Local Bankruptcy Rules – Western District Of Oklahoma

| Local Bankruptcy Rules

PART V. COURTS AND CLERKS

RULE 5003-1 CLERK – GENERAL

A. Exhibits. Exhibits will not be docketed. Original exhibits received into evidence can be withdrawn from the custody of the Clerk before final disposition of the case or proceeding only on application and order of the Court. Original exhibits introduced in any hearing and held by the Clerk may be disposed of by the Clerk: 1. after giving the party introducing the exhibits twenty-one (21) days notice to retrieve the exhibits, or 2. without notice, thirty (30) days after the case or proceeding is closed.

B. Official Mailing List. The Clerk shall maintain, and update as necessary, the official mailing list for each bankruptcy case which shall include: (1) the name and address of the debtor, the debtor’s counsel, the trustee, the United States Trustee, and any members of any official committee appointed in the case, and its counsel; (2) the names and addresses of all persons or entities on the creditor list as it may be amended; (3) the names and addresses of all persons or entities on the equity security holders list as it may be amended, if applicable; (4) the names and addresses of all persons or entities who file an entry of appearance and request for notice in the case; (5) the names and addresses of creditors who file a proof of claim in the case; and (6) the names and addresses of interest holders who file a proof of interest in the case. This listing shall be known as the “Official Mailing List.”

C. Redaction of Transcripts. In compliance with the policy of the Administrative Office of the United States Courts, transcripts produced of court proceedings shall be made available to the public electronically.

1. Notice of Filing. The Clerk shall notify all parties in attendance at a hearing of the filing of a transcript and the deadlines to file the notice of intent to request redaction, the request for redaction, the redacted transcript filing date and the release of transcript date.

2. Redaction of Information. Access to electronic transcripts filed with the Court will be initially restricted for a period of ninety (90) days (the “Inspection Period”) to permit court users and case participants to request redaction of personally identifiable data in accordance with the following procedures. Personally identifiable data includes: (i) Social Security numbers; (ii) financial account numbers; (iii) names of minor children; (iv) dates of birth; and (v) home addresses.

3. Responsibility for Redaction. Parties wishing to review transcripts for possible redaction shall be responsible to monitor the docket for the filing of the transcripts. Neither court reporters/transcriptionists nor the Court shall be responsible to identify a need for or to redact information. The Clerk is not required to review transcripts filed with the Court to determine compliance with this rule. The responsibility for redacting transcripts rests solely with counsel and the parties to an action, including pro se parties. The parties to a hearing remain responsible for redaction procedures even if the entity ordering the transcript is a judge or a member of the public.

4. Transcripts Restricted. The ECF System event for filing of transcripts shall automatically restrict access to transcripts filed with the Court to hearing participants, Clerk’s office public terminal users and Court staff. The transcript may be viewed by the public only at a public terminal at the office of the Clerk. The transcript may not be copied or printed by the Clerk for a customer during the Inspection Period. A permanent header shall appear on the transcript stating that the transcript is AVAILABLE AT THE PUBLIC TERMINAL FOR VIEWING ONLY.

5. Notice of Filing Transcript. Parties shall request redaction of personally identifiable data from a transcript by filing a Notice of Intent to Request Redaction with the Clerk within seven (7) business days of the filing of the official transcript by the court reporter/transcriptionist. A file-stamped copy of the notice shall be served on the court reporter/ transcriptionist by the attorney or party filing the notice.

6. Request for Redaction. If a Notice of Intent to Request Redaction is filed within seven (7) days of the filing of the official transcript, the transcript shall not be made available electronically to the public until redaction is completed. After filing a Notice of Intent to Request Redaction, the filer has twenty-one (21) calendar days following the filing of the official transcript, to file a Request for Redaction. The Request for Redaction shall include a statement indicating the location of personally identifiable data within the transcript. The statement shall include the name of the person giving testimony to be redacted, the transcript page number, and the line number of the transcript where the personally identifiable data appears. The Request for Redaction shall be served on the court reporter/transcriptionist. The Request for Redaction shall be a private event. Only Court users may view the Request for Redaction.

7. Failure to Meet Deadline. If an attorney or party files a Notice of Intent to Request Redaction but fails to file a timely Request for Redaction or a Motion to Extend Time for Redaction, no redaction will be made and the unredacted transcript shall be publically available after the expiration of the ninety (90) day inspection period.

8. Response or Objection to Request for Redaction. Nothing in this rule shall prohibit an attorney or party from responding or objecting to a Request for Redaction. However, the filing of a response or an objection shall not extend any deadline periods.

9. Redaction of Information. The court reporter/transcriptionist shall redact the following personally identifiable data from the electronic transcript as follows: (i) Social Security numbers to the last four digits (ii) Financial account numbers to the last four digits (iii) Names of minor children to the initials (iv) Dates of birth to the year (v) Home addresses to the city and state

10. Filing of Redacted Transcript. The redacted transcript must be filed within thirty-one (31) days from the date the transcript was originally filed with the Clerk, unless otherwise ordered by the Court.

11. Unredacted Transcript. After the filing of a redacted transcript, the original unredacted electronic transcript shall be retained by the Clerk as a private Document. The unredacted transcript shall not be available for inspection or printing unless otherwise ordered by the Court.

12. Expiration ofInspection Period. After the ninety(90) day inspection period has expired and no redaction motions are pending, an unredacted transcript shall be available for inspection and copying in the office of the Clerk or for downloading from the ECF System. Restricted access to the transcript shall be removed by Court staff. After the ninety (90) day period has expired and a redacted transcript has been filed, the final redacted transcript shall be available for inspection and copying in the office of the Clerk or for downloading from the ECF System. Restricted access to the transcript shall be removed by Court staff.

13. PACER fees. Fees will be assessed to access the transcript via the ECF System. Charges for transcripts are not capped at thirty (30) pages. Fees will be assessed for each look at the transcript. A free look or copy will not be available. Fees will be assessed even if the attorney or party has previously purchased a copy of the transcript.

14. Redaction of Other Information. Requests for redaction of personally identifiable data other than the data specified in these Local Rules or additional requests for redaction of transcripts must be submitted as a motion to restrict personal information pursuant to BankruptcyRule 9037(d). Such motion to restrict personal information shall be filed within twenty-one (21) calendar days of the filing of the official transcript. The electronic transcript shall not be made publicly available until an order resolving the motion is issued by the Court.

15. Motion to Extend Time. Motions to extend time under this Local Rule shall be ruled upon expeditiously.