Transcript of Court Proceedings

05/15/2013

 

Fed. R. Bankr. P. 9037(a)

28 U.S.C. § 753

 

Judicial Policy, Vol. 10 (Public Access and Records)  § 330.10.10 Transcripts Redaction Policy and Process

JCUS-MAR 08, pp. 7-8; Judicial Conference Policy on Privacy and Public Access to Electronic Case Files

 

In 2007, the Judicial Conference, adopted a policy providing that courts that make electronic documents remotely available to the public must also make electronic transcripts of proceedings available to the public if such transcripts were prepared.   However, the transcripts must conform to Fed. R. Civ. P. 5.2, Fed. R. Crim. P. 49.1, Fed. R. App. P. 25(a)(5), and Fed. R. Bankr. P. 9037.

 

See Transcript Request for requesting a transcript.

 


Electronic Availability of Transcript of Court Proceedings. (§ 510.25.10 Transcripts in the Case Management/Electronic Case Files System)



  1. A transcripts filed with the court are available at the office of the clerk of court for inspection only for a period of 90 days (unless extended by the court). (28 U.S.C. § 753 requires the transcript to be available at the clerk's office for inspection by any person without charge).  
  2. During the 90-day period:
     

    • A copy of the transcript may be obtained from the court reporter or transcriber at the rate established by the Judicial Conference. A docket entry in the CM/ECF system will provide information as to how to contact the court reporter or transcriber;
       

    • The transcript is available for court staff; public terminal for users; attorneys of record or parties who have purchased the transcript from the court report/transcriber (see: Access to Transcript); and other persons as directed by the court (e.g., appellate attorneys).
       

    • Members of the public or media who purchases a transcript will not be given remote access.
       

  3. After the 90-day period has ended, the filed transcript will be available for inspection and copying in the clerk's office and for download from the court's CM/ECF system through the judiciary's PACER system.

 


Redaction Responsibilities Application (§ 510.25.20 Redaction of Electronic Transcripts)


 

Fed. R. Bankr. P. Rule 9037(a), effective December 1, 2007, states: Unless the court orders otherwise, in an electronic or paper filing made with the court that contains an individual’s social-security number and taxpayer identification number, or birth date, the name of an individual, other than the debtor, known to be and identified as a minor, or a financial-account number, a party or nonparty making the filing may include only the:

 

  • Social Security numbers (or taxpayer identification numbers) to the last four digits;
  • financial account numbers to the last four digits;
  • dates of birth;
  • individuals known to be minor children to the initials; and
  • in criminal cases, any home addresses stated in court to the city and state.
     

Process.


1.

Notice of Electronic filing

 

The court reporter, transcriber, or clerk will file a Notice of Electronic Filing of Official Transcript in CM/ECF when a transcript is delivered to the clerk for the court's records. This notice includes language that indicates that parties have 7 calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. This notice of filing is transmitted to the parties in the case via the Notice of Electronic Filing (NEF) through CM/ECF or manually by the clerk's office, if the parties are not registered for CM/ECF.  Redaction responsibilities apply to the attorneys even if the requestor of the transcript is a judge or a member of the public/media.


2.

Filing Notice of Intent to Request Redaction

 

The redaction of transcripts will be requested by counsel to a case. Counsel will file a Notice of Intent to Redact within 7 days of the transcript being delivered to the clerk. The attorneys and pro se parties who attended the hearing are solely responsible for redaction of the information described in Fed. R. Bankr. P. Rule 9037(a). Redaction is accomplished only with input from the attorneys and pro se parties who attended the hearing. Transcribers or the clerk are not responsible for identifying a need for redaction or for redacting transcripts absent a request by an attorney or pro se party.

 

3.

Counsel will delivery to the transcriber, within 21 calendar days of initial delivery of the transcript to the clerk,  a specific request for redaction noting the page numbers and line numbers where redaction is required.

 

4.

If No Redaction Request is Filed

 

If an attorney files a Notice of Intent to Request Redaction or a motion for extension of time to file this notice, and then doesn't submit a Redaction Request, the court will need to take action, either to have the attorney withdraw the Notice of Intent to Request Redaction or to issue a show cause order as to why the attorney has not met the redaction requirements.  Court reporters/ transcribers do not have the responsibility to:

 

  • redact information unless there is a redaction request made by the parties to the case, or
  • notify the parties of material that should be redacted.

 

The parties have the responsibility to review the transcripts and request redactions, if necessary

 


DEADLINES RELATED TO RESTRICTION, REDACTION AND RELEASE OF TRANSCRIPT


The date the official transcript is filed is the starting date for calculation of all deadlines related to restriction, redaction and release of a transcript for remote electronic public access.  Deadlines are calculated using calendar days,

 

Days
 

Action Required

7

Each attorney (or pro-se party) must inform the court, by filing a notice of redaction with the clerk, of his or her intent to direct the redaction of personal data identifiers from the electronic transcript of the court proceeding. If no such notice is filed within the allotted time, the court will assume redaction of personal data identifiers from the transcript is not necessary.

 

*21

A party is to submit to the court reporter or transcriber, a statement indicating where the personal data identifiers to be redacted appear in the transcript. The court reporter or transcriber must redact the identifiers as directed by the party. During the 21-day period an attorney may move the court for additional redactions to the transcript.  The transcript will not be made available on the internet until the court has ruled upon any such motion. Fed. R. Bankr. P. Rule 9037(d).

 

Note: The statement is not required to be filed with the court.  However, in addition to submitting the statement to the court reporter or transcriber, if the party chooses to file the statement with the court see Transcript Redaction Request.

 

*21 days or longer if the court so orders.

 

*31

The court reporter or transcriber must perform the requested redactions, and file a redacted version of the transcript with the court.  See: Redacted Transcript. The original electronic transcript is retained by the clerk of court as a restricted document.

 

*31 days or longer if the court so orders.

 

90

If...

Then...

 

Redacted transcript not filed

 

 

The transcript will be made available for inspection/copying at the clerk's office and for download from the court's CM/ECF system via PACER

 

 

Redacted transcript filed

 

 

The redacted version will be made available for inspection/copying at the clerk's office and for download from the court's CM/ECF system via PACER.

 

 

 

The unredacted version will not be available via remote electronic access, but will remain available at the public access terminals in the clerk's office.