HABEAS CORPUS PETITIONS AND PRISONER CIVIL RIGHTS

U.S. District Court for the District of Utah

Rule Set: Local Rules of the U.S. District Court for the District of Utah

Rule: 5-4

Jurisdiction: DUT

Bluebook Citation: D. Utah L.R. 5-4

All Rules: D. Utah Local Rules, complete index


Text

COMPLAINTS

Forms. Unless represented by counsel, an incarcerated party must use forms that are substantially the same as those forms available from the Clerk of Court when filing: (1) (2) (3) habeas corpus petitions under 28 U.S.C. §§ 2254 or 2255; complaints under 42 U.S.C. §§ 1983 or 1985; or complaints under any other civil-rights statute, if a form is available. Answers. The responding party need not answer a petition for writ of habeas corpus filed under 28 U.S.C. §§ 2254 or 2255 until the court notifies the parties that an answer is required.

Local Rules of Civil Practice - District of Utah Eff. December 2025 17 DUCivR 5.2-1 REDACTION OF PERSONAL IDENTIFIERS AND PROTECTED INFORMATION Redacting Personal Identifiers in Court Filings. A party must redact the personal identifiers listed in Fed. R. Civ. P. 5.2 in every court filing. Redaction of Protected Information.

(1) A protective order entered under Fed. R. Civ. P. 26(c) may include a redaction requirement for public filings. (2) The court may, on its own or on a party’s motion, order redaction of protected information in public court filings. When a party requests redaction of protected information, they must proceed under DUCivR 7-1. Reviewing Transcripts to Redact Personal Identifiers.

(1) Within 14 days after receiving notice that a court reporter has filed an original transcript, a party must review the following transcript sections for personal identifiers: (A) (B) (C) (D) opening and closing statements made on the party’s behalf; statements of the party; the testimony of any witnesses called by the party; and any other portion of the transcript if ordered by the court. (2) If no redactions are necessary, no action is needed, and the transcript will be electronically available on PACER 90 days after a court reporter files the original transcript. Procedure for Redacting Transcripts. If redaction is required: (1) within 21 days after receiving notice that a transcript has been filed, a party must file a Notice of Intent to Request Redaction; Local Rules of Civil Practice - District of Utah Eff.

December 2025 18 (2) within 42 days after receiving notice that a transcript has been filed, a party must file a Redaction Request, specifically identifying the page and line number and the specific redaction requested; and (3) within 63 days after filing the transcript, a court reporter must make the requested redactions and file the redacted transcript.

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