(a)     Review of Transcript for Personal Data Identifiers.  After a transcript of any Court proceeding has been filed under LR 80.1(a), the attorneys of record, including attorneys serving as “standby” counsel appointed to assist a pro se defendant in his or her defense in a criminal case, and unrepresented parties shall determine whether redaction of personal data identifiers in the transcript is necessary to comply with Fed. R. Crim. P. 49.1 or Fed. R. Civ. P. 5.2.  Attorneys of record or unrepresented parties are responsible to request redaction of personal data identifiers in the following portions of the transcript, unless otherwise ordered by the Court:

 

(1)   Statements by the party or made on the party’s behalf;

 

(2)   The testimony of any witness called by the party;

 

(3)   Sentencing proceedings; and

 

(4)   Any other portion of the transcript as ordered by the Court.

 

(b)     Notice of Intent to Request Redaction.  If any portion of the transcript reviewed in accordance with subsection (a) of this rule is required to be redacted to comply with Fed. R. Crim. P. 49.1 or Fed. R. Civ. P. 5.2, a Notice of Intent to Request Redaction shall be filed within seven (7) calendar days from the date the transcript was filed. 

 

The Court will assume redaction of personal data identifiers from the transcript is not necessary if a Notice of Intent to Request Redaction is not filed.

 

(c)     Statement of Redaction.  If a Notice of Intent to Request Redaction is filed, the party shall file a Statement of Redaction within 21 calendar days from the date the transcript was filed.  The Statement of Redaction shall consist of the following information:

 

(1)   Type of personal data identifier to be redacted, e.g., “social security number”;

 

(2)   Page number and line number of transcript on which the personal data identifier to be redacted is located; and

 

(3)   How the transcript should read after redaction, e.g., “social security number to read as XXX-XX-1234.”

 

The Statement of Redaction shall not disclose the personal data identifier to be redacted.

 

(d)     Redacted Transcript.  After the Statement of Redaction is filed, the court reporter has 31 calendar days from the date the original transcript was filed to file the redacted transcript.  The court reporter shall not charge any fees for redaction services. 

 

(e)     Extensions of Transcript Redaction Deadlines. Any extensions of the redaction deadlines may be granted only by Court order. If an attorney of record or a party fails to timely file a Statement of Redaction after a timely Notice of Intent to Request Redaction was filed, the attorney or party shall:

 

(1)   File a motion with the Court to request redaction; or

 

(2)   Withdraw the Notice of Intent to Request Redaction.

 

The Court may issue an order to show cause as to why the attorney or party has not met the requirements of this rule.

 

[Adopted effective May 12, 2008; amended August 11, 2008]