Lehigh Cnty. C.P. Rule 4009 - Fees and Procedures.

IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA

IN RE: Adoption of Local Rule of Judicial:

Administration 4009 – Court Reporting:

and Transcripts – Fees and Procedures:

ADMINISTRATIVE ORDER

AND NOW, this 6th day of January 2017, IT IS ORDERED THAT

Lehigh County Local Rule of Judicial Administration 4009 is hereby ADOPTED, effective 30 days

after publication in the Pennsylvania Bulletin.

IT IS FURTHER ORDERED THAT the Court Administrator of Lehigh County shall file: one

(1) certified copy of this Order and Lehigh County Rule of Judicial Administration 4009 with the

Administrative Office of Pennsylvania Courts; and two (2) certified copies with the Legislative

Reference Bureau for publication in the Pennsylvania Bulletin. This Local Rule shall also be

published on the Court’s website and incorporated into the complete set of Lehigh County Local

Rules.

By the Court:

__________________________________________

Edward D. Reibman, P.J.

Rule 4009. Court Reporting and Transcripts – Fees and Procedures.

(A) Procedures for requesting a transcript:

(1) All requests for transcripts shall be set forth on the standardized form, Request for

Transcript or Copy Form, available at

http://www.lccpa.org/forms/RequestforTranscript.pdf

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

or other court proceeding shall file the original Request for Transcript Form with

the appropriate filing office (i.e., Clerk of Judicial Records – Civil Division, Clerk

of Judicial Records – Criminal Division, Orphans’ Court, or the Domestic

Relations Section) based upon the specific case type. The requesting party shall

also serve copies of the Request for Transcript Form upon:

(a) the Judge presiding over the matter; and

(b) the Court Reporter

by delivering two (2) copies of the Request for Transcript Form to the Court

Administrator’s Office located in Room 614; and

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

(3) The Court Reporter shall prepare the transcript upon:

(a) the approval of the Presiding Judge; and

(b) payment of the deposit by the requesting party to the appropriate filing office

in accordance with the order of the Presiding Judge.

(4) The Court Reporter shall file the transcript and serve the requesting party with a

copy of the transcript upon payment of the balance owed by the requesting party

to the appropriate filing office in accordance with the order of the Presiding

Judge.

(5) If a party is requesting daily, expedited or same day transcripts, or provisions for

secure electronic feed, the request for such transcripts or service shall be filed

with the appropriate filing office at least ten (10) days prior to the scheduled

proceeding. Copies of the written request shall be delivered in accordance with

subsection (2). Such requests will be accommodated only upon approval of the

Presiding Judge and the Court Reporter.

(B) Economic hardship

(1) Pursuant to Pa.R.J.A. 4008(B), a request to waive or reduce transcript fees shall

be noted on the Request for Transcript Form and include a fully completed In

Forma Pauperis Petition pursuant to Pennsylvania Rule of Civil Procedure 240,

even if IFP status was previously granted on the case.

(2) Litigants who have been approved for representation by Legal Aid

Services are not required to further prove economic hardship pursuant to section

(B)(1) above; however, they must attach to their Request for Transcript Form a

letter of certification from Legal Aid Services that the litigant meets financial

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

is necessary to advance the current litigation.

(C) Fees – original transcript – requesting party

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

thereof, initially requesting the transcript in an electronic format shall be as

follows:

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

(b) for an expedited transcript, $3.50 per page, if the Court Reporter is able to

accommodate the request and the Presiding Judge approves; and

(c) for a daily transcript, $4.50 per page, if the Court Reporter is able to

accommodate the request and the Presiding Judge approves; and

(d) for same day delivery, $6.50 per page, if the Court Reporter is able to

accommodate the request and the Presiding Judge approves.

(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.

(D) Fees - copies of transcript

A request for a copy of any transcript, made prior to filing the transcript of record, in

excess of the copy provided for in section (A)(4) of this Rule, shall be provided

according to the following schedule:

(1) $0.75 per page paper format; and

(2) $0.50 per page electronic copy.

(E) Fees – copies of transcript - previously ordered, transcribed and filed of record

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

shall be provided according to the following schedule:

(1) $0.75 per page paper format; and

(2) $0.50 per page electronic copy.

(F) Fees - additional costs

The Presiding 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. Such surcharges are at the

discretion of the Presiding Judge.

(G) Fees – secure electronic feed

The Presiding Judge may impose a reasonable surcharge in cases involving a secure

electronic feed during the proceeding. Such surcharge is at the discretion of the Presiding

Judge.

(H) Payment of fees

All fees shall be made payable to the “County of Lehigh” and shall be delivered to the

appropriate filing office (i.e., Clerk of Judicial Records – Civil Division, Clerk of

Judicial Records – Criminal Division, Orphans’ Court, or the Domestic Relations

Section) based on the case type. No fees shall be paid directly to the Court Reporter or

Transcriptionist.

(I) Rule as exclusive method to obtain, reproduce, distribute, or copy transcript of portion

thereof

No person shall obtain, reproduce, distribute, or copy any transcript or portion thereof

except in accordance with this rule.