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How will a court reporter or transcriber know when to redact a transcript?
Any transcript redaction request must be requested by a party in the case by filing a Request for Redaction with the court and submitting the request to the transcript company within 21 calendar days of the initial filing of the transcript with the Clerk’s Office.
The Request for Redaction must specify the personal data identifiers to be redacted, noting the page and line numbers where the redaction is required.
Is there a fee that the court reporter or transcriber can charge for making the redactions?
No. The Judicial Conference has not authorized an additional fee for providing redacted transcripts for the court's electronic records.
May parties move to redact other information in a transcript other than the specified identifiers?
Yes. While court reporters or transcribers are authorized to redact the specific personal identifiers noted above, counsel may move the court by separate motion. A ruling from the court is required before other information in the transcript may be redacted.
Once the certified copy of the transcript is filed with the Clerk’s Office, can court reporters or transcribers sell copies to other parties requesting transcripts?
Yes, nothing in the new policies restrict counsel, parties, or the public from requesting copies of a transcript from a court reporter or transcriber during or after the 90-calendar day period.
What are the personal identifiers that a party may request to be redacted?
The redaction of the following personal identifiers should be requested from counsel:
- Social Security Numbers or Taxpayer Identification Numbers; redacted to the last four digits
- Financial account numbers; redacted to the last four digits
- Dates of birth; redacted to the year
- Names of minor children; redacted to initials
Will all transcripts filed with the Clerk’s Office be available electronically?
Public access to the transcript is immediately available, however, when viewed at the public terminals at the courthouse or if purchased from the court reporter.
If a transcript is redacted, the original, unredacted transcript will not be available electronically. The redacted version of the transcript will be available after the 90-day restriction period has ended.
Will anyone be able to obtain a copy of the transcript during the initial 90-calendar day period after the certified transcript copy has been filed with the Clerk’s Office?
Yes, any counsel, party, or member of the public wanting a copy of a transcript during the 90-calendar day period will be able to purchase a copy from the court reporter or transcriber at the rate established by the Judicial Conference.
Will counsel, a party, or the public be able to review the transcript during the 90-calendar day period?
Yes, the transcript on the CM/ECF system will be available for review and inspection at the court’s public terminal during the 90-calendar day period. However, the Clerk’s Office will not provide copies to counsel, a party, or the public during the 90-calendar day period, but rather will refer anyone who wants a copy to the transcriber. In addition, an attorney in a case who has received a transcript from the court reporter or transcriber will be given access to the transcript through the CM/ECF system. Counsel of record in a case who has not purchased a copy of the transcript from the court reporter or transcriber will not have access to the transcript through CM/ECF until they purchase it from the court reporter or transcriber or until the 90-calendar day period has expired.