Local Rule LBR 5077-1: Transcripts and Recordings

LBR 5077-1. Transcripts and Recordings

(a) Requests for Transcripts and Recordings.

(1) Transcripts. A transcript of a court proceeding may be ordered by filing a request substantially conforming to the local form (Request for Transcript).

(2) Audio Recordings. An audio recording of a proceeding may be ordered by filing a request substantially conforming to the local form (Request for Audio Recording of Hearing).

(b) Delivery of Transcript to Clerk. The transcriber may deliver a certified copy of a transcript to the clerk in accordance with 28 U.S.C. § 753 by filing such a copy electronically in the court's CM/ECF system.

(c) Restricted Access Period. Unless the court orders otherwise, a transcript will not be made electronically available to the general public via the Internet until at least 90 days after the date the transcript is filed. During the 90-day restricted access period, a printed copy of the transcript may be obtained directly from the transcriber. After the 90-day period, the transcript will be available for printing for a fee at public computer terminals in the Clerk's Office and may be viewed for a fee through the Internet using the federal judiciary's Public Access to Court Electronic Records ("PACER"). The transcript may be viewed at public computer terminals in the Clerk's Office at any time without a fee.

(d) Notice of Filing. Upon the electronic filing of a transcript, the clerk will serve a notice of filing of transcript on each party noted in the transcript as making an appearance.

(e) Responsibility to Review. Each party attending the hearing is responsible for reviewing the transcript for compliance with Bankruptcy Rule 9037(a). A party is responsible for reviewing the following: (1) opening and closing statements made on the party's behalf; (2) statements of the party; (3) the testimony of any witnesses called by the party; and (4) any other portion of the transcript as ordered by the court.

(f) Request for Redaction.

(1) Personal Data Identifiers. A party may request redaction of the information described in Bankruptcy Rule 9037(a) by filing a request substantially conforming to the local form (Request for Redaction of Personal Data Identifiers) not later than 21 days after the date of filing of the transcript.

(2) Other Information. A party may request redaction of additional private or sensitive information by filing a motion not later than 21 days after the date of filing of the transcript.

(g) Redaction by Transcriber. If a request for redaction is timely filed under paragraph (f)(1) of this rule, the transcriber must file a redacted version of the transcript not later than 28 days after the date of filing of the original transcript. If a motion is timely filed under paragraph (f)(2) of this rule, the transcriber must file a redacted version of the transcript not later than 14 days after the court grants the motion. The court may extend or shorten these time periods. If a redacted version is filed, only the redacted version will be available via the Internet. The original unredacted transcript will remain available for viewing at public computer terminals in the Clerk's Office.

(h) Use of Transcript as Exhibit. A party attaching a copy of a transcript or a portion thereof as an exhibit to another filing at any time must ensure that all personal information protected under Bankruptcy Rule 9037 is redacted.

(i) Limitations. Nothing in this rule: (1) creates a private right of action or a claim against the United States or any of its employees; (2) changes any other rules, policies, or procedures with respect to the sealing or redaction of court records for any other purpose; or (3) affects or limits the right of any party, or any other person or entity, to request production of a transcript on an expedited basis.