It’s still almost as common as not for parties to ask the Court to redact confidential business information after the fact rather than at the time of the hearing or trial, despite a standing order in some EDTX courts requiring the latter. This is the latest order addressing that issue.
“The parties did not raise any confidentiality concerns regarding the selected quotes during the pretrial conference,” Judge Payne noted. “Further, the motion is made nearly a month after the hearing and nearly one month after the court reporter filed a notice indicating, “The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov.””
My bad – I thought that the motion was just in violation of the standing order. It was actually untimely even had it been for the privacy items in FRCP 5.2 for which the seven day period exists. Finding that the Defendants were thus untimely in raising their confidentiality concerns.
© 2019 Michael C. Smith. Use limited to individual subscribers. Further distribution prohibited.
This blog does not constitute legal advice. If you’d like to discuss a related legal matter, please contact Michael C. Smith via email or call 903-938-8900.