- Transcript Review Responsibilities. In accordance with the policy established by the Judicial Conference of the United States, when a transcript has been filed electronically in CM/ECF, each party’s attorney is required to review the transcript to ensure that certain personal information is not made available in the public record. Self-represented parties are responsible for performing this process. Unless otherwise ordered by the court, the attorney must review the following portions of the transcript:
- Opening and closing statements made on the party’s behalf.
- Statements of the party;
- The testimony of any witnesses called by the party; and
- Any other portion of the transcript as ordered by the court.
- Required Redactions. To comply with Federal Rule of Bankruptcy Procedure 9037(a), if a court filing contains an individual’s social-security number, taxpayer-identification number, birth date, the name of an individual other than the debtor known to be and identified as a minor, or a financial account number, the party responsible for reviewing the transcript may include only:
- The last four numbers of a social-security or taxpayer-identification number;
- The year of the individual’s birth;
- The minor’s initials; and
- The last four digits of the financial-account number.
See Federal Rule of Bankruptcy Procedure 9037(b) for exceptions from the redaction requirement.
- Other Redaction Requests. Please note that requests to redact anything other than the personal identifiers listed in Federal Rule of Bankruptcy Procedure 9037(a) must be made by a separate motion within 21 days of the date the transcript is filed. Transcripts are only sealed by court order.
- 90-Day Restriction Period.
- Parties will be notified that a transcript has been filed by notice of electronic filing (NEF) in CM/ECF. This notice will also indicate the deadline to file a Notice of Intent to Request Transcript Redaction (see paragraph 5, below).
- During the 90-day period:
- A copy of the transcript may be obtained from the transcriber at the rate established by the Judicial Conference.
- A transcript provided to the clerk’s office by a transcriber will be available at the office of the clerk of court for inspection only. The transcript will also be available within the court for internal use, and an attorney who obtains the transcript from the court reporter or transcriber may obtain remote electronic access to the transcript through the court’s CM/ECF system for purposes of creating hyperlinks to the transcript in court filings and for other purposes by contacting the clerk’s office.
- A copy of the transcript may be obtained from the transcriber at the rate established by the Judicial Conference.
- Parties will be notified that a transcript has been filed by notice of electronic filing (NEF) in CM/ECF. This notice will also indicate the deadline to file a Notice of Intent to Request Transcript Redaction (see paragraph 5, below).
- Redaction Request Steps.
- Parties have seven (7) days from the date the transcript is filed to file a Notice of Intent to Request Transcript Redaction using the Notice of Intent to Request Transcript Redaction event in ECF. A copy of the notice must be provided to the transcriber. This will alert the court and transcriber to put the appropriate controls into effect.
- If a Notice of Intent to Request Transcript Redaction is not timely filed, the court will assume redaction of personal identifiers from the transcript is not necessary.
- Parties have twenty-one (21) days from the date of the filing of the transcript to file a Request for Transcript Redaction form using the Request for Transcript Redaction event in ECF, listing the entries by page and line where data appears that should be redacted. A copy of the Request for Transcript Redaction form must be provided to the transcriber.
- The deadline for filing the redacted version of the transcript is thirty-one (31) days from the filing date of the transcript. The transcriber must file any redacted transcript with the clerk’s office in CM/ECF.
- The transcriber must not charge any fee for providing redacted transcripts to the clerk’s office.
- The transcriber is not required to provide a copy of the redacted transcript to the ordering party.
- The unredacted transcript will continue to be filed as a restricted document, which will allow court staff to view and print it and allow the public to view the transcript at the public terminal in the clerk’s office.
- The transcriber must not charge any fee for providing redacted transcripts to the clerk’s office.
- Parties have seven (7) days from the date the transcript is filed to file a Notice of Intent to Request Transcript Redaction using the Notice of Intent to Request Transcript Redaction event in ECF. A copy of the notice must be provided to the transcriber. This will alert the court and transcriber to put the appropriate controls into effect.
- Public Access to Transcript. After the 90-day period has ended, the redacted transcript (or unredacted transcript if no redactions were requested) will be available for inspection and copying in the clerk’s office and for download from the court’s CM/ECF system through the judiciary’s PACER system.
Note: Please also see the detailed CM/ECF filing instructions for Requests for Audio Recordings and Transcripts of Court Proceedings.
