Local Rule 5077-1: TRANSCRIPTS

RULE 5077-1. TRANSCRIPTS

(a) Availability During 90-Day Restriction Period. For a period of 90 days after a court reporter or other transcriber files a transcript with the court, the transcript will be available at the office of the clerk of court for inspection only (not for copying). A copy of the transcript may be obtained from the transcriber at the rate established by the Judicial Conference of the United States. During the 90-day period, remote electronic access to the transcript through the ECF system will be available only to attorneys who have purchased a copy from the transcriber.

(b) Availability After 90-Day Restriction Period. After the expiration of such 90-day period, the transcript will be available at the clerk's office for inspection or copying and will also be available by remote electronic access through PACER to all Registered Users. If a redacted version of the transcript has been filed, only the redacted version will be available by remote electronic access, but the unredacted version will remain available for inspection or copying at the clerk's office, unless a party moves to restrict public access and the court so orders.

(c) Obligation to Redact. The attorneys and pro se parties who attended a hearing or trial are responsible for reviewing the transcript of the proceeding and assuring that the transcript is redacted in conformity with Fed. R. Bankr. P. 9037, even if the transcript is prepared and filed at the request of a judge, another party, or a member of the media or the public at large. Redaction is not the responsibility of the court or the court reporter or other transcriber. The obligation of a party and the party's attorney to review and redact the transcript extends to— (1) opening and closing statements made on the party's behalf; (2) statements of the party; (3) the testimony of witnesses called by the party; and (4) any other portion of the transcript as ordered by the court.

(d) Redaction Procedure. Any party who wishes to make redactions from a transcript must file a notice of intent to request transcript redaction within 7 calendar days after the filing of the transcript. Then, the party filing the notice must file a request for transcript redaction within 21 days after the filing of the transcript (not 21 days after the filing of the notice of intent to request transcript redaction) and serve a copy of the request on the court reporter or other transcriber. The request for transcript redaction must include a list specifying each type of personal data identifier to be redacted (Social Security number, taxpayer identification number, birth date, name of minor, or financial account number) together with each page and line number where an instance of such personal data identifiers appears in the transcript. A request for the redaction of information other than personal data identifiers requires a motion for a protective order. See Fed. R. Bankr. P. 9037(d). The transcriber has 31 calendar days after the filing of the transcript within which to file a redacted version of the transcript. If a party fails to timely file a notice of intent to request transcript redaction or files such a notice but fails to timely file a request for transcript redaction, or the party fails to obtain an extension of either deadline by motion filed pursuant to the terms of Fed. R. Bankr. P. 9006(b)(1), no redactions will be made and the original transcript will be available by remote electronic access through PACER to all Registered Users after 90 days.

(e) No Private Right of Action for Failure to Redact. Neither the obligation to redact nor the procedure for redaction set forth in the foregoing subdivisions is intended to create any private right of action.

(f) PACER Charges. Charges for remote access to a transcript through PACER apply during and after the 90-day restriction period, even if a copy of the transcript has been purchased from the court reporter or other transcriber. There is neither a "one free look" nor a 30-page "cap" with respect to transcripts.