Berks Cnty. C.P. Judicial Rules Rule 510

Pursuant to Sections 7 and 8 of the Public Access Policy of the Unified Judicial System of

Pennsylvania: Case Records of the Appellate and Trial Courts, persons who file documents that

contain personal information as defined by the Policy shall file a Confidential Information Form

along with the redacted copy of the document and persons who file confidential documents as

defined by the Policy shall file a Confidential Document Form along with the unredacted

document. Parties are expressly prohibited from filing a redacted and an unredacted version of

any document. The policy and forms are available on the Administrative Office of Pennsylvania

Courts website www.pacourts.us as well as on the Berks County Court website

www.co.berks.pa.us.

TERMINATION OF CASES

Rule 1900 Discontinuance and/or Settlement of Active Cases.

Release of Property from Lien

Except as otherwise provided by Pennsylvania Rules of Civil Procedure, a civil action shall be

discontinued, ended or settled or property released from any lien by the claimant, counterclaimant or

party possessing a lien by filing a praecipe with the prothonotary providing for such disposition. A copy

of the praecipe shall be served upon opposing counsel and/or unrepresented parties. Proof of service shall

be filed by verified statement, as verified is defined in Pa.R.C.P. 76.

Rule 1901 Termination of Inactive cases

(a) This Local Rule shall apply to all civil and family cases regardless of the nature or extent

of the relief sought.

(b) The Prothonotary may initiate proceedings to terminate a case in which there has been no

activity of record for two years or more by serving a notice of proposed dismissal of court

case.

(c) The Prothonotary shall serve the notice on counsel of record and on the parties if not

represented, at least sixty days prior to the date of the proposed termination. The notice

shall contain the date of the proposed termination and the procedure to avoid termination.

The notice shall be served by mail pursuant to Rule 440 or by electronic transmission

pursuant to Rule 205.4(g). If the mailed notice is returned, the notice shall be served by

advertising it in the Reading Eagle newspaper.

(d) The notice required by subdivision (c) shall be in substantially the following form:

(Caption)

Notice of Proposed Termination of Court Case

The Court intends to terminate this case without further notice because the docket shows no activity

in the case for at least two years. You may stop the court from terminating the case by filing a Statement

of Intention to Proceed. The Statement of Intention to Proceed should be filed with Prothonotary of the

Court at Berks County Prothonotary, 2nd Floor Courthouse, 633 Court Street, Reading, PA 19601 on or

before _________.

IF YOU FAIL TO FILE THE REQUIRED STATEMENT OF INTENTION TO PROCEED, THE CASE

WILL BE TERMINATED.

BY THE COURT:

______________________ ___________________________

Date of this Notice Prothonotary

(e) The Statement of Intention to Proceed shall be in the following form:

(Caption)

Statement of Intention to Proceed

TO THE COURT:

_____________________________________ intends to proceed with the above captioned matter.

Date: _____________ Attorney for ______________________________

(f) If no statement of intention to proceed has been filed in the required time period, the

Prothonotary shall mark the matter as terminated with prejudice for failure to prosecute.

(g) If an action has been terminated pursuant to this rule, an aggrieved party may petition the

court to reinstate the action. All matters so terminated may not be reinstated except with leave of Court,

for cause shown.

(h) Following the filing of a Statement of Intention to Proceed, the Court shall schedule a

hearing in the subject case to show cause why the case should not be terminated for inactivity.

Rule 1901.1 Termination of Inactive Criminal Cases

In Court of Common Pleas

(a) All criminal cases which remain open on the dockets of the clerk of courts, and in which there is

reflected no activity for a period of at least two (2) years prior thereto, shall be listed by the clerk

of courts for the next available criminal argument court after notice of termination is given as

provided below. Such officer shall give notice of the listing of said case in criminal cases to the

district attorney, other attorneys of record for either the prosecution or the defendant and the

defendant as provided by Pa. R.J.A 1901(c) (1) and (2) at least sixty (60) days prior to the

argument court date listing; that said case shall be terminated if no petition is filed by any party in

interest conforming to Pa. R.C.P. , setting forth reasons why said case should not be terminated. If

no petition contra termination is filed at least six (6) days prior to the argument court date to which

the case has been listed, the clerk of courts shall strike the matter from the list and enter an order,

as of course, terminating the case. If a petition is filed contra termination, it shall have endorsed

thereon a notice to plead thereto within twenty (20) days of the date of service of the petition.

Proofs of service on all those upon whom service of the petition is required shall be filed in the

office of the clerk of courts. Thereupon, the matter shall proceed in accordance with Pa. R.C.P. .

If, thereafter, the matter is not listed for an argument court occurring within six (6) months of the

criminal argument court date to which the case was initially listed, the clerk of courts shall enter

an order, as of course, terminating the case.

(b) Termination of a case under this Rule shall bar any further action thereon, except by order of the

court only after written petition on proper cause shown.

(c) Termination of any case pursuant to this Rule shall have no effect upon the liability of the parties

for payment of costs unless otherwise ordered by the court.

Rule 1901.2 Termination of Inactive Civil Cases

Before District Justices

(a) The docket of civil actions at law filed in the office of a magisterial district judge of

Berks County shall be examined by March 1 of each year by the respective magisterial district judge

having custody of such docket; and with respect to those actions that have not been reduced to judgment

or final order and for which there is no activity reflected on the docket within two (2) years prior to March

1 of the year of examination, the respective magisterial district judge shall, by the succeeding May 1,

notify in writing counsel of record and parties without counsel, at his/her last known address by first class

mail, that if no appropriate legal steps are taken to bring the matter to conclusion, or no written objections

to termination setting forth the reasons therefor are filed within sixty (60) days after the mailing of such

notice, the action will be automatically terminated as of course and without further notice, and thereafter

no proceedings may be had on such matters. The prospective magisterial district judge shall note on the

docket the dates and the names and addresses of persons given such notice by mail.

(b) If no appropriate legal steps are taken for bringing such action to conclusion, or no

written objection to termination setting forth the reasons therefor are filed prior to sixty (60) days after the

mailing of such notice, the respective magisterial district judge shall make an entry on the respective

docket, “Action is terminated with prejudice under Pa. R.J.A. 1901.”

(c) If written objections to termination are filed under this Rule, such written objections shall

be considered as being the nature of a rule issued as of course against all opposing parties to show case

why the action should not remain active. Upon the filing of such written objections, the respective

magisterial district judge shall schedule the matter for hearing, to be held not less than forty-five (45) days

nor more than sixty (60) days after such filing, shall give at least forty-five (45) days written notice

thereof, along with a copy of said written objections, by regular mail to counsel of record and parties

without counsel, and shall note on the docket the date of filing such objections, and the date, names and

addresses of persons given notice and copy of objections by mail. Upon hearing held, the magisterial

district judge shall determine whether or not the objections are well founded, and shall enter on the

respective docket that the action remain open for a period of time determined by the district justice in his

discretion, but not to exceed one (1) year or that the “Action is terminated with prejudice under Pa. R.J.A.

1901.”

(d) If the magisterial district judge is unable to give notice under subsections (a) or (c)

hereof, along with copy of objections if applicable, in that the same has been mailed and returned

undelivered, the magisterial district judge shall, not less than forty-five (45) days nor more than sixty (60)

days after deposit of the same in the United States mail, certify the caption and docket number of such

action to the court administrator of Berks County setting forth that notice could not be given with respect

to proceedings for termination of an action or that a copy of objections could not be served and notice of

hearing hereon could not be given, or combination thereof as the case may be. Publication of notice

thereof, which may be a consolidated publication referring to one or more actions before one or more

magisterial district judges, shall thereupon be made by the court administrator at the expense of the

County of Berks by advertisement one (1) time in the Berks County Law Journal and in a newspaper of

general circulation within the county stating the caption of the action, docket number, and name and

office address of the respective magisterial district judge. If the notice also pertains to objections filed, it

shall state, in addition to caption of the action and document number, that objections were filed and a

hearing will be held thereon before the respective magisterial district judge at his/her designated office at

a given time. Proof of publication thereof shall be filed with the respective magisterial district judge, who

shall thereafter proceed in the same manner as when notice was given by mail, except that any action

terminated shall be without prejudice, in which event the respective magisterial district judge shall make

an entry on the respective docket, “Action terminated under Pa. R.J.A. 1901,” and thereafter no

proceedings may be had on such matter except by order of the Berks County Court of Common Pleas

upon application and proper cause shown.

(e) If an action is terminated with prejudice in the manner hereinbefore provided, an

objecting party shall have the right to appeal to the Berks County Court of Common Pleas within the

same time and in the same manner as appeal is taken from a judgment entered in an action at law by a

magisterial district judge.

(f) Termination of any action pursuant to this Rule shall have no effect upon the liability of

the parties for payment of costs.

Rule 1901.3 Termination of Inactive Criminal and

Summary Cases Before District Justices

(a) All pending felony, misdemeanor and summary cases filed with a district justice for

which the docket discloses that there have been no steps or proceedings other than the filing of a not

found return on a warrant of arrest within two (2) years shall be ascertained by an examination of the

docket by the respective district justice by September 1 of each year. Said district justice shall thereupon,

by the succeeding December 1, notify in writing the district attorney in court cases involving felonies and

misdemeanors, and shall notify in writing the defendant, prosecutor-complainant, private prosecuting

attorney, and defense counsel of record in all felony, misdemeanor and summary cases, at his last known

address by first class mail, setting forth the caption of the case and that if no appropriate legal steps are

taken for prosecuting the case to conclusion, or no written objections to termination setting forth the

reasons therefore are filed within sixty (60) days after the mailing of such notice, the case will be ordered

terminated, as of course, without further notice, and thereafter no proceeding may be had on such matters

except upon order of the Berks County Court of Common Pleas, upon proper cause shown. The

respective district justice shall note on the docket the date and names and addresses of persons given such

notice by mail.

(b) If no appropriate legal steps are taken for prosecuting such case to conclusion, or no

written objections to termination setting forth the reasons therefor are filed prior to sixty (60) days after

the mailing of such notice, the respective district justice shall make an entry on the respective docket that,

“Case is terminated under Pa. R.J.A. 1901.”

(c) If written objections to termination are filed as provided under this Rule, the district

justice shall examine said objections, and if they set forth reasons satisfactory to the district justice why

no activity has appeared of record for the past two (2) years other than the filing of a not found return on a

warrant of arrest, the district justice shall enter an order on the respective docket that the case remain

open, upon such terms as may be deemed advisable. If such written objections to termination do not set

forth reasons prima facie satisfactory to the district justice, said written objections shall be considered as

being in the nature of a rule issued, as of course, against all opposing parties to show cause why the case

should not remain active, whereupon the district justice shall schedule the matter for hearing, to be held

not less than forty-five (45) days nor more than sixty (60) days after such filing, shall give at least forty-five (45) days written notice thereof, along with a copy of said written objections, by first class mail to all

parties previously notified as provided under subsection (1) hereof and shall note on the docket the date of

filing such objections and the date, names and addresses of persons given such notice, and copy of

objections by mail. Upon hearing held, the district justice shall determine whether or not the objections

are well founded and shall make an entry on the respective docket that the case remain open upon such

terms as may be deemed advisable or that, “Case is terminated under Pa. R.J.A. 1901.”

(d) If the district justice is unable to give notice under subsections (a) or (c) hereof, along

with copy of objections if applicable, in that the same has been mailed and returned undelivered, and the

case is not settled or the prosecution withdrawn in accordance with the Pennsylvania Rules of criminal

Procedure, the district justice shall, not less than forty-five (45) days nor more than sixty (60) days after

having deposited the notice, along with copy of objections if applicable, in the mail, certify the caption

and docket number of such case to the court administrator of Berks County, setting forth that notice could

not be given with respect to proceedings for termination of a case or that a copy of objections could not be

served, and notice of hearing thereon could not be given, or combination thereof as the case may be.

Publication of notice thereof, which may be a consolidated publication referring to one or more actions

before one or more district justices, shall thereupon be made by the court administrator at the expense of

the County of Berks by advertisement one (1) time in the Berks County Law Journal and in a newspaper

of general circulation within the county. If the notice pertains to proceedings for termination of a case, it

shall state the caption of the case, docket number, and name and office address of the respective district

justice. If the notice also pertains to objections filed, it shall state, in addition to the caption of the case

and docket number, that objections were filed and a hearing will be held thereon before the respective

district justice at his designated office at a given time. Proof of publication thereof shall be filed with the

respective district justice, who shall thereafter proceed in the same manner as when notice was given by

mail.

(e) Termination of any case pursuant to this Rule shall have no effect upon the liability of the

parties for payment of costs.

TRANSCRIPTS

No. 4002.- Definitions

“Clerk” as used in the rules shall mean the prothonotary, where the records of the proceedings involved

are filed with the prothonotary, and the clerk of courts, where the records of the proceeding involved are

filed with said clerk.

“Rough Draft Transcript” as used in these rules shall mean an uncertified and unedited transcription of the

proceedings, including the testimony of witnesses, that is presented in its initial form that may contain

untranslated or mistranslated stenotype symbols which will need to be revised before it is finished and

certified. A “Rough Draft Transcript” request is only available during the instant proceedings and may be

used by counsel solely for the purposes of preparation for hearings and/or trials and may not be used for

any evidentiary purpose whatsoever in a hearing and/or trial nor may it be read or displayed to a jury or

other factfinder.

No. 4007.1 – Requests for Transcripts

(A) Obtain a Transcript Request Form from any courtroom, from Court Administration, from the

Official Court Reporters’ Office, or online at www.co.berks.pa.us.

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

proceeding shall file the original Transcript Request Form with the appropriate filing office of the court.

The requesting party shall also serve copies of the request to the judge presiding over the matter, the court

reporter, the district court administrator, and opposing counsel, but if not represented, the opposing party.

(C) Where daily, expedited, same day, or rough draft transcripts are requested, requests for these

transcripts shall be filed in writing in the appropriate filing office at least 10 days prior to the proceeding.

Copies of the written request shall be delivered as required by Subsection (B). In the event of an

emergency, a party may request by oral motion a daily, expedited, or rough draft transcript.

(D)(1) When a litigant requests a transcript, the litigant ordering a transcript shall make payment

in the amount of one-half payment to the appropriate filing office of the court;

(2) Upon authorization by the court, the court reporter shall prepare the transcript;

(3) Upon completion of the transcript, the court reporter shall notify the ordering party of the

completion of the transcript with a notice of the balance due and lodge and file the original and

one (1) copy of the transcript (if a copy was requested) to the appropriate filing office and a copy

to the presiding judge.

(4) Upon payment of any balance due and owing by the ordering party, the appropriate filing

office shall deliver the copy of the transcript to the ordering party. Checks for the final balance

due shall be delivered to and made payable to the appropriate filing office.

(E) When a litigant requests a transcript but cannot pay for the transcript because of alleged

economic hardship, the court shall determine economic hardship pursuant to the procedure set

forth in Rule 4008.2.

(F) When a transcript is requested for which the court or county is responsible for the cost, the

court reporter shall prepare the transcript without the necessity of a deposit.

No. 4008.1 - Transcript Costs Payable by a Requesting Party Other Than the

Commonwealth or a Subdivision Thereof

(A) Where a person or entity other than the Commonwealth or a subdivision thereof has requested an

ordinary original transcript:

(1) Any person or entity who obtains a Transcript Request Form shall pay to the

appropriate filing office one-half the estimated cost for the transcript calculated at the

rate of $2.75 for each page of bound ordinary original transcript and $0.75 for each

page of copy to the requestor in bound paper format or $0.50 for each page of copy to

the requestor in electronic format and shall pay the balance upon completion of the

transcript. The court reporter shall not be required to start the transcription until such

one-half advance payment has been made.

(2) Upon completion of the transcript, the court reporter shall file the ordinary original

transcript with the filing office along with a notice of the balance due to the person or

entity who obtained the Transcript Request Form. Checks for the final balance due shall

be made payable to the filing office and shall be delivered to the filing office.

(3) Where any person or entity other than the Commonwealth or a political subdivision

thereof requests a copy of the transcript previously ordered, transcribed, and filed of

record, such person or entity must complete a Request for Copy of Transcript form and

may purchase the same by paying the filing office $0.75 for each page of bound paper

format. Where any person or entity other than the Commonwealth or a political

subdivision thereof requests a copy of the transcript in electronic format (if available),

such person or entity must complete a Request for Copy of Transcript form and may

purchase the same by paying the filing office $0.50 for each page of transcript.

(4) Where the Commonwealth or any political subdivision requests a copy of the

transcript, the court reporter shall provide the Commonwealth or any political

subdivision thereof with a copy without charge.

(5) Where a litigant requests a copy of the transcript and has been approved for

representation by a legal aid service, the court reporter shall provide the legal aid client

with a copy without charge

(B) The filing office shall pay the monies received for original transcript and for copies to the county

promptly. The county shall thereupon pay therefrom:

(a) to the court reporter, the sum of $2.75 for each page of bound ordinary original

transcript;

(b) to the court reporter, the sum of $.0.75 for each page of copy in bound paper format

or $0.50 for each page of copy in electronic format;

(c) to the court reporter, the sum of $2.50 for each page of copy of rough draft

transcript;

(d) to the court reporter, the sum of $3.75 for each page of bound original expedited

transcript;

(e) to the court reporter, the sum of $4.75 for each page of bound original daily

transcript;

(f) to the court reporter, the sum of $6.75 for each page of bound original same-day

delivery transcript.

Rule 4008.2 – Economic hardship – minimum standards

(A) Transcript costs for ordinary original transcripts in matters under appeal or where the

transcript is necessary to advance the litigation shall be waived for a litigant who has been

permitted by the court to proceed in forma pauperis or whose income is less than 125 percent of

the poverty line as defined by the U.S. Department of Health and Human Services (HHS)

poverty guidelines for the current year.

(B) Transcript costs for ordinary original transcripts in matters under appeal or where the

transcript is necessary to advance the litigation shall be reduced by one-half for a litigant whose

income is less than 200 percent of the poverty line as defined by the HHS poverty guidelines for

the current year.

(C) Transcript costs for ordinary original transcripts in matters that are not subject to an

appeal, where the transcript is not necessary to advance the litigation, may be waived at the

court’s discretion for parties who qualify for economic hardship under (A) or (B) and upon good

cause shown.

(D) The application to waive all or a portion of costs for ordinary transcripts shall be

supported by an affidavit substantially in the form required by Rule 240(h) of the Pennsylvania

Rules of Civil Procedure.

No. 4008.3 - Transcript Costs Payable by the Commonwealth (including the County of

Berks) or a Subdivision Thereof

(A) Where the Commonwealth or a subdivision thereof is liable for the cost of an

ordinary original transcript:

(1) Upon receipt of the Transcript Request Form, the court reporter shall

immediately begin the transcription of his or her notes as directed by the Transcript Request

Form without the necessity of a deposit.

(2) Upon completion of the transcript, the court reporter shall lodge and file the ordinary

original transcript and shall deliver one (1) complete copy to each of the following:

(a) to the District Attorney of Berks County if said District Attorney of

Berks County is a party to the action or is representing the Commonwealth in said action;

(b) to the County Solicitor of Berks County if the County Solicitor is a

party to the action or is representing the County in said action;

(c) to any party proceeding in forma pauperis;

(d) to any person or entity, including but not limited to the Commonwealth

or any of its political subdivisions.

(B) Upon completion of the transcript, the County of Berks shall pay to the court

reporter the sum of $2.25 for each page of ordinary original transcript.

(C) Any judge of the Court of Common Pleas, the District Attorney, and the County

Solicitor shall each be entitled to request an ordinary original transcript in any proceeding upon

request without charge. In such case, the County of Berks shall be liable for the cost of

preparing the ordinary original transcript whenever no other person or entity is otherwise liable

for the cost therefor and shall pay to the court reporter the sum of $2.25 for each page of ordinary

original transcript.

Nothing in this rule shall authorize delivery of an ordinary original transcript, or a copy

thereof, in a proceeding where the record is sealed to any person or entity not otherwise entitled

to the same.

No.- 4008.4. Additional Costs

(A) In cases such as mass tort, medical malpractice, or other unusually complex litigation where there

is a need for court reporters to significantly expand their dictionary, a trial judge may impose a

surcharge of $0.50 per page for ordinary original transcript.

(B) In cases of a non-technical nature where a secure electronic feed is requested to instantaneously

deliver the translated notes from the court reporter to a laptop or other portable electronic device

via cable, WiFi, router, or Bluetooth to the parties, a fee of $3.50 per page per hookup shall be

charged. There shall be no charge to the court for such a connection.

(C) In cases such as mass tort, medical malpractice, or other unusually complex litigation where a

secure electronic feed is requested to instantaneously deliver the translated notes from the court

reporter to a laptop or other electronic device via cable, WiFi, router, or Bluetooth to the parties, a

fee of $4.00 per page shall be charged. There shall be no charge to the court for such a

connection.

(D) In cases where a rough draft transcript is requested by the court and/or the parties of all or part of

a proceeding while utilizing a secure electronic feed, a fee of $2.50 per page of rough draft shall

be charged.

Rule 4009.1 – Fees and Procedures

(A) All transcripts of official court proceedings shall be prepared only upon written authorization

or order of Court. No transcript of any official court proceeding may be prepared without the written

consent of the Common Pleas Court judge assigned to the respective case. In the event that the assigned

judge cannot be contacted by all exhaustive means, the authorization must be made by the respective

Administrative Judge or the President Judge of the Court of Common Pleas.

(B) The following are step-by-step guidelines for ordering transcripts from the Official Court

Reporters of the Court of Common Pleas of Berks County, Pennsylvania:

(a) Obtain a Transcript Request Form from any courtroom, from Court Administration,

from the Official Court Reporters’ Office, or online at www.co.berks.pa.us;

(b) Contact the official court reporter that was present at the proceeding that you desire

to have transcribed and request the amount of the estimated cost of one-half payment of the transcript. If

you don’t know the name or contact number of the official court reporter, contact the chief court reporter

at 610-478-6467;

(c) Fill out the Transcript Request Form Sections I, II, III, and IV. Sign and date the

Transcript Request Form. YOU MUST MAKE ADDITIONAL COPIES OF THE TRANSCRIPT

REQUEST FORM FOR DISTRIBUTION;

(d) Take the unauthorized Transcript Request Form and all copies along with a check

payable to the appropriate office (not the official court reporter) in the amount of the estimated cost of

one-half payment of transcript to one of the following offices: Criminal to the Clerk of Courts,

Civil/Family/Equity to the Prothonotary, Orphans’ Court to the Register of Wills. NEITHER THE

CLERK OF COURTS’ OFFICE, THE PROTHONOTARY’S OFFICE, NOR THE REGISTER OF

WILLS’ OFFICE WILL ACCEPT THE TRANSCRIPT REQUEST FORM IF THE APPROPRIATE

PAYMENT IS NOT INCLUDED AT THE TIME OF FILING;

(e) The Clerk of Courts’ Office, Prothonotary’s Office, and the Register of Wills’ Office

will forward the unauthorized Transcript Request Form to the appropriate Court of Common Pleas judge

for authorization and signature and will make the appropriate distribution of the copies of the Transcript

Request Form.

Rule 4010.1 – Format of Transcript

(A) All paper transcripts except orders dictated from the bench are prepared as follows:

(1) No fewer than 25 typed lines on standard 8½” x 11” paper;

(2) No fewer than nine or ten characters to the typed inch;

(3) Left-hand margin to be set at no more than 1¾”;

(4) Right-hand margin to be set at no more than 3/8”’

(5) Each question and answer to begin on a separate line;

(6) Each question and answer to begin no more than five spaces from the left-hand

margin with no more than five spaces from the Q and A to the text;

(7) Carry-over Q and A lines to begin at the left-hand margin;

(8) Colloquy material to begin no more than 15 spaces from the left-hand margin, with

carry-over colloquy to the left-hand margin;

(9) Quoted material to begin no more than 15 spaces from the left-hand margin, with

carry-over lines to begin no more than 10 spaces from the left-hand margin;

(10) Parentheticals and exhibit markings to begin no more than 15 spaces from the left-hand margin, with carry-over lines to begin no more than 15 spaces from the left-hand margin.

(B) Electronic transcripts shall comply with the format standards set forth in Rule 4010(A)(3)

through (10) for paper transcripts and, in addition, shall be in PDF format with the following settings:

(1) functions disabled: content changes; and

(2) functions enabled: search, select, copy, paste, and print.

Rule 4011.1 – Deadline for Delivery of Transcript

(A) Unless otherwise ordered by the court, the official court reporter shall deliver the transcript

for those cases under appeal within 14 days of receiving notice from the District Court Administrator or

the court’s designee as required by Pa.R.A.P. 1922(a).

(B) Unless otherwise ordered by the court, the official court reporter shall deliver transcripts for

all other requests within thirty (30) calendar days of receiving notice from the District Court

Administrator or the court’s designee.

(C) For requests made by a party required to post a deposit under Rule 4009.1(B)(d), the 14-day

period for those cases under appeal or the 30-day period for delivery of the transcript shall not commence

until the deposit is received by the court. In those cases involving economic hardship, the 14-day period

for those cases under appeal or the 30-day period for delivery of the transcript shall not commence until

disposition of the application for waiver or reduction of costs. In cases where a reduction of costs is

granted, the time frame commences once the reduced deposit is received by the court.

(D) The court reporter, upon showing of good cause to the president judge, may request an

extension of the deadline for a period of time not to exceed an additional 30 days. In no case shall more

than one extension be granted.

(E) Transcripts prepared pursuant to the Children’s Fast Track Appeal program shall be given

priority.

(F) Requests for transcripts unrelated to cases under appeal or in cases where no court order has

been entered directing transcription shall not be given priority. However, such transcripts shall be filed

and delivered within 45 days, absent an extension for good cause approved by the president judge.

CUSTODY OF EXHIBITS IN COURT PROCEEDINGS

Rule 5101. Custody of Exhibits. Exclusion of Certain Proceedings

For purposes of the local rules governing custody of exhibits, the following hearings are

excluded: proceedings before conference officers or hearing officers in custody, delinquency,

dependency, and support matters with the exception of divorce master hearings.

Rule 5102. Custody of Exhibits. General Provisions

(A) During Court Proceedings. Any documentary exhibits and photographs of non-documentary exhibits offered into evidence in a case will be placed in the custody of the

assigned court reporter as custodian during the court proceeding, including breaks and

recesses.

(B) After Court Proceedings. No later than five business days after the end of the court

proceeding, the Evidence/Exhibit Storage Technician, as custodian, shall take custody of

all documentary exhibits and photographs of non-documentary exhibits.

1. Evidence/Exhibit Storage Technician as custodian: Evidence/Exhibit Storage

Technician shall:

i. retain or take custody of all documentary exhibits, photographs, and

photographs of non-documentary exhibits accepted or rejected during

the court proceeding; and

ii. file an Index of Exhibits with the corresponding Records office, as defined

by Pa. R.J.A. 5101(a)(7), no later than five business days after the

conclusion of the Court Proceeding pursuant to Pa. R.J.A. 5104(a)(2)

2. Index of Exhibits. The assigned court reporter as custodian shall include a

numbered list of exhibits, and for each exhibit identify the proponent, whether the

exhibit was admitted or rejected from evidence, and a textual description or

identification of the exhibit, which shall accompany the exhibits and be given to

the Evidence/Exhibit Storage Technician.

3. Confidential Information Form. In all Court Proceedings, the Proponent shall

include a properly completed Confidential Information Form or Confidential

Document Form for any exhibit offered into evidence that contains confidential

information or confidential documents as defined in the Case Records Public

Access Policy of the Unified Judicial System of Pennsylvania. These forms shall

be given by the Proponent to the assigned court reporter maintaining the Index of

Exhibits at the time evidence is introduced.

Rule 5103. Custody of Exhibits. Special Provisions.

(A) Documentary Exhibits

1. If a proponent offers into evidence an exhibit such as a letter, report, drawing,

map, photograph, or other document that is larger in size than 8-1/2 x 11 inches,

the proponent shall ensure that a copy of the document reduced to 8-1/2 x 11

inches (or smaller) is entered into the record. Items larger than 8-1/2 x 11 inches

may be used for illustration during court proceedings.

2. A proponent who provides a reduced copy of an oversized exhibit shall ensure

that the reproduced document is clear and capable of further reproduction or

transfer to digital media in a format acceptable to the Court.

3. If a proponent offers into evidence a deposition of a witness via digital media, the

digital media shall be a format acceptable to the Court and shall be marked as an

exhibit. The submission of the same must be accompanied by a transcript of the

deposition which shall also be marked as an exhibit.

4. Documentary exhibits, photographs, and photographs of non-documentary

exhibits entered into the record are subject to existing record retention schedules.

(B) Non-documentary Exhibits: Generally.

1. If a proponent offers into evidence a non-documentary exhibit, the proponent

shall ensure that a photograph (no larger in size than 8-1/2 x 11 inches) of the

exhibit is entered into the record in lieu of the non-documentary exhibit.

2. The proponent shall retain custody of physical evidence (including, but not

limited to weapons, cash, other items of value, drugs, or other dangerous

materials as determined by the presiding judge) and bulky, oversized, or

otherwise physically impractical exhibits at all times during and after a court

proceeding.

3. During a Court Proceeding, the proponent shall exercise all appropriate

safeguards necessary to protect the public based on the nature of the exhibit.

4. Non-documentary exhibits may only be disposed of or destroyed by an Order of

Court.

LIBRARY

No. 6000 Law Library

The Berks County Law Library Resource Room is an electronic and on-line based platform. A

computer is provided with access to WESTLAW for research for the Bench, Bar, and public.

Self help links and instructions are provided. The Resource Room is not staffed and cannot

provide legal assistance.