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Attorney Newsletter September, 2025

NEWS FROM U.S. DISTRICT COURT
September 12, 2025

Redacting Transcripts in Criminal Cases. Last month we changed the procedure for filing non-public documents, including transcripts, in criminal cases. Under the change, non-public documents are no longer filed electronically in criminal cases, which consequently changes the procedure for reviewing transcripts in order to submit redaction requests. Previously, counsel could review these transcripts at the public access terminal in the Clerk’s Office; now, they must review a hard copy in the Clerk’s Office.

If redaction requests and motions to redact are necessary, they must be delivered to the Clerk’s Office for filing. Attorneys do not need to file a motion to seal when dropping these off, but they must include a certificate of service that they have served the applicable court reporter.

We have also updated the Questions and Answers Concerning the Electronic Availability of Transcripts and Transcript Redaction Requests that are posted on our website.

Exhibits Necessary for Criminal Appeals. In the past, the Court of Appeals was able to access non-public documents in CM/ECF. Now that these documents are no longer uploaded to CM/ECF, we are reminding counsel of their obligation under Criminal Local Rule 57.3, which states that “the offering party is responsible for ensuring any non-public exhibits or physical exhibits necessary for an appeal are submitted to the appellate court”.

Access to Non-Public Criminal Documents. When it comes to accessing non-public criminal documents, if the documents were delivered by counsel to the Clerk’s Office for filing and service is required, counsel must serve the documents upon the other parties. If the documents were delivered to the Clerk’s Office for filing by non-parties or the defendant (e.g., support letters and allocution statements), parties may request and obtain copies from the Clerk’s Office. If non-public criminal documents were filed by the Probation and Pretrial Services Office, parties may request and obtain copies from Probation and Pretrial Services.

Friday, September 12, 2025