Model Protective Order For Non-Complex Criminal Cases

1 BRIAN J. STRETCH (CABN 163973) Acting United States Attorney 2 DAVID R. CALLAWAY (CABN 121782) 3 Chief, Criminal Division ) 4 [AUSA Name] (CABN Assistant United States Attorney [Address line 1] 5 [Address line 2] Telephone: 6 FAX: Email: 7 8 Attorneys for United States of America 9 10 11 12 13 14 15 16 17 18 19 20 With the agreement of the parties, the Court enters the following Protective Order: Defendant is charged with [insert offenses]. Upon receipt of a discovery request, the United v. [Defendant Name(s)], Defendant. UNITED STATES OF AMERICA, Plaintiff, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DIVISION Case No. CR STIPULATION AND PROTECTIVE ORDER [PROPOSED]1 21 States will produce documents and other materials pertaining to the defendant[s] and the charged 22 offense[s] to defense counsel. The discovery to be provided includes documents or other materials 23 24 25 26 27 28 This sample Protective Order ("Order") is not intended to cover every situation (e.g., trade secrets or cases in which exposure of protected material could endanger a victim or witness), nor does it cover disclosure of Confidential Source information. Those situations, among others, may require more robust protections than are contained in this sample Order. The Court and the parties should tailor any proposed protective order to suit the needs of a particular case. This Order is also not intended to affect the obligations of either party or the timing of when discoverable materials must be produced. Those obligations are governed by Rule 16 of the Federal Rules of Criminal Procedure, Rule 16-1 of the Northern District of California Criminal Local Rules, and 18 U.S.C. § 3500 and Rule 26.2 of the Federal Rules of Criminal Procedure (the Jencks Act). 1 American LegalNet, Inc. www.FormsWorkFlow.com 1 1 falling into one or more of the following categories (collectively, "Protected Information"): 2 3 4 5 6 7 8 9 10 11 12 1. Personal Identifying Information of any individual (other than his or her name), including without limitation any person's date of birth, social security number, residence or business address, telephone numbers, email addresses, driver's license number, professional license number, family members names, or criminal histories ("Personal Identifying Information"); 2. Financial information of any individual or business, including without limitation bank account numbers, credit or debit card numbers, account passwords, contact information, and taxpayer identification numbers ("Financial Information"); and 3. Medical records or other patient information of any individual covered by the Health Insurance Portability and Accountability Act of 1996 (HIPPA) ("Medical Information"). To ensure that Protected Information is not subject to unauthorized disclosure or misuse, IT IS HEREBY ORDERED that defense counsel of record, their investigators, assistants, and 13 employees (collectively, "the defense team") may review with the defendant all discovery material 14 produced by the government, but shall not provide a defendant with copies of, or permit defendant to 15 make copies of, or have unsupervised access to, any discovery material produced by the government that 16 contains Protected Information, unless the Personal Identifying Information, Financial Information, 17 and/or Medical Information has first been entirely redacted from the discovery materials. The 18 government and defense counsel are ordered to work together to ensure that these materials are 19 protected, but that defendant has as much access to the materials as can be provided consistent with this 20 Court's order. Discovery material that clearly pertains to a specific defendant and does not contain 21 Protected Information regarding any other person (e.g., defendant's own bank records, telephone 22 records, and business records) may be provided to that defendant unredacted. 23 Defense counsel may also provide unredacted copies of Protected Information to any experts 24 retained to assist with the preparation of the defense in the captioned case. The defendant, all members 25 of the defense team, and any experts who receive discovery under this Order shall be provided a copy of 26 this Order along with those materials and shall initial and date the order reflecting their agreement to be 27 bound by it. 28 The materials provided pursuant to this protective order may only be used for the specific 2 American LegalNet, Inc. www.FormsWorkFlow.com 1 purpose of preparing or presenting a defense in this matter: [insert if such use is contemplated and 2 agreed to by the parties] and related ancillary proceedings, e.g., immigrations proceedings, S.E.C. civil 3 proceedings, Social Security administrative proceedings] unless specifically authorized by the Court. 4 5 This Order shall also apply to any copies made of any materials covered by this Order. IT IS FURTHER ORDERED that neither a defendant nor any member of the defense team 6 shall provide any discovery material produced by the government--whether or not the material 7 constitutes or contains Protected Information within the meaning of this Order--to any third party (i.e., 8 any person who is not a member of the defense team) or make any public disclosure of the same, other 9 than in a court filing, without the government's express written permission or further order of this Court. 10 If a party files a pleading that references or contains or attaches Protected Information subject to this 11 Order, that filing must be under seal.2 12 IT IS FURTHER ORDERED that defense counsel shall return materials subject to this 13 Protective Order (including any copies) to the United States within 14 days after whichever event occurs 14 last in time: dismissal of all charges against the defendant; defendant's acquittal; defendant's sentencing; 15 or the conclusion of any direct appeal. After the United States receives documents and materials subject 16 to this Order, it shall maintain those documents and materials until the period for filing a motion under 17 28 U.S.C. § 2255 has expired. After the statutory period for filing a motion under 28 U.S.C. § 2255 has 18 expired, the United States is free to destroy documents and materials subject to this Order. If defendant 19 is represented by counsel and files a motion pursuant to 28 U.S.C. § 2255, the United States will provide 20 counsel with the documents and materials subject to this Protective Order under the terms of this Orde