional 100 days, or until January 28,2021, to file a response to the Rehaif motions identified in Exhibit B to this Order.
Criminal cases
Page 2 | Standing Order No. 2
Chambers Communication Rules
Questions about restricted document procedures should be directed to the Clerk's Office via email or phone.
Any questions about the filing of and access to restricted documents should be directed to the Clerk’s Office at ecf_login@dcd.uscourts.gov or (202) 354-3166.
Page 2 | 5. Questions about Restricted Document Procedures