Litigation Support Tip of the Night

October 19, 2019

You may experience problems attempting a reinstall of Trial Director 6 on Windows 10.   Today, when attempting to do so, Trial Director simply failed to launch for me - the welcome screen flashed for a split second, and there was no further error message.   The other applications in the Trial Director suite, including TimeCoder, would also not open. 

I contacted tech support at IPro (are these the same fine people who worked at inData?) and they were able to send me a new download file that successfully installed an update that launched without any problems on my new Windows 10 operating system.   See the posting about this issue on the IPro forum.  Note that the automated directory on for IPro tech support ((877) 324-4776) doesn't seem to mention Trial Director, but press something and they should be ready for you. 

July 15, 2019

The Federal Rules of Civil Procedure set down specific guidelines for the redaction of trial transcripts.  The following information must be redacted from a transcript:

1. Social security numbers (the last four digits can be left unredacted).

2. Birth dates (the year can be left unredacted). 

3. The names of minor children (initials can be used). 

4. Financial account numbers (the last four digits can be left unredacted).  

   See, Fed. R. Civ. P. 5.2(a).  The parties have 7 days from the filing of the notice of the filing of the official transcript to file a notice to request the redaction of these four types of information from the transcript.  A copy of the notice must be served on the reporter.   See the example posted on the site of the United States District Court for the Southern District of New York.

A statement indicating what is to be redacted must be filed 21 days after this notice.  Guidelines posted to the sites of the United States District Court for the Eastern District of North Carolina and United States District Court for the District of Colorado indicate that statements should contain references in this form: 

Social Security Number 123-45-6789 on page 12, line 9 should be redacted to read xxx-xx-6789.

The United States District Court for the Southern District of New York has posted a form on its site which breaks the information down in a chart:

If the parties wish to redact any other information, they must file a motion to do so within the same 21 day period.  After an order has been issued for further redactions, the reporter then performs the redactions by the date stated in the order.   The redacted version of the transcript (or the original if no redactions are performed) is released on PACER after 90 days.   Only attorneys who pay for transcripts, and court users can have access to the transcript before this 90-day period is up, unless the public terminal at the courthouse is used to view the transcript.  

Some courts restrict access to the transcript of the voir dire proceeding in order to avoid the need to request the redaction of the personal information of jurors. 

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Sean O'Shea has more than 15 years of experience in the litigation support field with major law firms in New York and San Francisco.   He is an ACEDS Certified eDiscovery Specialist and a Relativity Certified Administrator.

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