Cumberland Cnty. C.P. Local Rules of Court Rule 700

The sentence on a plea guilty or nolo contendere may be imposed by a judge other than the judge

who received the plea of guilty or nolo contendere. In such event, the defendant must have been so

notified at the time of entering the plea.

DELINQUENCY AND DEPENDENCY MATTERS

Rule 1205. Electronic Filing and Service of Juvenile Court Legal Papers

(a) The Cumberland County Clerk of Courts Office and the Administrative Office of Pennsylvania

Courts (AOPC) agreed upon an implementation plan for PACFile in Cumberland County for

certain Juvenile Court filings. Legal papers may be filed electronically using the PACFile

electronic filing system pursuant to Pa.R.J.P. 1205. Electronic filing is permissive and not

mandatory.

(b) As used in this rule, the following words shall have the following meanings:

(1) ''electronic filing,'' the electronic submission of legal papers by means other than

facsimile transmission and the acceptance of the document by the clerk of courts;

(2) ''filing party,'' an attorney or other person who files a legal paper by means of electronic

filing;

(3) ''legal paper,'' a pleading or other submission to the court, including motions, answers,

notices, or other documents, of which filing is required or permitted, including orders,

copies of exhibits, and attachments. The following documents are excluded from the

definition of ''legal paper'' and are therefore prohibited from being filed electronically:

(i) Submissions filed ex parte as authorized by law;

(ii) exhibits offered into evidence, whether or not admitted, in a court proceeding.

(iii) Notices of Appeal, which must be filed directly with the Clerk of Courts in physical

paper format.

(4) ''original document,'' a legal paper filed electronically shall be deemed the original

document, but copies of exhibits electronically filed do not constitute the original of the

exhibit for evidentiary purposes; and

(5) ''the system,'' the PACFile electronic filing system, developed and administered by the

Administrative Office of Pennsylvania Courts, is the exclusive system for electronic

filing.

(c) Attorneys or self-represented parties who file legal papers electronically must establish a

PACFile account using the Unified Judicial System of Pennsylvania Web Portal. Pursuant to

Pennsylvania Rule of Juvenile Court Procedure 1205(D)(2), the establishment of a PACFile

account constitutes consent to participate in electronic filing, including acceptance of service

electronically of any document filed using PACFile.

(d) All filings shall comply with the Case Records Public Access Policy of the Unified Judicial

System of Pennsylvania.

(e) Service of Legal Papers.

(1) Attorneys or self-represented parties who are unable or unwilling to participate in

electronic filing of documents are permitted to file and serve the legal papers in a

physical paper format and be served legal papers in a physical format which were

electronically filed. Attorneys or self-represented parties who file a proposed court order

electronically or in a physical paper format must include a complete distribution legend

listing the names and addresses of all parties required to be served with a paper copy.

(2) Service of legal papers on any attorney or party who has not established an account as

provided in subsection (c) of this rule shall be made in accordance with Pa.R.J.C.P.

1167(B) and 1345(B). This applies to the service of court orders which shall be served

by the Clerk of Courts. Orders in need of distribution to parties not automatically served

via PACFile must be filed with the Clerk of Courts office with a complete distribution

legend listing the names and addresses of all parties required to be served with a paper

copy.

RULES OF JUDICIAL ADMINISTRATION

CHAPTER I. TRANSCRIPTS

Rule 4002. Transcript Definitions

All terms in these rules shall have the same meaning as defined in Pa. R.J.A. No. 4002. As further

clarification:

(a) Commonwealth or subdivision thereof includes any Pennsylvania state, county, regional, or

municipal government entity, including any department, board, attorney, employee or agent

acting on behalf of that entity.

(b) Transcript includes any electronic or paper record, including orders, prepared by a court

reporter or court recorder of any proceeding presided over by a judge, a magisterial district

judge, or a hearing officer.

(c) All transcripts fall into one of two categories regarding need and purpose:

(1) an ordinary transcript is either:

(i) required by rule because notice of appeal has been filed; or

(ii) required by order or rule to advance litigation in a matter currently before the court.

(2) a non-ordinary transcript is any transcript requested or prepared for any reason other

than ordinary as defined in section (c)(1) above.

(d) The terms daily, expedited, rough draft and same-day delivery all refer to variations in the

delivery deadline and cost for non-ordinary transcripts.

Rule 4007. Requests for Transcripts

(a) All requests for new, previously untranscribed transcripts shall be submitted to the district court

administrator’s office, utilizing the FTR Justice Cloud platform, available through the Court

Website, which shall include all elements required in the form provided by the state court

administrator.

(b) The district court administrator shall also serve copies of the request to all participating parties

via electronic notice on the appropriate filing offices’ docketing system:

(1) the judge presiding over the matter;

(2) the court reporter, court recorder or transcriptionist; and

(3) opposing counsel, or if not represented, the opposing party.

(c) A request for daily, expedited, or same-day transcripts shall be filed in the district court

administrator’s office at least ten (10) days before the scheduled proceeding. Copies of the

request shall be provided as required in paragraph (b) above. In the event of an emergency, a

party may request by oral motion a daily, expedited, or same-day transcript. This request will

be accommodated upon approval of the trial judge and the court reporter or court recorder.

(1) Transcripts will not be prepared until a credit or debit card has been placed on file, a

deposit has been paid, or a fee waiver has been approved granted pursuant to

C.C.R.J.A 4008(b).If the party requesting a transcript provides a credit or debit card

through the request portal, a hold will be placed as a deposit. Upon completion of the

transcript, the credit or debit card on file will be charged and the district court

administrator shall deliver the original transcript to the appropriate filing office and

provide a copy to the requesting party.

(2) If the party requesting a transcript is unable to provide a credit or debit card, the district

court administrator’s office will issue an invoice via email within seven (7) business days

after the receipt of the transcript request.

(i) The invoice shall be for a non-refundable, partial payment of 90% of the

estimated transcript cost. This deposit shall be paid by cash, money order,

certified check, or law firm check made payable to Cumberland County, and shall

be delivered to the district court administrator’s office within seven (7) calendar

days from the date of the invoice.

(ii) Upon receipt of the deposit by the district court administrator’s office, the court

reporter, court recorder or transcriptionist shall commence production of the

requested transcript.

(iii) Upon completion of the transcript, the court reporter, court recorder or

transcriptionist shall deliver it to the district court administrator’s office. The

district court administrator’s office will then issue a final invoice to the requester.

(iv) Upon receipt of the final invoice, payment of the final balance shall be paid by

cash, money order, certified check, or law firm check made payable to

Cumberland County and shall be delivered to the district court administrator’s

office within seven (7) calendar days from the date of the invoice. Once full and

final payment is received, the district court administrator shall deliver the original

transcript to the appropriate filing office and provide a copy to the requesting

party.

Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a

Subdivision Thereof

(a) Costs:

(1) The costs payable by a requesting party, other than the Commonwealth or a subdivision

thereof, for a transcript in an electronic format shall be:

(i) for an ordinary transcript, $2.50 per page;

(ii) for an expedited transcript, $3.50 per page, expedited transcripts are only available if

the court reporter or court recorder is able to accommodate;

(iii) for a daily transcript, $4.50 per page, daily transcripts are only available if the court

reporter or court recorder is able to accommodate; and

(iv) for same day delivery, $6.50 per page, same delivery transcripts are only available if

the court reporter or court recorder is able to accommodate.

(2) When the transcript is prepared in bound paper format, the costs shall be in accordance

with paragraph (1) relating to electronic format plus a surcharge of $0.25 per page.

(b) Economic hardship – minimum standards:

(1) 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 Pa.R.C.P. Rule 240(h).

(2) Such application should be prepared in the form of a Petition to Waive All or a Portion of

the Transcript Costs and filed in the appropriate filing office.

(3) Any request for hardship reduction or waiver of costs for any ordinary transcript shall be

filed contemporaneously with the request for transcript.

(4) No reduction or waiver of costs shall be requested or granted for any non-ordinary

transcript unless the requesting party demonstrates reasonable need.

(5) Time frames for completion of requested transcripts will not commence until the waiver

has been approved. If waiver is denied, time frames will commence when the deposit is

paid.

(c) Copies of transcript:

A request for a copy of any transcript previously ordered, transcribed and filed of record shall

be provided by the appropriate filing office according to the following schedule:

(1) $0.50 per page bound, paper format, and,

(2) $0.50 per page electronic copy, not to exceed $50.00. An additional $20.00 fee may be

charged if the copy cannot be emailed directly and needs to be transferred to another

medium or multiple emails are required for file transfer.

(d) Additional Costs:

(1) A trial judge may impose a reasonable surcharge 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.

(2) Such surcharges are at the discretion of the trial judge.

Adopted November 22, 2023, effective January 1, 2024.

Amended November 18, 2024.

CHAPTER II. CUSTODY OF EXHIBITS

Rule 5102. General Provisions

(a) The court recorder or court reporter for all, or a portion, of a court proceeding shall be

designated as the “Custodian,” as defined by Pa. R.J.A. 5101(a)(2), for all documentary

exhibits, photographs, and photographs of non-documentary exhibits accepted or rejected

during the court proceeding submitted during that period.

(1) If only one custodian is involved with a proceeding, they shall file with the appropriate

records office all submitted exhibits and index of exhibits within 5 business days of the

conclusion of the proceeding.

(2) If multiple custodians are involved with a proceeding, the first custodian shall provide the

subsequent custodian (and so on, if more than two custodians) with the submitted exhibits

and index of exhibits. The custodian at the conclusion of the proceeding shall file with the

appropriate records office all submitted exhibits and index of exhibits within 5 business

days of the conclusion of the proceeding.

(3) If no court recorder or court reporter is present for a hearing where evidence is submitted,

the presiding judge or hearing officer shall designate someone as the custodian.

(b) The proponent of an exhibit at a hearing or trial shall provide the custodian with an index of their

proposed exhibit(s).

(1) The index shall include a numbered list of the exhibit(s), a textual description or

identification of each exhibit, and space to note whether each exhibit was admitted,

rejected, or not offered.

(2) Each exhibit shall be pre-marked as notated on the index.

Rule 5103. Custody of Exhibits. Special Provisions

(a) The proponent shall retain custody of physical evidence (including, but not limited to weapons,

cash, other items of value, drugs, or other dangerous materials) and bulky, oversized, or

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

(1) These non-documentary exhibits must be photographed by the proponent, converted to a

letter sized document, and appropriately marked and produced during the court

proceeding for inclusion in the documentary record.

(2) Unless otherwise provided by the presiding judge, at the conclusion of the court

proceeding, non-documentary evidence shall be returned to the proponent for

safekeeping as required by any applicable retention schedule, statute, rule, regulation, or

policy, or until further order of court.

(3) Unless otherwise ordered, the proponent or filing office shall maintain non-documentary

exhibits for a minimum of following time periods:

i. Non-criminal matters. Retain exhibits until the later of the expiration of the appeal

period or final disposition of the appeal if one is taken.

ii. Criminal matters:

(A) Homicides. Retain exhibits 75 years.

(B) Summary cases. Retain exhibits 5 years.

(C) Other cases. Retain exhibits 20 years.

(b) Any digital exhibit that cannot be printed (i.e., audio or video recording) shall be entered into the

record on a Universal Serial Bus (USB) flash drive (or other format if expressly approved by the

court). If one party has multiple digital exhibits, they may be submitted together on one USB

flash drive.

(c) Any exhibit containing confidential information or equivalent to any of the categories enumerated

in Pa. Access Policy § 8.0 shall include a Confidential Document Form so that the document can

be properly sealed by the record office.