Federal Judiciary

New transcript redaction procedures go into effect

By Michael Smith

Judge Heartfield just signed General Order 08-8, Download 08-8.pdf which amends several local rules and adds new Local Rules CV-5.2 and CR-49.1, which create new transcript redaction procedures in accordance with U.S. Judicial Conference policy regarding redacting private information from transcripts.
Long and short of it is this - Judicial Conference policy - and now FRCP 5.2 - require (kinda sorta - you have to read the rule) that certain private information (bank accounts, social security numbers., etc.) be redacted from court filings.  When the issue came up of what to do about private information in transcripts - because forthcoming changes will result in hearing and trial transcripts becoming available online - procedures were added last year requiring attorneys to take responsibility for redacting private information in transcripts before they become available online.  These changes amend those changes to set out the procedures for attorneys to follow to redact when the need arises, while avoiding giving us all free copies of the transcripts from the court reporters under the guise of letting us review them to see if any changes are needed.  Essentially, if you didn't make sure during the hearing that private information was kept out of the record, you'll need to either buy a transcript to prepare the
changes, or view the transcript at the terminal in the clerk's office.
If you have this come up in one of your cases, read this order carefully to see what the procedure is.

Full post as published by Eastern District of Texas Federal Court Practice on May 09, 2008 (boomark / email).