Designations identify material as subject to the order's restrictions, typically at tiers such as confidential and attorneys' eyes only. They are applied at production through endorsement, slip sheet, or load file field.
Most orders require a good faith belief that designated material qualifies.
Alternative Names:
Designation, Confidential Designation
Why it Matters?
Designation practice determines whether the order functions or collapses. Designating an entire production invites a global challenge and undermines credibility when genuinely sensitive material is later defended, while under-designating forfeits protection permanently once material is used publicly. Because designation occurs at production, a document-by-document assessment during review is more practical than correcting through the challenge process afterward.
Frequently Confused with
Related terms
Frequently asked questions
What is the risk of over-designation?
Can designations be corrected later?
