Transcript of Court Proceedings

Rev. 1/29/2019

 

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

 

Court's that provide electronic filings available to the public must also make electronically filed transcripts available to the public.  See Judicial Policy, Vol. 10 (Public Access and Records)  § 330.10.10 Transcripts Redaction Policy and Process.

 

However, the all transcripts must conform with the federal privacy protection rules. See Fed. R. Civ. P. 5.2, Fed. R. Crm. P. 49.1, and Fed. R. Bankr. P. 9037.

 

See Transcript Request for requesting a transcript.

 


Availability of Transcripts


Volume 6 Chapter 5 § 510.25.10 Transcripts in the Case Management/Electronic Case Files System


  1. A transcripts filed with the court are available at the clerk's office for inspection only for a 90-day period (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 party may obtain a copy of the transcript from the court reporter or transcriber at the rate established by the Judicial Conference.  The notice of filing of transcript provides contact information for the  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 have 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


Volume 6 Chapter 5 § 510.25.20 Redaction of Electronic Transcripts)

 

Under Fed. R. Bankr. P. Rule 9037(a) (unless the court orders otherwise) a party or nonparty filing an electronic or paper filing with the court that contains an individual’s social security number, taxpayer identification number, birth date, name of a minor child (other than the debtor), or a financial-account number may only include the following:

 

  • last four digits of the social security number and taxpayer identification number;
  • year of the individual's date of birth;
  • minor's initials; and
  • last four digits of the financial account number.
     

Process


1.

Notice of Filing of Transcript

 

When the transcriber or clerk dockets the transcript, the system generates a notice providing important deadlines related to the restriction and redaction process. "Notice of Filing of Transcript and of Deadlines Related to Restriction and Redaction".

 

Court staff completes the form notice and issues the form either by an NEF or through the BNC.  

2.

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.

Within 21 days after the transcript is filed with the Court, counsel must submit a request for redaction to the transcriber.  The request must provide the page numbers and line numbers where redaction must occur.

 

4.

No Redaction Request

 

If an attorney files a Notice of Intent to Request Redaction ("Notice of Intent") or a motion to extend the time to file a notice of intent, and then later does not submit a Redaction Request, the court takes no action, and it is not necessary for the attorney to withdraw the Notice of Intent.

 

Court reporters and transcribers are not responsible for the following:

 

  • 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.

 


Restriction, Redaction, and Release Deadlines


The file date of the transcript determines the deadlines related to restriction, redaction,  and release of a transcript for remote electronic public access.  The system uses calendar days to calculate the deadlines.

 

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 party files a notice within the allotted time, the court will assume redaction of the transcript is not necessary.

 

*21

A party is to submit to the court reporter or transcriber, a statement indicating where to redact the personal data identifiers in the transcript. The court reporter or transcriber must redact the identifiers as directed by the party. During the 21-days 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 rules on any such motion. Fed. R. Bankr. P. Rule 9037(d).

 

Note: The party is not required to file the statement with the court.  However, in addition to submitting the statement to the court reporter or transcriber if the party wants to file the statement with the court the filer should file the statement using a specific docket event.  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.