(a) Electronic Filing of Transcripts by Court Reporters. Any transcript of criminal
proceedings in this court filed by a court reporter or transcriber shall be filed electronically,
including a “Notice of Filing of Official Transcript.” The clerk will post a “model notice”
for the court reporter or transcriber’s use on the court’s web site. Upon request, the clerk
shall make an electronic version of any unsealed transcript available for public inspection
without charge at the clerk’s office. See 28 U.S.C. § 753(b).
(b) Availability of Transcripts of Court Proceedings. Electronically-filed transcripts of
criminal court proceedings are subject to the following rules:
(1) A transcript provided to a court by a court reporter or transcriber will be available
at the clerk’s office for inspection for a period of ninety days after it is
electronically filed with the clerk. During the ninety-day inspection period, access
to the transcript in CM/ECF is limited to the following users: (a) court staff; (b)
public terminal users; (c) attorneys of record or parties who have purchased the
transcript from the court reporter or transcriber; and (d) other persons as directed
by the court. Court staff may not copy or print transcripts for a requester during the
ninety-day inspection period.
(2) During the ninety-day period, a copy of the transcript may be obtained from the
court reporter or transcriber at the rate established by the Judicial Conference. 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.
(3) Within seven days of the filing of the transcript in CM/ECF, each party wishing to
redact a transcript must inform the court, by filing the attached “Notice of Intent
to Request Redaction,” of the party’s intent to redact personal data identifiers from
the transcript as required by Fed. R. Crim. P. 49.1. If no such notice is filed within
the allotted time, the court will assume redaction of personal data identifiers is not
necessary.
(4) If redaction is requested, a party is to submit to the court reporter or transcriber and
file with the court, within twenty-one days of the transcript’s delivery to the clerk,
or longer if a court so orders, a statement indicating where the personal data
identifiers to be redacted appear in the transcript. The court reporter or transcriber
must redact the identifiers as directed by the party. These procedures are limited to
the redaction of the specific personal identifiers listed in Fed. R. Crim. P. 49.1(a).
If an attorney wishes to redact additional information, he or she may make a motion
to the court. The transcript will not be electronically available until the court has
ruled on any such motion.
(5) The court reporter or transcriber must, within thirty-one days of the filing of the
transcript, or longer if the court so orders, perform the requested redactions and
file a redacted version of the transcript with the clerk. Redacted transcripts are
subject to the same access restrictions as outlined above during the initial ninety
days after the first transcript has been filed. The original unredacted electronic
transcript shall be retained by the clerk as a restricted document.
(6) If, after the ninety-day period has ended, there are no redaction documents or
motions linked to the transcript, the clerk will remove the public access restrictions
and make the unredacted transcript available for inspection and copying in the
clerk’s office and for download from the CM/ECF system.
(7) If, after the ninety-day period has ended, a redacted transcript has been filed with
the court, the clerk will remove the access restrictions as appropriate and make the
redacted transcript available for inspection and copying in the clerk’s office and
for download from the CM/ECF system or from the court reporter or transcriber.
