Checking a quote
Court transcripts: who can get them and when
Short answer
- US federal PACER restriction
- 90 days after filing 1
- US notice of intent to redact
- Within 7 business days of filing 1
- England and Wales form
- EX107 2
- Australia Federal Court practice note
- GPN-ACCS, 10 February 2023 3
- US Supreme Court
- Argument transcripts posted the same day 4
US federal trial and bankruptcy courts
The Judicial Conference adopted a policy on the electronic availability of transcripts in September 2007, as described by the US Bankruptcy Court for the District of North Dakota 1. During a 90-day restriction period, outside users cannot view the transcript on PACER 1. The transcript can be reviewed at the clerk's office, and copies can be bought from the transcriber 1.
Parties file a notice of intent to request redaction within 7 business days of the transcript's filing. The statement of redactions is due within 21 calendar days, subject to any extension 1. After 90 days the transcript becomes available on PACER 1.
US Supreme Court
Argument transcripts are posted on the Court's website on the same day an argument is heard. The Court says these same-day transcripts are official but subject to final review 4. Transcripts from before October Term 2000 were scanned from the Court's library collection 4.
England and Wales
Hearings in the Crown Court, civil courts and family courts are always recorded. Magistrates' court hearings are never recorded, and tribunals vary 2. Applicants send form EX107 to the court or tribunal, and the fee depends on the transcript's length and other factors 2.
The court can refuse all or part of a transcript, for example where details are confidential 2. Free sentencing remarks are available to some victims and bereaved families, with a response within 20 working days 2.
Australia, Federal Court
Under the Access to Documents and Transcripts Practice Note of 10 February 2023, a party or non-party, including the media, may buy all or part of a transcript 3. Purchase is barred where the Court has ordered confidentiality or restricted access, or where the transcript may not be published without leave 3.
Requests go on the approved form and the buyer pays the charge set by the Authorised Transcript Provider 3. Copyright belongs to the Commonwealth of Australia, and transcripts may not be passed to other recipients, subject to the Rules and any order 3.
India, Supreme Court
On 22 February 2023, the Supreme Court of India published on its website a transcript of the previous day's Constitution Bench arguments, made with artificial intelligence on an experimental basis, as reported by Padmakshi Sharma for LiveLaw 5. The same report says the draft was manually vetted and shared with lawyers before publication 5.
Side by side
The IFCN Code asks fact-checkers to use primary sources 6. For a courtroom quote, the transcript is that primary source, once it can be obtained 6,3.
| Court | Who can get it | Main limit |
|---|---|---|
| US federal district and bankruptcy courts | Public on PACER after 90 days 1 | Redaction of personal data identifiers 1 |
| US Supreme Court | Public on the Court website 4 | Same-day text subject to final review 4 |
| England and Wales | Applicants on form EX107, for recorded hearings 2 | Court may refuse confidential parts 2 |
| Federal Court of Australia | Parties and non-parties, including media 3 | No purchase where access is restricted 3 |
Common questions
Why can't I see a federal court transcript on PACER?
Transcripts are restricted on PACER for 90 days after filing to allow redaction 1.
Can a journalist buy a Federal Court of Australia transcript?
Yes. The practice note says a non-party, including the media, may buy a transcript where access is not restricted 3.
Are magistrates' court hearings in England recorded?
No. GOV.UK says magistrates' court hearings are never recorded 2.
When are US Supreme Court argument transcripts posted?
The same day the argument is heard 4.
Rules and charges change. Check the official source linked on this page before you pay or travel. Spotted an error? Email hello@saidincontext.com.
Sources
- U.S. Bankruptcy Court for the District of North Dakota: Overview of Transcript Procedure
- GOV.UK: Apply for a transcript of a court or tribunal hearing
- Federal Court of Australia: Access to Documents and Transcripts Practice Note (GPN-ACCS) (10 February 2023)
- Supreme Court of the United States: Argument Transcripts
- LiveLaw: In A Historic First, Supreme Court Officially Publishes Transcript Of Arguments, by Padmakshi Sharma (22 February 2023)
- International Fact-Checking Network: The commitments of the Code of Principles
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