Local Rule 5077-1: Recordings and Transcripts of Hearings or Trials; Filing Transcripts of Hearings, Trials, Meetings of Creditors, Examinations Under Rule 2004, or Depositions; Redacting Certain Information From Transcripts.

Rule 5077-1. Recordings and Transcripts of Hearings or Trials; Filing Transcripts of Hearings, Trials, Meetings of Creditors, Examinations Under Rule 2004, or Depositions; Redacting Certain Information From Transcripts.

(a) Request for recording. A Windows Media Audio ("WMA") file or a compact disc recording of any hearing or trial may be obtained by calling the Clerk's office in Pierre, providing the case or adversary number and the date of the hearing or trial, and paying the fee prescribed by the Judicial Conference.

(b) Request for transcript. A transcript of any hearing or trial may be obtained by electronically filing a transcript order form. The party requesting the transcript shall pay a deposit directly to the transcriber when the transcript is ordered and shall pay the remaining balance before the transcript is filed. If a transcript order form contains incomplete or inaccurate information, the party requesting the transcript shall file an amended transcript request. Court personnel may not alter a transcript order form.

(c) Filing and access to a transcript of a meeting of creditors, a Rule 2004 examination, or a deposition.

(1) Filing. If a certified transcript of a meeting of creditors, an examination under Fed.R.Bankr.P. 2004, or a deposition is prepared, the certified transcriptionist or the court reporter shall electronically file the certified transcript in the case or adversary proceeding designated by the caption of the transcript. The transcript shall be in single page format.

(2) Access. Unless otherwise ordered, the transcript will be available for viewing only at the Clerk's public access computer terminals.

(d) Filing, notice of filing, and access to a transcript of a hearing or a trial.

(1) Filing. If a transcript of a hearing or a trial is prepared, the official transcriber shall electronically file a certified transcript in the case or adversary proceeding designated by the caption of the transcript. The transcript shall be in single page format.

(2) Notice of filing. Upon the filing of the transcript of a hearing or a trial, an electronic Notice of Filing Transcript shall issue, which states:

(A) remote electronic access to the transcript is restricted until a stated date, which shall be 90 days after the transcript is filed with the Court;

(B) the deadline for filing a Notice of Intent to Request Redaction, which shall be seven days after the transcript is filed with the Court;

(C) the deadline for filing a Request for Redaction, which shall be 21 days after the transcript is filed with the Court; and

(D) the deadline for filing a redacted version of the transcript, which shall be 35 days after the transcript is filed with the Court.

(3) Access. Upon the expiration of the 90-day restriction period set forth in the electronic Notice of Filing Transcript,

(A) if a redacted version of the transcript is not filed and if neither the deadline for filing a Request for Redaction nor the deadline for filing a redacted version of the transcript has been extended, the unredacted version of the transcript will be available for viewing and printing through remote electronic access and at the Clerk's public access computer terminal; and

(B) if a redacted version of the transcript is filed,

(i) the redacted version will be available for viewing and printing through remote electronic access and at the Clerk's public access computer terminal; and

(ii) unless otherwise ordered, the unredacted version will not be available for viewing or printing through remote electronic access, but will be available for viewing only at the Clerk's public access computer terminal.

(e) Redacting certain information from a transcript.

(1) Responsibility to review. If a transcript of a hearing, a trial, a meeting of creditors, an examination under Fed.R.Bankr.P. 2004, or a deposition is filed with the Court, the attorneys, and any parties not represented by an attorney, who attended the hearing, trial, meeting of creditors, examination, or deposition shall review the transcript to determine whether it should be redacted. Each attorney representing a party and each party not represented by an attorney shall be responsible for reviewing the opening statement and closing argument made on that party's behalf, any other statements made on that party's behalf, and the testimony of any witness called by that party. In a contested matter, the moving party or the moving party's attorney shall be responsible for reviewing the Court's statements. In an adversary proceeding, the plaintiff or the plaintiff's attorney shall be responsible for reviewing the Court's statements.

(2) Notice of Intent to Request Transcript Redaction. A Notice of Intent to Request Transcript Redaction of the personal identifiers described in Fed.R.Bankr.P. 9037(a) shall be filed with the Court and shall be served on the official transcriber or court reporter within seven days after the transcript of a hearing, a trial, a meeting of creditors, an examination under Fed.R.Bankr.P. 2004, or a deposition is filed with the Court.

(3) Request for redaction under Fed.R.Bankr.P. 9037(a). A Transcript Redaction Request shall be filed with the Court and shall be served on the official transcriber or court reporter within 21 days after the transcript of a hearing, a trial, a meeting of creditors, an examination under Fed.R.Bankr.P. 2004, or a deposition is filed with the Court. The Transcript Redaction Request shall include a list of the personal data identifiers to be redacted. The list shall describe the personal data identifiers by category (e.g., minor's name, birth date) and shall specify the page numbers and line numbers on which the personal data identifiers appear in the transcript.

(4) Request for protective order under Rule 9037(d). A motion for a protective order under Fed.R.Bankr.P. 9037(d) to redact information that is not described in Fed.R.Bankr.P. 9037(a) from a transcript of a hearing, a trial, a meeting of creditors, an examination under Fed.R.Bankr.P. 2004, or a deposition shall be filed with the Court and shall be served on parties in interest not electronically served, including, but not limited to, the official transcriber or court reporter. No notice of the motion is required.

(5) Filing of redacted transcript. The official transcriber or court reporter shall file the redacted version of the transcript of a hearing, a trial, a meeting of creditors, an examination under Fed.R.Bankr.P. 2004, or a deposition within 14 days after a Transcript Redaction Request is filed with the Court.

(6) Extension of time. A motion to extend any of the deadlines set forth in this rule shall be filed with the Court before the original deadline has expired, shall state the specific extension requested, and shall demonstrate cause for the extension requested. The motion shall constitute notice of the extension sought and shall be served on parties in interest not electronically served.

REFERENCES: 11 U.S.C. § 17; Fed.Rs.Bankr.P. 5007 and 9037.

Practice Pointers: A transcript order form may be downloaded from the Court's website at www.sdb.uscourts.gov. See Links and Resources, then Transcripts, then Ordering a Transcript of a Hearing, Conference, or Trial, and then Transcript Requests.

The fee for a transcript of a hearing or a trial may be obtained by calling the Clerk's office in Pierre. The fee will vary with the length of the hearing or the trial. The transcriptionist will request to be paid by credit card.

Pursuant to Bankr. D.S.D. R. 2003-1(e), a transcript of a meeting of creditors is brought under this rule and shall be electronically filed.

Pursuant to Bankr. D.S.D. R. 2004-1, a transcript of an examination under Fed.R.Bankr.P. 2004 is brought under this rule and shall be electronically filed.

Pursuant to Bankr. D.S.D. R. 2003-1(e), a transcript of a meeting of creditors is brought under this rule. If a party wishes to file a transcript of a meeting of creditors for use as an exhibit at a hearing or a trial, the party must first obtain the audio recording of the meeting from the case trustee or the United States Trustee who presided over the meeting. The party must then arrange for a court reporter or a certified transcriptionist to prepare a certified transcript from the audio recording. The court reporter or the certified transcriptionist must then electronically file the certified transcript as provided by Bankr. D.S.D. R. 5077-1(c)(1).