D. Mont. L.R. 1.3

(a) Proceedings and Records Open to Public.

(1) All courtroom proceedings are open to the public unless the presiding

judge closes the courtroom for reasons stated on the record. All

persons must conduct themselves with respect for others and must rise

when the judge enters and leaves the courtroom.

(2) All documents and items in the record of a case are available to public

access unless access is limited or prohibited by federal law, federal or

local rule, or by an order, issued on motion or sua sponte, stating the

reasons for sealing.

(3) Standing orders and local rules are available on the court’s website,

http://www.mtd.uscourts.gov.

(b) Records of the Court.

(1) Fees. The Judicial Conference of the United States establishes fees

for records or services provided by the clerk of court. The current fee

schedule is available on the court’s website.

(2) Case Files. Unless access is restricted or case files have been

archived, documents and items filed in the record may be viewed at no

cost at the clerk’s office. Where feasible, copies may also be obtained

for a fee. The electronic record is available to remote access for a fee.

Archived documents may be ordered for a fee from NARA.

(3) Verbatim Record. The court will take the record by either stenotype

reporting or electronic sound recording. The clerk may provide

electronic sound recordings of hearings not attended by a court

reporter. An electronic sound recording is not an official record of the

court.

(4) Transcripts.

(A) Official Record. Only certified transcripts filed by the

individual designated to produce the record are official records

of the court.

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D.Mont L.R. 1.3 Access to Court Proceedings and Records

(B) Obtaining Transcripts. Policies regarding compensation to

court reporters and the availability of transcripts, as well as

forms for requesting transcripts, may be found on the court’s

website, or by contacting the clerk’s office.

(C) Realtime. Attorneys of record may order and receive Realtime

transcription of court proceedings from Realtime certified court

reporters. A Realtime unedited transcript may only be

distributed to ordering parties, their co-counsel, experts, and

staff. It is not to be made available to the public, including news

organizations or other nonparticipants, and it may not be cited

or used in the manner of a certified transcript. Realtime

transcription may not be available in all proceedings.

(D) Filing. Parties shall not file or attach a transcript or transcript

excerpt of a court proceeding in the public docket during the

90-day transcript restriction period. If reference to a transcript is

necessary, parties shall refer to the docket entry containing the

official transcript. The Clerk’s Office shall seal any transcripts

which do not comply with this rule.

(5) Stricken Documents. A stricken document remains in the public

record if originally filed there, unless the presiding judge orders it

sealed to protect privacy or security interests. A stricken document

remains under seal if it was sealed when stricken.

(c) Broadcasting Prohibited. Inside the courthouses of this District,

broadcasting is prohibited, regardless of technology or medium. District and

magistrate judges presiding over civil cases, may however, provide the public with

live audio access to non-trial proceedings that do not involve witness testimony.

(d) Cameras and Personal Electronic Devices.

(1) General Rule.

(A) Personal electronic devices, including but not limited to tablets,

cameras, phones, and laptop computers are permitted in the

courthouses of this District. Such devices may be used in a non-disruptive manner in public spaces including hallways, lobbies,

and attorney conference rooms.

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D.Mont L.R. 1.3 Access to Court Proceedings and Records

(B) Upon entry to a courthouse and upon demand, all such devices

are subject to security screening and may be subject to

confiscation and inspection at any time to determine whether

there has been a violation of this Local Rule.

(2) Prohibited Uses.

(A) Photography, videorecording, audio recording, broadcasting,

and transmission of court proceedings and courthouse spaces

is strictly prohibited unless specifically allowed by written

order or permission of the District executive/clerk of court.

(B) Cameras, such as on mobile devices, may be brought into the

courthouse but may not be used to take photographs or any

recordings in the courtrooms or other public spaces of the

building.

(C) The foregoing prohibitions do not apply to naturalization

ceremonies or investiture ceremonies. By written order, a

judge may lift the foregoing prohibitions for other ceremonial

occasions.

(3) Courtrooms.

(A) Visitors to the courthouse including but not limited to

prospective jurors, members of the media, and represented

parties must turn off all electronic devices before entering a

courtroom and may not use electronic devices in a courtroom

without the permission of the presiding judge. The presiding

judge may set further restrictions on jurors’ use of electronic

devices during jury service.

(B) Counsel may use electronic devices in the courtroom while at

counsel table for approved purposes unless prohibited by the

presiding judge, provided the devices emit no sound while in

use, and the devices are not used for photography, video

recording, or audio recording.

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D.Mont L.R. 1.3 Access to Court Proceedings and Records

(4) Rule Violations.

Any violation of any portion of this rule may result in confiscation of

the device, removal of the violator from building, and/or the

imposition of contempt sanctions against the violator individually

and, if the violator is attending in the capacity of an employee or

agent, against the employer or principal.