Wayne Cnty. C.P. Local Rules of Court Local Rule 208.3(a)

Except for motions made orally during a trial or hearing, all motions shall be written, shall contain a

caption setting forth the name of the court, the number of the action, nature of the proceeding, names of the

parties, and the name of counsel, or if no counsel of record, the name of the party making the motion. All

motions shall include a proposed Order.

All motions shall be filed in the Wayne County Prothonotary’s Office. Any motion which does not seek

scheduling of a Rule to Show Cause or Appointment of a Master shall be presented in Motions Court.

If the Motion, Petition or Application is of such nature that opposing parties have the right to be heard,

the moving party shall give each opposing party at least forty-eight (48) hours notice of the time when the

moving party will appear and present such motion, petition or application, unless the emergency nature of the

matter presents such notice. In that situation, the moving party shall give as much notice as is reasonably

possible.

LOCAL RULE 1012. Entry of Appearance. Withdrawal of Appearance. Notice.

1. Every attorney who has agreed to represent an individual pro bono in a matter pending before

this Court shall be permitted to withdraw his/her appearance in such matter before its

conclusion upon certification that s/he has completed all duties and respons ibilities incident to

her/his representation and fully complied with the terms of this Local Rule.

2. To make a limited appearance pursuant to this Local Rule, counsel must enter her/his

appearance on an approved Praecipe for Entry of Limited Appearance form, attached Exhibit A,

which confirms that the attorney is providing free legal service to the party, sets forth with

particularity those duties to be rendered for the party, and confirms counsel’s belief that the party

is unable to pay the costs of a lawyer, as provided by Pa.R.C.P. 240(d)(1).

3. If an attorney has agreed to represent an indigent client pro bono in a matter that has been

previously scheduled for a hearing or other court appearance at a time in conflict with the pro

bono attorney’s pre-existing obligations, the attorney may request a reasonable continuance to

allow said attorney to prepare for and participate in the hearing. Before making such request,

the pro bono attorney shall contact all parties and obtain from them their consent (or objection)

and a date or dates to which the matter may be rescheduled. In the absence of objection, the

request for continuance shall be granted without hearing or further Order of this Court; if there

is objection, counsel shall present a Motion to Continue in Motions Court.

4. In matters where the client will represent her/himself following pro bono counsel’s withdrawal,

counsel must use an approved Substitution of Appearance form, attached Exhibit B, to withdraw

her/his appearance, which shall include the certifications required by paragraph 1 of this Order

and a certificate of service that Notice of Withdrawal of Appearance has been delivered to the

client. In instances where pro bono counsel is being replaced by private counsel (pro bono or

otherwise), counsel should use standard entry and withdrawal forms.

5. In matters where the Rules of Civil Procedure require leave of Court to be obtained before

withdrawal may occur, counsel shall provide a Motion to Withdraw along with a proposed Rule

upon all parties to show cause why said withdrawal should not be permitte d. The Rule shall be

returnable with any answer in opposition to be filed within twenty (20) days. In the absence of

any timely-filed answer in opposition, counsel shall present a Rule Absolute granting the petition

as being uncontested and entering the w ithdrawal. In matters in which leave of Court is not

required by the Rules of Civil Procedure, withdrawal shall be effective upon the filing of the

Praecipe.

6. Except in such cases where said information has been deemed confidential, any entry of

appearance by a self-represented party shall set forth the current address and telephone number

of the formerly represented client.

7. This Order shall constitute leave of Court for the Prothonotary to enter the withdrawal of pro

bono counsel upon satisfaction of the above requirements.

Exhibit A

IN THE COURT OF COMMON PLEAS OF WAYNE COUNTY

COMMONWEALTH OF PENNSYLVANIA

22nd JUDICIAL DISTRICT

:

PLAINTIFF NAME:

Plaintiff:

:

v. : No. _____

:

DEFENDANT NAME:

Defendant:

:

PRAECIPE FOR ENTRY OF LIMITED APPEARANCE

TO THE PROTHONOTARY:

Kindly enter my limited appearance on behalf of _______________ , Plaintiff/Defendant in the

above matter. I hereby certify that I have accepted this representation as a pro bono volunteer attorney

through the Wayne County Bar Association Pro Bono Progra m. Pursuant to Pa. R.Civ. P. 240(d)(1), I

further certify that I believe the party is unable to pay the costs of this proceeding, including my fees.

My representation will end, by agreement with my client, upon ____[specify terms].

Upon completion of the above duties and consistent with the agreement, I may withdraw my appearance by

filing the Entry of Appearance of Withdrawal of Appearance form with the Prothonotary or, if Court approval is

required, by filing a Motion to Withdraw stating the reasons for withdrawal and attaching a proposed Order.

Upon filing my withdrawal or motion to withdraw as counsel, I shall provide a copy of the same to my client

and shall certify the address at which my client may receive additional notices after my withdrawal.

Respectfully submitted,

Date: _________________________________

Name

Attorney ID. No. ____

Address

Telephone Number.

Exhibit B

IN THE COURT OF COMMON PLEAS OF WAYNE COUNTY

COMMONWEALTH OF PENNSYLVANIA

22nd JUDICIAL DISTRICT

:

PLAINTIFF NAME:

Plaintiff:

:

v. : No. _____

:

DEFENDANT NAME:

Defendant:

:

ENTRY OF APPEARANCE OF SELF-REPRESENTED PARTY

I, ___________________________, [] Plaintiff []Defendant, will be representing myself in this lawsuit

from now on. Please WITHDRAW the appearance of my attorney, named below, as my attorney of record.

I understand that I am under a continuing obligation to provide current contact information to the court, to other

self-represented parties, and to attorneys of record. All pleadings and legal papers can be served on me at the

address listed below, which may or may not be my home address as allowed by court rule:

Print Name: ______________________________________________________

Address: ______________________________________________________

Telephone number: ___________________________

Dated:__________________________ Signed:____________________________________

WITHDRAWAL OF COUNSEL OF RECORD

Kindly WITHDRAW my appearance for the filing party. I hereby certify that I have completed all duties I agreed to perform

in my Pro Bono engagement for this client, and in the Limited Entry of Appearance I filed in this case. I also certify

that on behalf of the filing party, I am this day serving a true and correct copy of this document on all parties

(including the party named above) and/or their counsel of record, by first class mail, postage prepaid.

Date:

___________________________________

Counsel for the above filing party

Attorney ID No.

Address

Wayne County Local Rules of Judicial Administration

Rule 1000. Public Access— Confidential Information.

A. Pursuant to Section 7 of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records

of the Appellate and Trial Courts, the following information is confidential and shall be not included in any

document filed with a court or custodian, except on a Confidential Information Form filed contemporaneously with

the document:

1. Social Security Numbers;

2. Financial Account Numbers, except an active financial account number may be identified by the last

four digits when the financial account is the subject of the case and cannot otherwise be identified;

3. Driver's License Numbers;

4. State Identification (SID) Numbers;

5. Minors' names and dates of birth except when a minor is charged as a defendant in a criminal matter

(see 42 Pa.C.S. § 6355); and

6. Abuse victim's address and other contact information, including employer's name, address and work

schedule, in family court actions as defined by Pa.R.C.P. 1931(a), except for victim's name.

B. In order to comply with this Rule, all confidential information, as defined by Section A, shall be documented

on a Confidential Information Form. The form shall be available in each filing office as well as on the court website

at: www.waynecountypa.gov/court-of-common-pleas.

C. This section is not applicable to cases that are sealed or exempted from public access pursuant to applicable

authority, such as juvenile cases or adoptions.

D. Attorneys and self-represented parties shall be solely responsible for complying with the provisions of the

Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial

Courts and the applicable state and local rules and shall certify their compliance to the Court. This certification

shall accompany each filing and shall be substantially in the following form: ''I certify that this filing complies

with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records

of the Appellate and Trial Courts that require filing confidential information and documents differently than

non-confidential information and documents.''

E. The court or appropriate filing office is not required to review or redact any filed document for compliance

with the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate

and Trial Courts. A party’s or attorney’s failure to comply with this rule shall not affect access to case records

that are otherwise accessible.

F. If a filed document fails to comply with the requirements of this section, a court may, upon motion or its own

initiative, with or without a hearing, order the filed document sealed, redacted, amended, or any combination

thereof. A court may also impose appropriate sanctions for failing to comply with this section.

Rule 1001. Public Access— Confidential Documents.

A. Pursuant to Section 8 of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records

of the Appellate and Trial Courts, the following documents are confidential and shall be filed with the appropriate

filing office under a cover sheet designated “Confidential Document Form”:

1. Financial Source Documents;

2. Minors' educational records;

3. Medical/Psychological records;

4. Children and Youth Services' records;

5. Marital Property Inventory and Pre-Trial Statement as provided in Pa.R.C.P. 1920.33;

6. Income and Expense Statements as provided in Pa.R.C.P. 1910.27(c); and

7. Agreements between parties as used in 23 Pa.C.S. § 3105.

B. The Confidential Document Form shall be available in each filing office as well as on the court website at:

www.waynecountypa.gov/court-of-common-pleas. Confidential documents submitted with the Confidential

Document Form shall not be accessible to the public. The Confidential Document Form shall be accessible to

the public.

C. This section is not applicable to cases that are sealed or exempted from public access pursuant to applicable

authority, such as juvenile cases or adoptions.

D. Parties and their attorneys shall be solely responsible for complying with the provisions of the Public

Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts

and the applicable state and local rules and shall certify their compliance to the Court. This certification shall

accompany each filing and shall be substantially in the following form: ''I certify that this filing complies with

the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the

Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.''

E. The court or appropriate filing office is not required to review or redact any filed document for compliance

with the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate

and Trial Courts. A party’s or attorney’s failure to comply with this section shall not affect access to case

records that are otherwise accessible.

F. If confidential documents are not submitted with the Confidential Document Form, a court may, upon motion

or its own initiative, with or without a hearing, order that any such documents be sealed. A court may also

impose appropriate sanctions for failing to comply with this section.

Rule 4008.1. 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:

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

(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) Transcript costs for ordinary 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.

(2) Transcript costs for ordinary 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.

(3) Transcript costs for ordinary 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 subdivision (B)(1) or (B)(2) and upon good cause shown.

(4) 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

and shall be served with the form requesting a transcript.

(C) Assignment and allocation of transcripts costs

(1) Assignment of costs. The requesting party, or party required by general rule to file a transcript, shall

be responsible for the cost of the transcript. Costs shall not be assessed against any party for transcripts

prepared at the initiation of the court.

(2) Allocation of costs. When more than one party requests the transcript, or are required by general rule

to file the transcript, the cost shall be divided equally among the parties.

(D) Copies of transcript

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 bound, paper format; and,

(2) $0.50 per page electronic copy.

LOCAL RULE JUDICIAL ADMINISTRATION 5102.1. Custody of Exhibits. General Provisions

(a) Custodian.

(1) The Clerk of Courts or Prothonotary who is present at a court proceeding shall be the

custodian for all documentary exhibits and photographs or electronic copies of non-documentary exhibits accepted or rejected during court proceedings. The custodian shall

secure, maintain, retain, and index all exhibits in accordance with Pa.R.J.A. 5101-5105.

(2) In the event no representative of the Clerk of Courts or Prothonotary is present at the court

proceeding, the Court Recorder, or any other court staff designated by the judicial officer,

shall take temporary custody of all documentary exhibits and photographs or electronic

copies of non-documentary exhibits accepted or rejected during the court proceeding.

(3) The custodian shall file the written index of the exhibits and all documentary exhibits,

photographs or electronic copies of non-documentary exhibits with the records office upon

conclusion of the court proceeding, but not later than five (5) business days after conclusion

of the proceeding.

(4) The proponent shall secure and maintain all non-documentary exhibits in accordance with

Rule 5103.1(c) and (d) unless otherwise directed by the Court.

(b) Index of Exhibits. The Clerk of Courts, Prothonotary, or Court Recorder present at the court

proceeding shall maintain an index of exhibits in a format to be approved by the President Judge.

(c) Confidential Information. If an exhibit offered into evidence contains confidential information or

confidential documents as defined in the Case Records Public Access Policy of the Unified Judicial

System of Pennsylvania, the proponent shall include a properly completed Confidential Document Form.

These forms shall be given by the proponent to the court staff member maintaining the index of exhibits

at the time evidence is introduced.

LOCAL RULE JUDICIAL ADMINISTRATION 5103.1. 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.

(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.

(b) Photographs.

(1) If a proponent offers into evidence a photograph, the proponent shall ensure that the

original or a copy of the photograph in lieu of the original (no larger in size than 8 -

1/2 x 11 inches) is entered into the record.

(2) A proponent who provides a copy of a photograph shall ensure that the reproduced

document is clear and capable of further reproduction or transfer to digital media.

(c) 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) A proponent who provides a photograph of a non-documentary exhibit shall ensure

that the photograph is clear and capable of further reproduction or transfer to digital

media.

(3) Unless otherwise ordered by the court, at the conclusion of the court proceedings,

non-documentary exhibits shall remain in the custody of the proponent custodian for

safekeeping as required by any applicable retention periods, or until further order of

court.

(d) Non-documentary Exhibits: Weapons, Contraband, Hazardous Materials.

(1) In any proceeding in which weapons, cash, other items of value, drugs, or other

dangerous materials are offered into evidence, the proponent shall secure the exhibits

while the court proceeding is in session, as well as during all breaks and recesses.

(2) During the proceeding, the proponent shall exercise all appropriate safeguards

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

(3) Exhibits comprised of weapons, cash, other items of value, drugs, or other dangerous

materials are prohibited from viewing in the jury room. The court may direct

alternative viewing arrangements for such exhibits upon the request of the jury.

(4) Unless otherwise ordered by the court, at the conclusion of the court proceedings,

non-documentary exhibits shall remain in the custody of the proponent custodian for

safekeeping as required by any applicable retention periods, or until further order of

court.