Adams Cnty. C.P. Rules of Judicial Administration 11

where Pennsylvania statutory law permits the recording of executive or

legislative branch proceedings conducted in offices or conference rooms other

than courtrooms. Where such exception applies, the electronic device shall only

be activated upon entry into the room in which the proceeding is occurring and

shall be deactivated and have the power switch “off” before reentry into the

other environs of a judicial facility.

D. Penalties.

1. Any violation of this rule may result in a finding of contempt and imposition of

any other sanction authorized by law. Additionally, a violation of 18 Pa. C.S.A. §

5103.1 will result in criminal prosecution. The prohibitions set forth in this rule

are in addition to all federal, state, and county laws and policies and any rule

adopted by the Supreme Court including procedural rules.

2. Any person who violates this rule shall immediately surrender the electronic

device to the Adams County Security Department, the Adams County Sheriff’s

Department, or Court designee for the remainder of their visit. Additionally, the

Security Department and/or the Sheriff’s Department is authorized to seize from

any person any electronic equipment or device used in violation of this rule as

necessary for the preservation of evidence in a subsequent contempt/criminal

proceeding.

E. The exceptions set forth in this section do not authorize the use or operation of an

electronic device to capture, record, transmit, or broadcast a photograph, video, motion

picture, or audio of a proceeding or person within a judicial facility or its environs. The

exceptions set forth in this section do not shield a person from prosecution under 18 Pa.

C.S.A. § 5103.1 for actions in violation of the statutory provision unless authorized by

the presiding Judge.

Rule 1911. Sound System in Courtroom.

Unless directed otherwise by the presiding judge or presiding magisterial district judge during a

proceeding, the management of a sound system in a courtroom, including the ability to control

power to microphones, shall only be performed by the presiding judge or magisterial district

judge, a tipstaff, personal staff of the presiding judge or magisterial district judge, or authorized

court administration staff. Under no circumstances shall attorneys, agencies representatives,

parties to a proceeding, or any other person touch the sound system, turn off or otherwise

adjust a live microphone on the bench, an attorney table, a podium used to address the Court

or a witness box. The only exception to this Rule shall be when an attorney, agency

representative or party to a proceeding needs to temporarily mute a microphone to speak off

the record, which said microphone shall be immediately unmuted once back on the record.

Uniform Rules Governing Court Reporting and Transcripts

Rule 4007. Request for Transcripts.

(a) All requests for transcripts shall be set forth on a standardized form approved by the

Administrative Office of Pennsylvania Courts and provided by the 51st Judicial District

and available at the office of District Court Administrator of Adams County and the

Adams County website. The form shall indicate the current rates authorized to be

charged for transcripts under these rules. Requestors may also use the standardized

form as created by the District Court Administrator of Pennsylvania.

(b) For an ordinary transcript, the party requesting a full or partial transcript of a trial or

other proceeding shall file the original request with the appropriate filing office (Clerk of

Courts, Prothonotary, Orphans Court, or Domestic Relations Office) in which the

litigation is pending. The requesting party shall also serve copies of the formal request

to:

(1) the Judge presiding over the matter,

(2) the Court Reporter, Recorder, or Transcriptionist assigned to the proceeding,

(3) the District Court Administrator, and

(4) opposing counsel or party if the party is unrepresented.

(c) Where daily, expedited, or same day transcripts are requested, request for those

transcripts shall be filed in writing in the appropriate filing office at least ten (10) days

prior to the proceeding with copies of the request delivered as required by paragraph

(b). Where justice requires and ten (10) days prior notice cannot reasonably be

provided, requests for daily, expedited, or same day transcripts shall be made by oral

motion to the presiding Judge.

(d) Following receipt of a request for transcript, the presiding Judge shall forthwith produce

an order:

(1) setting forth the amount of the deposit which shall be 75 percent of the

anticipated total cost of the transcript and directing the transcript to be

prepared upon payment of the deposit;

(2) setting a reduced payment rate and directing the transcript to be prepared upon

payment of the reduced rate; or

(3) approving or denying an economic hardship exemption and, where applicable,

directing preparation of the transcript.

(e) Upon receipt of the court order referenced in subparagraph (d) above, the filing office

shall make service of the same on the requestor. If deposit or reduced payment is

required, the payment shall be paid to the filing office prior to commencement of

transcript preparation. Upon receipt of the payment, the filing office shall promptly

advise Court Administration of the same who thereafter shall direct the Court Reporter

to prepare the transcript.

(f) A request for a copy of any transcript previously ordered, transcribed, and filed of

record shall comply with Adams R.J.A. 4007(a). After the Court has set the amount to be

paid, and upon satisfaction of any financial obligation related to the request, the Court

Reporter shall provide a copy to the requesting party.

Rule 4008. Transcript Costs.

(a) Costs payable by a requesting party other than the Commonwealth or subdivision

thereof to produce an Original transcript shall be:

(1) for an ordinary transcript, $2.50 per page,

(2) for an expedited transcript, $3.50 per page,

(3) for a daily transcript, $4.50 per page, and

(4) for same day delivery, $6.50 per page.

(b) Costs payable by the Commonwealth or subdivision thereof to produce an Original

transcript shall be:

(1) for an ordinary transcript, $1.55 per page,

(2) for an expedited transcript, $1.75 per page,

(3) for a daily transcript, $2.00 per page, and

(4) for same day delivery, $4.00 per page.

(c) Regardless of whether the request is made by a party or the Commonwealth or

subdivision thereof, in order to obtain a copy of the Original transcript, costs payable by

the requesting party shall be 50 cents per page for an electronic copy and/or 75 cents

per page for a bound, paper copy in addition to any cost incurred for the production of

the original.

(d) Economic hardship.

(1) A party seeking consideration of an economic hardship related to obtaining a

transcript may petition the Court in utilizing the in forma pauperis self‐help

packet available at the Adams County Law Library or online at

www.adamscountypa.gov. In order for a party to be considered for economic

hardship, the in forma pauperis self-help packet must be fully completed and

verified.

(2) A transcript requested by Legal Aid Services must include with the request for

transcript a letter of certification verifying that the client meets financial

eligibility and the matter is under appeal or the transcript being requested is

necessary to advance the current litigation.

(e) Except as otherwise set forth in this rule, no filing fee shall be assessed to a litigant filing

a request for transcript.

Rule 4009. Fees.

(a) Fees for all transcripts shall be payable by check, money order, or credit card as required

by the respective filing office.

(b) All revenue received related to the production of transcripts or copies thereof, unless

required to be held in escrow pursuant to these rules, shall be transferred to the Adams

County general fund coded to the Courts’ charges for services revenue line.

Rule 4011. Delivery of Transcript.

(a) The Court Reporter shall notify the requesting party and the District Court Administrator

or designee upon completion of the transcript and shall indicate the balance to be paid

at the respective filing office.

(b) The District Court Administrator or designee shall notify the filing office of the balance

owed.

(c) Upon completion of the transcript, the Court Reporter shall file it of record and the

deposit paid, if any, shall be applied to the cost of production of the original.

(1) No copy of a transcript shall be provided to any party unless an original

transcript has been filed of record and the cost of the copy being sought, if any,

has been paid.

(2) If a Judge requires a transcript that has not been filed of record, regardless if

there are any current requests for the transcript from any party, the requesting

Judge shall direct the Court Reporter to create and file the transcript of record

and, once filed, to produce a copy to the requesting Judge. Thereafter, any

further requests by any party shall be charged at the copy rate.

(d) Upon payment of the balance owed to the filing office, the filing office shall notify Court

Administration, and thereafter the Court Reporter shall deliver a copy to the requesting

party.

Custody of Exhibits in Court Proceedings

Rule 5102. Exhibits Generally

A. When the Clerk of Courts or Prothonotary is serving the Court and present during a

judicial proceeding and an attorney or party needs to have an exhibit entered into

evidence:

1. The Clerk of Courts or Prothonotary shall be responsible for marking the

exhibit.

2. For criminal matters, the Clerk of Courts shall be responsible for maintaining

an exhibit sheet.

3. When the proceeding has adjourned, the Clerk of Courts or Prothonotary shall

be responsible for taking and maintaining possession of all exhibits that have

been admitted into evidence;

a. Placement of the document exhibits in the appropriate file;

b. If there are other physical exhibits (weapons, instruments of

crime/fraud, etc.), the Sheriff’s Office will provide the Clerk of Courts or

Prothonotary with an escort to the filing office.

4. Court Reporters shall be responsible for providing blank exhibit tags to the

Clerk of Courts or Prothonotary.

B. If neither the Clerk of Courts nor Prothonotary is serving the Court and present during

a judicial proceeding and an attorney or party needs to have an exhibit entered into

evidence:

1. The Court Reporter shall be responsible for marking exhibits;

2. For criminal matters, the Court Reporter shall be responsible for maintaining

an exhibit sheet to be filed with the Clerk of Courts.

3. When the proceeding for which neither the Clerk of Courts nor Prothonotary

were present has concluded for the day:

a. The Tipstaff in charge of the courtroom shall be responsible for:

i. Gathering all exhibits;

ii. For criminal matters, gathering the exhibit sheet from the Court

Reporter;

iii. If applicable, verifying that the exhibits match the items listed

on the sheet;

iv. Returning the exhibits and exhibit sheet, if applicable, to the

appropriate filing office, who shall verify receipt of all exhibits

upon acceptance.

b. The Sheriff in charge of the courtroom shall be responsible to escort

the Tipstaff to the filing office if there are other physical exhibits

(weapons, instruments of crime/fraud, illegal substances, etc.).

4. If the court proceeding ends for the day after the closing of a filing office, the

Chief Tipstaff or designee shall ensure the securing of all exhibits in a locked area

that is only accessible to the Chief Tipstaff or designee.

a. If the court proceeding resumes the next business day, the Chief

Tipstaff or designee shall return the exhibits to the courtroom unless

otherwise instructed by the presiding Judge.

b. If the court proceeding has concluded, the Chief Tipstaff or designee

shall return the exhibits to the appropriate filing office at the beginning of

the next business day, to be escorted by the Sheriff’s Office if there are

other physical exhibits (weapons, instruments of crime/fraud, illegal

substances, etc.).

C. In the event the Court takes a matter under advisement and needs to maintain the

exhibits, the Tipstaff in charge of the courtroom shall:

1. Gather the exhibits;

2. For criminal matters, gather the exhibit sheet from the Court Reporter;

3. Secure the exhibits in a locked area that is only accessible to the Chief Tipstaff

or designee and to allow them to be removed when the presiding Judge requests

to examine them, and to re-secure them when the presiding Judge is no longer

needs them;

4. When instructed by the presiding Judge, return the exhibits to the appropriate

filing office, to be escorted by the Sheriff’s Office if there are other physical

exhibits (weapons, instruments of crime/fraud, illegal substances, etc.).

D. The handling of exhibits as described in this Rule only applies to exhibits that have

been admitted by the Court. Any exhibits introduced but not admitted by the Court shall

be the responsibility of the party that introduced the exhibit.

Rule 5103. Civil Trial Exhibits.

A. After trial, exhibits admitted into evidence shall be retained by the Prothonotary until

it is determined whether an appeal has been taken from a final judgment. If an appeal

has been taken, the exhibits shall be retained by the Prothonotary until disposition of

the appeal.

B. Within sixty (60) days after the final disposition of all appeals or the date when no

further appeal may be taken under the Pennsylvania Rules of Appellate Procedure, the

party who offered the exhibits may reclaim them from the Prothonotary. Any exhibits

not so reclaimed may be destroyed or otherwise disposed of by the Prothonotary after

thirty (30) days written notice by regular mail to the attorney or party who offered the

exhibit.

C. Notwithstanding the above, any person who has a possessory or legal interest in any

exhibit which has been introduced into evidence may file a claim for such exhibit within

thirty (30) days after trial. The presiding judge shall determine the validity of such claim

and determine the manner and timing of disposition.

[Pa.B. Doc. No. 24-976. Filed for public inspection July 12, 2024, 9:00 a.m.] [Replacement of

entire set of Rules]

{Current as of August 12, 2024}