Local Rule 1.3: Access to Court Proceedings and Records

1.3 Access to Court Proceedings and Records

(a) Proceedings and Records Open to Public.

(1) All courtroom proceedings are open to the public unless the presiding judge closes the courtroom for reasons stated on the record. All persons must conduct themselves with respect for others and must rise when the judge enters and leaves the courtroom.

(2) All documents and items in the record of a case are available to public access unless access is limited or prohibited by federal law, federal or local rule, or by an order, issued on motion or sua sponte, stating the reasons for sealing.

(3) Standing orders and local rules are available on the court's website, http://www.mtd.uscourts.gov.

(b) Records of the Court.

(1) Fees. The Judicial Conference of the United States establishes fees for records or services provided by the clerk of court. The current fee schedule is available on the court's website.

(2) Case Files. Unless access is restricted or case files have been archived, documents and items filed in the record may be viewed at no cost at the clerk's office. Where feasible, copies may also be obtained for a fee. The electronic record is available to remote access for a fee. Archived documents may be ordered for a fee from NARA.

(3) Verbatim Record. The court will take the record by either stenotype reporting or electronic sound recording. The clerk may provide electronic sound recordings of hearings not attended by a court reporter. An electronic sound recording is not an official record of the court.

(4) Transcripts.

(A) Official Record. Only certified transcripts filed by the individual designated to produce the record are official records of the court.

(B) Obtaining Transcripts. Policies regarding compensation to court reporters and the availability of transcripts, as well as forms for requesting transcripts, may be found on the court's website, or by contacting the clerk's office.

(C) Realtime. Attorneys of record may order and receive Realtime transcription of court proceedings from Realtime certified court reporters. A Realtime unedited transcript may only be distributed to ordering parties, their co-counsel, experts, and staff. It is not to be made available to the public, including news organizations or other nonparticipants, and it may not be cited or used in the manner of a certified transcript. Realtime transcription may not be available in all proceedings.

(D) Filing. Parties shall not file or attach a transcript or transcript excerpt of a court proceeding in the public docket during the 90-day transcript restriction period. If reference to a transcript is necessary, parties shall refer to the docket entry containing the official transcript. The Clerk's Office shall seal any transcripts which do not comply with this rule.

(5) Stricken Documents. A stricken document remains in the public record if originally filed there, unless the presiding judge orders it sealed to protect privacy or security interests. A stricken document remains under seal if it was sealed when stricken.

(c) Broadcasting Prohibited. Inside the courthouses of this District, broadcasting is prohibited, regardless of technology or medium. District and magistrate judges presiding over civil cases, may however, provide the public with live audio access to non-trial proceedings that do not involve witness testimony.

(d) Cameras and Personal Electronic Devices.

(1) General Rule.

(A) Personal electronic devices, including but not limited to tablets, cameras, phones, and laptop computers are permitted in the courthouses of this District. Such devices may be used in a non-disruptive manner in public spaces including hallways, lobbies, and attorney conference rooms.

(B) Upon entry to a courthouse and upon demand, all such devices are subject to security screening and may be subject to confiscation and inspection at any time to determine whether there has been a violation of this Local Rule.

(2) Prohibited Uses.

(A) Photography, videorecording, audio recording, broadcasting, and transmission of court proceedings and courthouse spaces is strictly prohibited unless specifically allowed by written order or permission of the District executive/clerk of court.

(B) Cameras, such as on mobile devices, may be brought into the courthouse but may not be used to take photographs or any recordings in the courtrooms or other public spaces of the building.

(C) The foregoing prohibitions do not apply to naturalization ceremonies or investiture ceremonies. By written order, a judge may lift the foregoing prohibitions for other ceremonial occasions.

(3) Courtrooms.

(A) Visitors to the courthouse including but not limited to prospective jurors, members of the media, and represented parties must turn off all electronic devices before entering a courtroom and may not use electronic devices in a courtroom without the permission of the presiding judge. The presiding judge may set further restrictions on jurors' use of electronic devices during jury service.

(B) Counsel may use electronic devices in the courtroom while at counsel table for approved purposes unless prohibited by the presiding judge, provided the devices emit no sound while in use, and the devices are not used for photography, video recording, or audio recording.

(4) Rule Violations.

Any violation of any portion of this rule may result in confiscation of the device, removal of the violator from building, and/or the imposition of contempt sanctions against the violator individually and, if the violator is attending in the capacity of an employee or agent, against the employer or principal.