Filing Applications, Certifications, Petitions, Motions, or Other Papers

Foreign Intelligence Surveillance Court Rules of Procedure

Rule: 7

Jurisdiction: US

Bluebook Citation: FISC R. 7

("Submissions"). (a) Filing. A submission is filed by delivering it to the Clerk or as otherwise directed by the Clerk in accordance with Rule 7(k). (b) Original and One Copy. Except as otherwise provided, a signed original and one copy must be filed with the Clerk. (c) Form. Unless otherwise ordered, all submissions must be: (1) on 8~-by-11-inch opaque white paper; and (2) typed (double-spaced) or reproduced in a manner that produces a clear black image. ( d) Electronic Filing. The Clerk, when authorized by the Court, may accept and file submissions by any reliable, and appropriately secure, electronic means. ( e) Facsimile or Scanned Signature. The Clerk may accept for filing a submission bearing a facsimile or scanned signature in lieu of the original signature. Upon acceptance, a submission bearing a facsimile or scanned signature is the original Court record. (t) Citations. Each submission must contain citations to pertinent provisions of the Act. (g) Contents. Each application and certification filed by the government must be approved and certified in accordance with the Act, and must contain the statements and other information required by the Act. (h) Contact Information in Adversarial Proceedings. (1) Filing by a Party Other Than the Government. A party other than the government must include in the initial submission the party's full name, address, and telephone number, or, if the party is represented by counsel, the full name of the party and the party's counsel, as well as counsel's address, telephone number, facsimile number, and bar membership information. (2) Filing by the Government. In an adversarial proceeding, the initial -2- submission filed by the government must include the full names of the attorneys representing the United States and their mailing addresses, telephone numbers, and facsimile numbers. (i) Information Concerning Security Clearances in Adversarial Proceedings. A party other than the government must: (1) state in the initial submission whether the party (or the party's responsible officers or employees) and counsel for the party hold security clearances; (2) describe the circumstances in which such clearances were granted; and (3) identify the federal agencies granting the clearances and the classification levels and compartments involved. (j) Ex Parte Review. At the request of the government in an adversarial proceeding, the Judge must review ex parte and in camera any submissions by the government, or portions thereof, which may include classified information. Except as otherwise ordered, if the government files ex parte a submission that contains classified information, the government must file and serve on the non-governmental party an unclassified or redacted version. The unclassified or redacted version, at a minimum, must clearly articulate the government's legal arguments. (k) Instructions for Delivery to the Court. A party may obtain instructions for making submissions permitted under the Act and these Rules by contacting the Clerk at (202) 357-6250.

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