Transcript of Court Proceedings

Rev. 02/29/2024

Fed. R. Bankr. P. 9037(a)

28 U.S.C. § 753

Courts making electronic documents remotely available to the public must make electronic transcripts of proceedings remotely available to the public. See Judicial Policy, Vol. 10 (Public Access and Records) § 330.10.10 Transcripts Redaction Policy and Process. However, all transcripts must conform with the federal privacy protection rules. See Fed. R. Civ. P. 5.2, Fed. R. Crm. P. 49.1, and Fed. R. Bankr. P. 9037. To request a transcript, see Transcript Request.

Transcript Availability

Volume 6 Chapter 5 § 510.25.10 Transcripts in the Case Management/Electronic Case Files System

1. A transcript provided (filed) to a court by a court reporter or transcriber will be available at the clerk's office for inspection only 90 days (unless extended by the court). (28 U.S.C. § 753 requires the transcript to be available at the clerk's office for inspection by any person without charge).
2. During the 90 days (which may be extended by the court):
   1. A copy of the transcript may be obtained from the court reporter or transcriber at the rate established by the Judicial Conference. The notice of filing of transcript provides the transcriber's contact information;
   2. The transcript will be available within the court for internal use; and
   3. An attorney who obtains the transcript from the court reporter or transcriber may obtain remote electronic access to the transcript through the court’s Case Management/ Electronic Case Files (CM/ECF) system for purposes of creating hyperlinks to the transcript in court filings and for other purposes.
   4. Access to the transcript in CM/ECF is restricted to four types of users:
      1. court staff;
      2. public terminal users
      3. attorneys of record or parties who have purchased the transcript from the court reporter or transcriber; and
      4. other persons as the court directs (e.g., appellate attorneys) (See: Access to Transcript).
3. After the 90-day period has ended, the filed transcript will be available for inspection and copying in the clerk's office and for download from the court's CM/ECF system through the judiciary's PACER system.

Notice of Transcript

Clerk issues the Notice of Filing of Transcript

When the transcriber or clerk dockets the transcript, the system generates a notice providing important deadlines related to the restriction and redaction process. "Notice of Filing of Transcript and of Deadlines Related to Restriction and Redaction".

Court staff completes and issues the form notice via an NEF or through the BNC.

Redaction Responsibilities

Volume 6 Chapter 5 § 510.25.20 Redaction of Electronic Transcripts

• The parties have the responsibility to review the transcripts and request redactions.
• Court reporters and transcribers do not have the responsibility to:
  • redact sensitive information from the transcript, unless the parties make a redaction request; or
  • notify the parties of material that should be redacted.

Transcript Deadlines
Days
7	Attorney or pro-se party informs the court of intent to request transcript redaction. See: Notice of Intent to Request Transcript Redaction
21*	The party requesting redaction submits a statement to the court reporter or transcriber indicating where the personal data identifiers to be redacted appear in the transcript. During the 21-day period, an attorney may move the court for additional redactions to the transcript. The transcript will not be available online until the court has ruled upon any such motion. Fed. R. Bankr. P. 9037(d) Note: The statement is not required to be filed with the Court. However, in addition to submitting the statement to the court reporter or transcriber, if the party chooses to file the statement with the court, see Transcript Redaction Request *21 days or longer if the court so orders
31*	The court reporter or transcriber must redact the identifiers and file a redacted transcript with the court. *31 days or longer if the court so orders.
90	The redacted transcript will be made available via remote electronic access and at the public terminals in the clerk's office for viewing and printing. The original transcript will not be available via remote electronic access. However, unless the Court orders otherwise, viewing and printing at the public terminals will be available.

If...	Then...
Redacted transcript not filed	The transcript will be made available for inspection/copying at the clerk's office and for download from the court's CM/ECF system via PACER
Redacted transcript filed	The redacted version will be available for inspection and copying at the clerk's office and for download from the court's CM/ECF system via PACER.
	The unredacted version will not be available via remote electronic access, but will remain available at the public access terminals in the clerk's office.

Disclaimer: All information provided on this web site is for informational purposes only and does not constitute legal advice. Information on this web site is subject to change without prior notice. Although every reasonable effort is made to ensure the accuracy of the information presented, the content of this web site is in no way guaranteed. Any links to external web sites are provided as a courtesy and should not be construed as an endorsement of the content or views of linked materials. In addition, the Court does not endorse any particular software packages or other proprietary service provided relative to bankruptcy proceedings. U.S. Bankruptcy Court  ●  Southern District of Mississippi