IV. COURT ORDERS AND TRANSCRIPTS

4.1 Court Orders

(a) Electronic Signature

An electronically signed order shall have the same force and effect as a paper order containing an original signature and conventionally entered on the court’s docket. An electronically signed order shall include, but is not limited to, the signatories name (i) preceded by a “/s/”, (ii) typed in the document or in a docket text order, or (iii) inserted in the document as an imaged signature. Both judicial officers and court clerks may electronically sign orders as appropriate.

(b) Docket Text Orders

The court may issue orders by a text only entry on the court’s docket and without the issuance of a PDF document. The parties will receive notice of such an order through the Notice of Electronic Filing.

(c) Entry of Orders

All electronically signed/endorsed orders will be electronically filed by a judicial officer or court personnel.

(d) Proposed Orders

All proposed orders shall be submitted electronically as a separate attachment to a motion or other request for relief or contained within the body of a stipulation. A proposed order may not be submitted as a separate docket entry in ECF unless so requested by the court. Proposed orders shall be submitted in a converted PDF format, not a scanned PDF format, and shall be clearly captioned as a “Proposed” order. The court may request the parties submit a proposed order in word processing format on a data storage device or by e-mail.

(e) Notice of Orders

The electronic transmission to a Filing User of an order or judgment through the Notice of Electronic Filing constitutes notice as required by Fed. R. Civ. P. 77(d) and Fed. R. Crim. P. 49(c). When mailing paper copies of an electronically filed order to a party who is not a Filing User, the clerk’s office will include the Notice of Electronic Filing.

History

(§ (d) amended 6/1/11; § (e) amended 12/1/13)

4.2 Transcripts of Federal Court Proceedings in this District

(a) Electronic Filing of Original Transcripts

All original transcripts shall be electronically filed, which shall generate a Notice of Electronic Filing of a Transcript to be served on the parties.

(b) Obligation to Review Transcripts for Personal Identifiers

Within twenty-one (21) days after the date on the Notice of Electronic Filing of a Transcript, any party who purchased an original or a copy of the transcript shall:

(1) Review the transcript to determine whether it contains any personal identifiers listed in Fed. R. Civ. P. 5.2 or Fed. R. Crim. P. 49.1, whichever is applicable; and

(2) Electronically file a Transcript Redaction Request if that party concludes the transcript contains personal identifiers that must be redacted.

Any party that did not request an original or copy of the transcript may also review the transcript for personal identifiers and may electronically file a Transcript Redaction Request within this same twenty-one (21) day period.

The responsibility for redacting personal identifiers rests solely with counsel and the parties and neither the court reporter nor court staff are responsible to independently redact information from the case unless there is a redaction request by a party to the case. The parties will be charged no fee for redactions made by a court reporter.

(c) Requests to Redact Other Information

Requests to redact any information other than the personal identifiers listed in Fed. R. Civ. P. 5.2 or Fed. R. Crim. P. 49.1 must be made by motion within twenty-one (21) days after the date on the Notice of Electronic Filing of a Transcript.

(d) Failure to Submit Transcript Redaction Request

The failure to file a Transcript Redaction Request within the designated twenty-one (21) day period will result in a presumption that the redaction of personal identifiers is not necessary and the original transcript will be made available at the clerk’s office and by remote Internet access through PACER as set forth below.

(e) Electronic Filing of Redacted Transcripts

If a Transcript Redaction Request is timely made or a motion to redact additional information is granted, a redacted transcript shall be electronically filed within thirty-one (31) days after the original transcript was filed with the court.

(f) Public Access to Transcripts

For a period of ninety (90) days following the filing of an original transcript, only Filing Users who purchased an original or a copy of the transcript will be permitted remote Internet access to the transcript through PACER. The public may review, but may not copy or reproduce, the transcript in the clerk’s office in paper format or in electronic format at public terminals during this initial ninety (90) day period. At the conclusion of this initial ninety (90) day period, unless extended by court order, the public will be permitted to copy or reproduce the transcript in the clerk’s office and will be permitted remote Internet access to the transcript though PACER. If a redacted transcript is filed, the original transcript will remain available to the parties in the case but will not be otherwise made available to the public at the clerk’s office or through PACER. Persons accessing transcripts using PACER, including both Filing Users who purchased the transcript and other members of the public, will be assessed a PACER user fee in accordance with 28 U.S.C. § 1914.

(g) Electronic Signatures

An electronically signed transcript shall have the same force and effect as a paper transcript containing an original signature and certification stamp. An electronically signed transcript shall include, but is not limited to, the signatories name (i) preceded by a “/s/”, or (ii) inserted in the document as an imaged or digital signature.

History

(Amended 5/15/08; preamble omitted 12/1/09; §§ (a) & (e) amended 6/1/11)

4.3 Transcripts of Court Proceedings in Other Courts

A transcript of a proceeding of another court shall be electronically filed in PDF format if available.  If the transcript is not available in PDF format, then it shall be conventionally filed.

(Formerly AP 4.2 (b), renumbered 5/15/08)