Washington Cnty. C.P. Admin Order - Adoption of Local Rules of Judicial Adminis...

IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLANIA

CIVIL DIVISION

IN RE )

)

ADOPTION OF LOCAL RULES OF ) No. 2024-1

JUDICIAL ADMINISTRATION )

L-5101, L-5102, L-5103, L-5104, and )

L-5105 )

ADMINISTRATIVE ORDER

AND NOW, this ¢

=P day of March, 2023, in accordance with the directives

contained in Pennsylvania Rules of Judicial Administration 5101, e¢ seq., and in order to effectuate

the purposes thereof, it is hereby ORDERED, ADJUDGED, and DECREED that Washington

County Local Rules of Judicial Administration L-5101, L-5102, L-5103, L-5104, and L-5105 are

adopted as follows

RULE L-5101. Custody of Exhibits. Exclusion of Certain Proceedings

For purposes of the local rules governing custody of exhibits, record hearings that may be

appealed de novo to the court of common pleas or upon which exceptions or objections may be

filed, including, but not limited to, proceedings before conference officers or hearing officers in

custody, delinquency, dependency, divorce, and support matters are excluded from compliance

RULE L-5102. General Provisions.

(a) During all court proceedings a member of court staff shall be designated as the

custodian. The custodian is responsible for securing and maintaining documentary and

photographic exhibits throughout the court proceeding

(1) The custodian should not be a court reporter but another member of court staff.

In proceedings before a common pleas judge, the custodian shall be a member of the judge’s

chambers staff.

(2) Non-documentary exhibits shall be secured and maintained by the proponent,

unless otherwise ordered by the Court

(b) The member of court staff designated as the custodian shall maintain create an index

of all exhibits offered as evidence. The index shall set forth the name and docket number of the

case, the number or letter of the exhibit, the proponing party, whether the exhibit was admitted or

denied, and a description of the exhibit

(1) A copy of the index shall be filed with the records office. The records office

shall docket and accept the index for filing. The docket description shall be in a manner as directed

by the Court, or its designee, and must include a location describing where the exhibit(s) are being

stored. Long-term storage of exhibits shall be in a location under the control and supervision of

the Court

(2) Following the conclusion of court proceedings, the proponent shall maintain

non-documentary exhibits as set forth in Rule L-5103, unless otherwise ordered by the Court

(3) If exhibits are transferred from the possession of the Court to a proponent, the

Court shall enter an order reflecting the transfer. The order shall be docketed at the number for

the applicable case

(c) A proponent that is responsible for possession and maintenance of an exhibit shall

secure such exhibit for a minimum of the following time periods

(1) Civil matters. A period of thirty (30) days after the conclusion of the case and

the expiration of the appeal period; or final disposition of an appeal if one is

taken

(2) Criminal matters

(i) Homicides. A period of seventy-five (75) years

(ii) Summary cases. A period of five (5) years

(iii) All other cases. A period of twenty (20) years

(3) Juvenile matters. Until the juvenile reaches age twenty-five (25) or ten (10)

years after the last action on the case, whichever is later

(4) Orphans’ Court matters. Not less than the timeframes set forth in the County

Records Manual pertaining to the “Office of the Register of Wills and Clerk

of the Orphans’ Court.”

RULE L-5103. Special Provisions

(a) Documentary exhibits may not be submitted in a size larger than 8.5 by 11 inches. Any

document larger than those dimensions shall be considered a non-documentary exhibit

(b) Any photograph entered into the record may not be in a size larger than 8.5 by 11

inches. An oversized photograph may be used for demonstrative purposes if permitted by the

Court

(c) If a proponent offers into evidence a non-documentary exhibit, the proponent shall

provide a photograph of the exhibit that does not exceed a size of 8.5 by 11 inches

(d) If a proponent intends to offer a weapon, contraband, or hazardous materials into

evidence, the proponent shall provide reasonable notice to the Court prior to the court proceeding

(e) An exhibit in a digital media format may only be offered with prior permission of the

Court. Nothing in this rule shall prohibit the Court from ordering that a proponent provides an

exhibit, or a copy or photograph of same, in a digital media format in lieu of a physical exhibit

The use of any digital media must be in a format that is acceptable to the Court. A proponent

should never assume that their chosen technology will be acceptable or its use permitted;

arrangements for the use of digital media should be made well in advance of the court proceeding

(f) Duplicates of any exhibit may be entered into the record with permission of the Court

The duplicate must be clear, legible, and in a format approved by the Court

RULE L-5104. Case Management System

(a) The Court may require the use of C-Track case management system for the submission

and/or storage of documentary and photographic exhibits and digital media

(b) The use of the C-Track case management system by a record office for the submission

and/or storage of such exhibits and media shall be in a form and manner directed by the Court, or

its designee

(c) Nothing shall prohibit the Court, or its staff, from filing the index of exhibits and/or

the exhibits directly into the C-Track case management system

RULE L-5105. Confidentiality. Exhibits Under Seal

(a) Exhibits that contain confidential information or are a confidential document as defined

in the Case Records Public Access Policy of the Unified Judicial System shall be affixed with the

appropriate form required by the Policy

(b) Exhibits that contain confidential information or are filed under seal shall not be

accessible by the public

(c) To the extent any confidential and/or sealed exhibit is filed within the C-Track case

management system, the records office shall mark the docket and maintain the exhibit in a manner

prescribed by the Court, or its designee

The aforementioned local rules of judicial administration shall be effective and enforceable

following publication in the Pennsylvania Bulletin pursuant to Pa. R. J. A. 103(c)(5). The District

Court Administrator is directed to

1. File copies of this Administrative Order and the adopted local rules with the Legislative

Reference Bureau for publication in the Pennsylvania Bulletin;

2. File one (1) electronic copy of this Administrative Order and the adopted local rules with

the Administrative Office of Pennsylvania Courts

3. Arrange for the publication of the local rules on the website for the Twenty-seventh Judicial

District, www.washingtoncourts.us, within thirty (30) days of the effective date; and

4. Cause a copy hereof to be published in the Washington County Reports once a week for

two (2) successive weeks at the expense of the County of Washington

BY THE COURT

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Gary Gilman, Presidént Judge