Transcript Filing Instructions for Attorneys
Overview. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Filing .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Purchase of Transcript. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Redaction Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Redaction Procedure:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Redacted Transcript. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Individual Access to Transcript. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Juror Name Information.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Access for Appellate Case Attorney. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
CJA Attorney Reimbursement of Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Overview
The Judicial Conference Policy to make transcripts of court proceedings
available electronically via CM/ECF and PACER mandates that official court
transcripts be restricted from PACER for a period of 90 days after filing. During
this 90 days period, the transcript is also subject to redaction of personal
identifiers as requested by counsel of record and parties to the case. After the
90 day period has ended, the filed transcript (or redacted transcript) is available
for inspection and copying in the Clerk’s Office, as well as through PACER.
Filing
After the transcript is filed in CM/ECF, all attorneys in the case will receive a
Notice of Electronic Filing via email. The transcript will be restricted from PACER
for a period of 90 days.
Purchase of Transcript
During the 90 day restriction period, transcripts must be purchased from the
court reporter. There is no free look of the transcript.
C Purchasers who are attorneys in the case will be granted electronic access to
the transcript via PACER. PACER fees will apply.
C The purchaser can receive the transcript from the court reporter in paper or
electronic format, but not both.
C Attorneys who have not purchased the transcript from the court reporter will
not have electronic access to it through PACER until the 90 day restricted
period has expired.
Transcript Filing Instructions for Attorneys
Revised February 9, 2016
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Redaction Requirements
Transcripts that have been ordered and filed in the case must be reviewed by
attorneys and pro se litigants to determine if personal identifiers are listed in
the transcript and must be redacted. Court reporters and clerk’s office
personnel are not responsible for reviewing the transcript for possible
redaction.
Attorneys and pro se litigants must review transcripts for possible redaction
even if they did not order the transcript.
Note: The transcript can be purchased from the court reporter or viewed
at the public access terminal in the clerk’s office.
Review the transcript to identify the following personal identifiers for redaction:
C Individuals’ Social Security numbers,
C Taxpayer Identification numbers,
C Financial account numbers,
C Names of minor children,
C Dates of birth,
C Home address of party or non-party in criminal cases.
Redaction Procedure:
If upon review of the transcript it is determined that redaction of personal
identifiers is necessary the attorney or party will:
STEP ACTION
1 File a Notice of Intent to Request Redaction within 7
calendar days from the filing of the transcript.
C Form is available on the Court’s website
C Filing event: Notice of Intent to Request
Redaction
C Attorneys and pro se litigants are responsible for
notifying the court reporter of the filing of the
Notice.
2 Provide a statement listing the information to be redacted by
page and line number directly to the court reporter within 21
Transcript Filing Instructions for Attorneys
Revised February 9, 2016
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STEP ACTION
calendar days of the filing of the transcript.
Note: If the statement is not provided to the court
reporter within 21 days, the court may issue a Order to
Show Cause or take other action.
3 File a motion, if there is other information in the transcript that
you wish to redact.
Note: The transcript will remain restricted until this motion
is ruled on, even though the 90 day restriction period may
have expired.
Redacted Transcript
If the attorney pro se party has identified personal identifiers for redaction, the
court reporter will file a redacted transcript within 31 days from the filing of the
transcript. The redacted transcript will remain restricted from PACER for the
90 day restriction period.
Note: After the 90 day restriction period has expired, the redacted
transcript will be available through PACER and the un-redacted
transcript will remain restricted.
Individual Access to Transcript
When an attorney buys the transcript from the court reporter, the court reporter
will allow access to the transcript to the attorney electronically via PACER.
C If a redacted transcript is later filed, the attorney will have access to it also.
C However, an attorney who purchases a redacted transcript, does not
automatically acquire access rights to the un-redacted transcript.
C Since pro se litigants are not registered ECF filing users, they cannot be
given electronic access to the transcript during the 90 day restriction period.
Transcript Filing Instructions for Attorneys
Revised February 9, 2016
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Juror Name Information
The Judicial Conference’s Privacy Policy requires courts to restrict identifying
information about jurors or potential jurors.
C Sections of the transcript containing juror name information will be filed as
separate volumes. The PDF for these volumes remains restricted and
available to court users only.
Note: If jurors are identified by number only, the information is not restricted.
Access for Appellate Case Attorney
Periodically the Fourth Circuit will appoint an attorney who is not admitted to
practice in South Carolina to represent a criminal defendant on appeal. Once
appointed, the district clerk will provide the attorney with a Notice of Request
for Access to D/SC ECF. Once the attorney submits the Notice to the court,
the clerk’s office will provide him or her with a temporary ECF login and
password. To obtain electronic access to the transcript and if applicable, file
the Notice of Intent to Request Redaction or other transcript related filings, the
attorney must:
STEP ACTION
1 Purchase the transcript from the court reporter.
2 Complete the request form provided by the Clerk’s Office to
request a login and password for access to CM/ECF.
Note: The Clerk’s Office will grant electronic access to the
transcript so the attorney may access it via PACER. PACER fees
will apply.
3 Follow Redaction Procedure for filing a Notice of Intent to Redact,
if applicable.
CJA Attorney Reimbursement of Costs
An attorney appointed under CJA is entitled to reimbursement for the costs of
obtaining a transcript for purposes of review as well as for functions performed
to fulfill their obligations, including the following:
Transcript Filing Instructions for Attorneys
Revised February 9, 2016
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C travel to gain access to the transcript,
C review of the transcript to determine whether to file a Notice of Intent to
Redact,
C filing a Notice of Intent to Redact or a motion for extension of time,
C reviewing a transcript to determine the location of information to be
redacted or whether to file a motion for additional time;
C preparing and filing a redaction request or a motion,
C other actions (including creating pleadings, attending hearings or other
follow-up).
Transcript Filing Instructions for Attorneys
Revised February 9, 2016
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