- Hard copy access to all transcripts provided to the Court by a court reporter or transcriber will initially be restricted to Court users and case participants for a period of ninety (90) days from the date of filing to allow interested parties the opportunity to review the transcript and file a request for redaction, requesting that personal data identifiers be redacted prior to the transcript being made available to the public. Such personal identifiers are:
- Social security numbers
- Financial account numbers
- Names of minor children
- Dates of birth
- Home addresses of individuals
- The clerk’s office will be prohibited from providing electronic access as well as paper and/or electronic copies of such transcripts until ninety (90) days from the date the transcripts were filed.
- Individuals wishing to purchase a copy of the transcript within the 90-day period must contact the transcriber directly.
- An attorney who purchases the transcript during the 90-day period will be given remote electronic access to the on-line transcript available at that time.
- Members of the general public, including self-represented parties who purchase the transcript, will not be given remote electronic access to the transcript during the 90-day period.
- After the 90-day period expires, transcripts will be available for public access through the PACER system.
- Within seven (7) calendar days of the filing of the official transcript on the docket, each party shall inform the Court, by filing a notice of intent to request redaction with the clerk and serving a copy on the transcriber, of the party’s intent to redact personal data identifiers from the electronic transcript of the court proceeding. The party then has twenty-one (21) calendar days from the date of the filing of the official transcript to file a request for redaction with a listing indicating where the personal identifiers to be redacted appear in the transcript and serve a copy on the transcriber. The transcriber will then have thirty-one (31) calendar days from the date of the filing of the official transcript to file a redacted version of the transcript. Parties shall not include in their public filing the information they want redacted. The transcriber must redact the identifiers as directed by the party as follows:
- Social security numbers will be limited to the last four digits;
- Financial account numbers;
- Names of minor children;
- Dates of birth; and
- Home addresses of individuals.
- If no request for redaction is filed within the allotted time, the Court will conclude that the parties to the action have no objection to the inclusion of personal data identifiers in the transcript and the transcript will be made electronically available on the 91st calendar day, or as soon thereafter as may be practicable, unless the Court, for good cause, related to the application of the Judicial Conference policy on privacy and public access to electronic case files, finds that a transcript should not be made available.
- If a timely request for redaction is filed with the clerk’s office by any party to the proceeding following the filing of the official transcript, the official un-redacted transcript will not be made available. However, the redacted transcript will be made electronically available to the general public on the 91st day following the filing of the official transcript, or as soon thereafter as may be practicable.
- During the 90-day period, or longer if the Court so orders, any attorney who wishes to redact information not covered in Bankruptcy Rule 9037(a), must file a motion for protective order pursuant to part (d) of Bankruptcy Rule 9037. A transcript will not be electronically available until the Court has ruled on the intervening motions for extension of time or for protective orders related to the transcript.
- The cost of any redactions and the responsibility for monitoring the docket to know when the electronic transcript of their hearing has been filed shall be the sole responsibility of the parties to the hearing who have requested the redaction.
- It is the responsibility of the parties to avoid introducing personal identifier information into the record, and attorneys are instructed to avoid eliciting information from or formulating questions to witnesses during court hearings that include personal identifier data and are further directed to be sensitive to the importance of protecting such personal data during the conduct of hearings that are being transcribed.
Advisory Committee Notes
The amended rule includes only stylistic changes. The format of subdivisions is changed to maintain a consistent style across all rules.