Operating Procedure 11: Video-Recording Policy

(a) Procedure.

(1) Requests for Video-Recording; Timing. A request for video-recording must be submitted to the Clerk of the Court not later than one week before oral argument. The Clerk will refer requests to the assigned panel for decision.

(2) Notice to Parties; Opportunity to Object. On receipt of a request for video-recording of oral argument, the Clerk of Court shall forward a copy of the request to the parties for their comment or objection. Comments or objections must be submitted not later than two business days before oral argument.

(3) Discretion of the Panel. The assigned panel may authorize video-recording in its sole discretion. The panel will normally deny the request if one member objects.

(4) Restrictions. The court’s video-recording system will record the judges and counsel at the podium, but no others. In particular, the system will not record counsel table, the gallery, or other people in the courtroom.

(5) Other Photography and Video-Recording Prohibited. This policy is exclusive. All other photography and video-recording of oral argument remains prohibited.

(6) Authority of the Presiding Judge. The presiding judge may waive the time limits listed in this policy and authorize the Clerk to accept a late request for video-recording or a late comment or objection from a party. The presiding judge may direct the cessation of video-recording at any time during oral argument.

(7) Release of Video Recording. The Clerk shall release the video recording to the public as directed by the assigned panel.