Chester Cnty. C.P. Court of Common Pleas Rules of Judicial Administration 3

all exhibits subject to Pa.R.J.A. 5103(c)(3)

(relating to non-documentary exhibits that are bulky, oversized, or physically impractical

for a court staff – custodian to maintain) that the Clerk of Courts directs the proponent to

maintain and secure.

(B) After Criminal and Juvenile Delinquency Court Proceedings.

(1) Custodians. Immediately upon conclusion of a court proceeding:

(a) The Clerk of Courts and Commonwealth shall retain all exhibits of which it took

custody during the court proceeding pursuant to paragraph (A)(1).

The Clerk of Courts office described herein is the same office described in Pa.R.J.A.5101(a) as “clerk of

court” and 42 Pa.C.S. § 2754 as “clerk of the courts”.

“Electronic Devices” are any devices that store electronic data, including cell phones, computers,

watches, electronic tablets, and USB drives.

(b) The Clerk of Courts and Commonwealth shall develop and implement internal

operating procedures to ensure that:

(i) all exhibits are secured and maintained in a manner that protects them from

loss, damage, degradation, and contamination; and

(ii) the chain of custody is fully documented and remains unbroken.

(iii) When the Commonwealth serves as the custodian of an exhibit pursuant to

this paragraph, the appropriate law enforcement agency designated to take

such custody shall secure and safely maintain it at all times.

(c) The Clerk of Courts and Commonwealth shall comply with the requirements of all

applicable record retention schedules (the “schedules”), including, without limitation,

the County Records Act, 16 P.S. §§ 13001 et seq., and Pa.R.J.A. 507. The time

periods prescribed by the schedules shall be deemed minimum terms for the retention

of exhibits. Generally, the Clerk of Courts and Commonwealth shall retain custody of

exhibits until the subject defendant/adjudicated juvenile has completed his or her

sentence and all possible appeals have been exhausted. The Clerk of Courts and any

party to a court proceeding may request the court to direct that any exhibit be retained

for a period longer than the minimum term prescribed herein and by the applicable

schedules.

(2) Index of Exhibits. The Clerk of Courts shall prepare a list of all exhibits that are accepted

or rejected from evidence during a court proceeding (the “Index”), including those

exhibits that remain in the custody of the proponent(s). For each exhibit listed, the Clerk

of Courts shall:

(a) identify the proponent and the exhibit number;

(b) describe or identify the exhibit;

(c) indicate whether the exhibit was admitted or rejected from evidence;

(d) indicate whether the exhibit is in the custody of the Commonwealth or another

proponent; and

(e) indicate whether the exhibit is a substitute exhibit.

(C) During Court Proceedings Involving Other Records Offices 3. During a court proceeding

involving other records offices, as well as during all such court proceeding breaks and

recesses:

(1) The subject records office shall serve as the custodian of:

(a) all documentary exhibits, photographs, and photographs of non-documentary

exhibits; and

(b) all exhibits subject to Pa.R.J.A. 5103(c)(3) (relating to non-documentary exhibits that

are bulky, oversized, or physically impractical for a court staff – custodian to

maintain) that the records office does not direct the proponent to maintain and secure.

(2) The court shall appoint an appropriate custodian designee of: all weapons, cash, other

items of value, drugs or other dangerous materials, electronic devices, contraband, and

hazardous materials, including, without limitation, guns, knives, explosives, controlled

substances, narcotics, intoxicants, currency, money, negotiable instruments, toxic

materials, and biohazardous materials. When the court appointed custodian designee

takes custody of an exhibit it shall secure and safely maintain it at all times.

(3) The proponent shall serve as the custodian of: all exhibits subject to Pa.R.J.A. 5103(c)(3)

(relating to non-documentary exhibits that are bulky, oversized, or physically impractical

for a court staff – custodian to maintain) that the records office directs the proponent to

maintain and secure.

(D) After Court Proceedings Involving Other Records Offices.

(1) Custodians. Immediately upon conclusion of a court proceeding:

(a) The records office and any court appointed custodian designee shall retain all

exhibits of which it took custody during the court proceeding pursuant to paragraph

(C)(1).

(b) The records offices and any court appointed custodian designee taking custody of

exhibits during/after court proceedings shall develop and implement internal

operating procedures to ensure that:

“Records Office” is defined in Pa.R.J.A. 5101, and the comments thereto, as including the clerk of

courts, prothonotary and clerk of the orphans’ court. This paragraph (C), and the following paragraph (D),

pertain to the prothonotary and clerk of the orphans’ court. The following sections, C.C.R.J.A. Rule 5103

and C.C.R.J.A. Rule 5105, pertain to all three of these records offices.

i. all exhibits are secured and maintained in a manner that protects them from

loss, damage, degradation, and contamination; and

ii. the chain of custody is fully documented and remains unbroken.

(c) Those records offices and any court appointed custodian designees taking custody of

exhibits after court proceedings shall comply with the requirements of all applicable

record retention schedules (the “schedules”), including, without limitation, the County

Records Act, 16 P.S. §§ 13001 et seq., and Pa.R.J.A. 507. The time periods prescribed

by the schedules shall be deemed minimum terms for the retention of exhibits.

Generally, the records offices shall retain custody of exhibits until all possible appeals

have been exhausted. The records office and any party to a court proceeding may

request the court to direct that any exhibit be retained for a period longer than the

minimum term prescribed herein and by the applicable schedules.

(2) Index of Exhibits. Any records office taking custody of exhibits during or after a court

proceeding shall prepare a list of all exhibits that are accepted or rejected from evidence

during the court proceeding (the “Index”), including those exhibits that remain in the

custody of the proponent(s). For each exhibit listed, the records office shall:

(a) identify the proponent and the exhibit number;

(b) describe or identify the exhibit;

(c) indicate whether the exhibit was admitted or rejected from evidence;

(d) indicate whether the exhibit is in the custody of the court appointed designee or a

proponent; and

(e) indicate whether the exhibit is a substitute exhibit.

C.C.R.J.A. Rule 5103. Custody of Exhibits. Special Provisions.

(A) Documentary Exhibits.

(1) Whenever a proponent offers into evidence an exhibit such as a letter, report, drawing,

map, photograph, or other document that is larger in size than 8½ x 11 inches, the

proponent shall contemporaneously provide to the appropriate records office a copy of

the document (said copy approved by the parties or the court) reduced to 8½ x 11 inches

(or smaller). The smaller-sized document, of which the records office shall assume

custody, shall be entered into the record as the substitute exhibit (“substitute exhibit”) in

lieu of the oversized original. The proponent shall retain custody of the oversized

original.

(2) If exigent circumstances prevent the proponent from providing the smaller-sized

document to the records office at the same time the proponent offers the oversized

original into evidence, then the proponent shall file the smaller-sized document copy

(said copy approved by the parties or the court) as the substitute exhibit with the records

office not later than five (5) business days after the court proceeding has concluded.

(B) Photographs.

(1) Whenever a proponent offers into evidence a photograph that is larger in size than 8½ x

11 inches, the proponent shall contemporaneously provide to the records office a copy of

the photograph (said copy approved by the parties or the court) reduced to 8½ x 11 inches

(or smaller). The smaller-sized photograph, of which the records office shall assume

custody, shall be entered into the record as the substitute exhibit in lieu of the oversized

original. The proponent shall retain custody of the oversized original.

(2) If exigent circumstances prevent the proponent from providing the smaller-sized

photograph to the records office at the same time the proponent offers the oversized

original into evidence, then the proponent shall file the smaller-sized photograph copy

(said copy approved by the parties or the court) as the substitute exhibit with the records

office not later than five (5) business days after the court proceeding has concluded.

(C) Non-documentary Exhibits: Generally.

(1) Whenever a proponent offers into evidence a non-documentary exhibit, the proponent

shall contemporaneously provide to the records office a photograph (said photograph

approved by the parties or the court) of the exhibit (no larger in size than 8½ x 11 inches).

The photograph, of which the records office shall assume custody, shall be entered into

the record as the substitute exhibit in lieu of the original non-documentary exhibit. The

proponent shall retain custody of the original non-documentary original exhibit.

(2) If exigent circumstances prevent the proponent from providing the photograph to the

records office at the same time the proponent offers the original exhibit into evidence,

then the proponent shall file the photograph (said photograph approved by the parties or

the court) with the records office not later than five (5) business days after the court

proceeding has concluded.

(D) Method of Filing. Whenever the permissible substitute exhibit for an original exhibit

identified in paragraph (A)(1), (B)(1), or (C)(1) was not provided to the records office during

a court proceeding, the proponent shall hand-deliver the substitute exhibit to the records

office within the timeframes set forth in paragraphs (A)(2), (B)(2), and (C)(2). In no event

shall the substitute exhibit be filed with the records office electronically or by mail.

(E) Relief. If a proponent does not timely file a permissible substitute exhibit for an original

exhibit in accordance with C.C.R.J.A. Rule 5103(D), the records office and any party may

seek appropriate relief from the court.

C.C.R.J.A. Rule 5105. Access and Inspection of Exhibits by the Public, Court Staff, and

Appellate Courts.

(A) Public Access and Inspection. Upon request pursuant to Section 4.0 of the Case Records

Public Access Policy of the Unified Judicial System of Pennsylvania (the “Public Access

Policy”), the applicable custodian shall make an exhibit available to any member of the

public for inspection, provided that the exhibit is not:

(1) subject to the confidentiality provisions of the Public Access Policy;

(2) sealed pursuant to court order, whether during or after a court proceeding; or

(3) otherwise exempted from public access pursuant to federal law, state law, or state

court rule.

The applicable custodian’s response to any request for public access and inspection shall

comport with Section 5.0 of the Public Access Policy.

(B) Access and Inspection by Court Staff. Notwithstanding the provisions of paragraph (A),

any member of court staff acting in his/her official capacity (“court staff”) may access and

inspect any non-sealed exhibit necessary to perform his/her official duties; provided,

however, that no exhibit shall be released into the temporary custody of court staff absent a

court order containing the applicable case caption, the number(s) of the exhibit(s) to be

released, and a date certain by which court staff must return the exhibit(s) to the applicable

custodian. If court staff does not return the exhibit(s) to the applicable custodian on or before

the date certain specified in the order, the custodian may seek appropriate relief from the

court.

(C) Transmission of Exhibits for Purposes of Appeal. After an appeal has been filed, the

subject records office having custody of exhibits after court proceedings shall transmit

exhibits to an appellate court as provided in Pa.R.A.P. 1931(c); provided, however, that no

exhibit sealed in the court of common pleas shall be transmitted unless the court, a party or

the prothonotary of the appellate court directs the records office to do so. Any such exhibit

sealed in the court of common pleas shall remain under seal when transmitted to the appellate

court.