Parenthetical

[Kyung]

What parenthetical do you use when the courtroom is cleared of one side so that some things can be discussed?

Also, they didn't say it was confidential, but since they cleared the courtroom, should I mark a section confidential?

Thanks,
Kyung

[Kyung]

No. The defendant wanted to get a different counsel. So the judge "asked" the Assistant US attorney to leave, and the only people left in the room were the defendant, the attorney, and people who were there to support the defendant.

[Kyung]

Yes. I agree with you. But they didn't say it was confidential, so I don't know if I should just do it or not. It's like redacting things. Even if someone's social security number and address is put on the record, we don't redact unless we get an official request to redact it.

[Anthony D. Frisolone]

First of all, the parenthetical:
(Whereupon, Mr. Smith [and his client] exited from the courtroom.)

That's how I've done it in the past. I've never had this situation in criminal cases, but I've had this in civil cases when the parties are negotiating a settlement.

As far as confidentiality, always remember to ask when it happens if this part should be ordered sealed by the Court or is it available to both sides. Otherwise, redact the portion of the transcript from where the parties left the courtroom and until they return to the courtroom. I know Case CATalyst has a redaction tool built in so that you don't have to put transcripts under separate seal anymore. Perhaps Eclipse has this feature, also.

[Kyung]

So months down the line, I get this attorney who wants the sections of the transcript where the attorney is out of the room.

My first instinct is what? How am I supposed to know when the attorney wandered in and out of the room. After my head stopped spinning and I pulled up the proceeding, I realized that the attorney had been asked to leave bec. the defendant was looking to get a new attorney.

I then checked with a federal reporter, and she told me that part was sealed and that the ATTORNEY needed an order to get it unsealed from the judge. Whew!! Dodged that bullet.

But seriously, the attorney should have known that it was sealed. Do you think he was just trying to pull a fast one? I haven't heard from him since. I'm hoping it will just all go away. :P