Westmoreland Cnty. C.P. Local Rules of Court RULE WJ 511

Pursuant to Section 7 of the Public Access Policy of the Unified Judicial System of

Pennsylvania: Case Records of the Appellate and Trial Courts, persons who file documents

that contain confidential information as defined by the Public Access Policy shall use and

file the Confidential Information Form in order to comply with the Policy. The form shall be

available in each filing office as well as on the Court Administration website, at

http://www.co.westmoreland.pa.us/2295/Local-Rules-of-Court.

Adopted 9-14-17 Effective 1-6-18

RULE WJ1910 PROHIBITION OF CELLULAR PHONES IN COURTROOMS

A. No sound recording, photograph, video recording, cellular phone recording, or

motion picture of any type may be made or taken of any judicial proceeding,

which includes during, immediately before or immediately after said proceeding

or in any hearing room or courtroom or in the area immediately surrounding the

entrances or exits of such rooms, without the prior permission of the presiding

judge, the presiding hearing officer, or the designee of the presiding judge or the

presiding hearing officer.

B. All electronic devices, including, but not limited to, cellular phones, tablets,

laptops and cameras, shall be powered off in all hearing rooms, courtrooms and in

the area immediately surrounding the entrances and exits of such rooms unless

permission to activate such device has been first obtained in advance from the

presiding judge, the presiding hearing officer or the designee of the presiding

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judge or the presiding hearing officer. This directive specifically includes the

public, parties, witnesses, support staff of participants, and attorneys.

C. No sound recording, video recording, photograph, cellular phone recording or

motion picture of any party, witness, juror, police officer, judge or judicial officer

connected to a pending judicial proceeding may be taken or made in the

courthouse or in any building housing a courtroom or hearing room, whether or

the court is actually in session, without the prior permission of the presiding

judge, the presiding hearing officer or the designee of the presiding judge or

presiding hearing officer.

D. The transmission in any form by any means of any conversation or testimony

taken by any electronic means during or anytime thereafter any judicial

proceeding without the prior permission of the presiding judge, the presiding

hearing office or the designee of the presiding judge or presiding hearing officer is

strictly prohibited.

E. Violation of this Order may constitute contempt of court and result in the

imposition of a fine or other penalty upon a finding of contempt.

RULE WJ4007. REQUEST FOR TRANSCRIPTS

(A) In accordance with Pa. R.J.A. 4007, the party requesting a full or partial transcript of

a trial or other proceeding shall file the original request with Court Administration,

in office M3 of the Westmoreland County Courthouse, in the form provided at

http://www.co.westmoreland.pa.us/index.aspx?nid=1024 (Court Administration;

Forms). The party requesting a transcript shall also serve a copy of the request

upon the court reporter, the presiding judge and opposing counsel or, in the event

the opposing party is not represented, the opposing party.

(B) Upon receipt of the completed written request form, Court Administration shall

obtain an estimate of the transcript cost and shall communicate the cost of the

transcript to the requesting party. The requesting party shall make partial payment

of seventy five percent (75%) of the estimated cost, which shall be nonrefundable.

Payments shall be made at the Westmoreland County Treasurer’s office. No

transcripts shall be delivered to private parties until 100% of the payment cost of

the transcript is received. No down payment shall be required from the

Commonwealth or a subdivision of the Commonwealth.

(C) Requests based on economic hardship.

(1) In the event that a requester seeks reduction or waiver of transcript fee, he

or she shall complete the petition requesting reduction in or waiver of

transcript costs found at

http://www.co.westmoreland.pa.us/index.aspx?nid=1024 (Court

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Administration; Forms). The petition shall be submitted to the presiding

judge, who shall make a determination as soon as reasonably possible and

shall provide a copy of the grant or denial of application to the assigned

court reporter and court administrator’s office. All payment shall be made

to the Westmoreland County Treasurer.

(D) Payment.

All checks shall be made payable to “Westmoreland County Treasurer”.

Adopted December 21, 2016, effective February 13, 2017.

Rule WJ4008. Transcript Costs.

Rule WJ4008. Transcript Costs.

(A) Costs.

(1) Costs payable by a requesting party other than the Westmoreland County District

Attorney's office, the Westmoreland County Public Defender's office, Westmoreland

County Conflict Counsel or court-appointed counsel, or any other County office or

agency, for a transcript in an electronic format shall be as follows:

Private Pay Rates:

Ordinary $2.50 per page

Expedited $3.50 per page

Daily $4.50 per page

Same day delivery $6.50 per page

Copies of Transcript. A request for a copy of any transcript previously ordered,

transcribed and filed of record shall be provided at the rate of $0.75 per page bound,

paper format; and $0.50 per page electronic copy.

Transcripts in bound paper format are subject to a surcharge of $0.25 per page, and

copy rates apply.

In the event a condensed transcript is delivered, the page rates above apply regardless

of the number of pages of transcript on the sheet.

(2) Transcript costs payable by the Westmoreland County District Attorney’s office, the

Westmoreland County Public Defender’s office, Westmoreland County Conflict Counsel

or court-appointed counsel, or any other County office or agency, for a transcript in

either paper or electronic formation shall be as follows:

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Ordinary $1.45 per page

Expedited $2.45 per page

Daily $3.45 per page

Same day delivery $5.45 per page

Copies of Transcript. A request for a copy of any transcript previously ordered,

transcribed and filed of record shall be provided at the rate of $0.30 per page.

(B) Economic Hardship. Reduction based on economic hardship shall be in accordance

with Pa.R.J.A 4008(B).

(C) Allocation of Costs. Allocation of costs shall be as set forth Pa. R.J.A. 4008(C).

(D) Additional Costs. Pursuant to Pa. R.J.A. 4008(E), the presiding judge may impose a

reasonable surcharge in cases such as mass tort, medical malpractice or other

unusually complex litigation.

A reasonable fee for a secure electronic feed may be imposed by the court reporter.

Adopted December 21, 2016, effective February 13, 2017. Amended April 22, 2019, effective June 11, 2019.

Rescinded January 14, 2025. New Rule adopted January 14, 2025, effective February 24, 2025

WJ5102 Custody of Exhibits

(A) During Court Proceedings:

(1) Prior to moving for admission of the exhibit, the proponent of the exhibit shall

be the custodian of the exhibit and shall secure and maintain the exhibit during

the court proceeding, including breaks and recesses.

(2) At the time of the proposed admission of the exhibits, the Court Assistant-Monitor shall be the custodian of the exhibits. The Court Assistant-Monitor shall

secure and maintain the exhibits during the court proceedings, including breaks

and recesses, unless otherwise provided in Pa.R.J.A. 5103(c)-(d).

(B) After Court Proceedings:

(1) Court Assistant-Monitor shall:

a. retain custody of all exhibits admitted in the court proceeding and

accepted by the Court during the proceeding;

b. return any non-documentary exhibits to the proponent unless the Court

orders otherwise;

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c. file all exhibits with the appropriate filing office (Clerk of Courts for

Criminal Court; Prothonotary for Civil Court, Register of Wills/Clerk of

the Orphans’ Court for Orphans’ Court) within five (5) business days of

the conclusion of the court proceeding unless otherwise directed by the

Court; and

d. secure and maintain all other non-documentary exhibits as directed by

the Court or agreed to by the parties.

(2) The Court Assistant-Monitor filing the exhibits with the appropriate filing office

shall include a numbered list of the exhibits which (a) identifies the proponent

of the exhibit, (b) whether or not the exhibit was admitted, and (c) a description

or identification of the exhibit.

(3) If the Court Assistant-Monitor does not file the exhibits as required by

subdivision (B)(1)(b), the proponent may seek appropriate relief with the Court.

(C) Special Provisions:

(1) Any proponent of an oversized documentary exhibit shall ensure that a reduced

size copy of the exhibit is entered into evidence. See Pa.R.J.A. 5103(a).

(2) Any proponent of an oversized photographic exhibit shall ensure that a reduced

size copy of the photograph is entered into evidence. See Pa.R.J.A. 5103(b).

(3) Any proponent of a non-documentary exhibit shall ensure that a photograph, no

larger than 8 ½ x 11 inches, of the exhibit be entered into the record in lieu of

the non-documentary exhibit. If the non-documentary exhibit is physically

impractical for the Court Assistant-Monitor to maintain, the proponent of the

exhibit may be directed to maintain custody of the exhibit and to secure the

exhibit during the court proceeding. See Pa.R.J.A. 5103(c).

(4) Weapons, cash, items of value, contraband, and hazardous materials shall

remain in the custody of the proponent who shall secure the exhibit during the

court proceeding as well as during all breaks and recesses. See Pa.R.J.A 5103(d).

(5) The proponent of digital exhibits shall ensure that the exhibit is in a format

acceptable to the Court.

(d) Retention of Exhibits: For retention of civil exhibits, please refer to WJ507A.

(e) This Rule shall not apply to proceedings in the magisterial district courts or

proceedings before hearing officers in divorce, custody, support, delinquency, and

dependency matters.

Adopted March 25, 2024, effective April 29, 2024.

RULE WJ6000.1 COURT APPOINTED COUNSEL

(a) All attorneys wishing to be appointed by the Court must annually certify to the

Court Administrator that the attorney has adequate liability insurance coverage.

(b) Attorneys representing parents or serving as guardian ad litems (GAL) in juvenile

and orphans’ court for dependency/termination proceedings must, annually receive

three (3) hours of CLE credits devoted to dependency/termination proceedings. All

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attorneys wishing to be added to the court-appointed list to represent parents or

serve as a GAL in juvenile and orphans’ court for dependency/termination

proceedings must first attend a 6 hour training program presented by the Court and

County Solicitors Office. Proof of these CLE credits must be submitted to the Court

Administrator.

(c) Payment of Fees

(1) Criminal Appointments

a. Pre-Adjudication and Adjudication - Counsel must present the

Petition for Attorney’s Fees for pre-adjudication and adjudication

after completion of the preliminary hearing and, unless

otherwise ordered, monthly thereafter for all capital cases and

quarterly thereafter for all other cases until representation is

concluded. The attorney will indicate the case number, criminal

charges and charge disposition on the petition. Invoices submitted

more than 120 days after case adjudication will not be paid.

b. Direct Appeal and PCRA - Invoices for work done in furtherance of

direct appeal or for post-conviction review (PCRA) must be

submitted within 120 days of the work completed. Invoices

submitted for work done in furtherance of appeal or for

assignment of a PCRA beyond the 120 days will not be paid.

c. Conflict Counsel - Invoices shall be submitted monthly pursuant to

contract.

(2) Family Court Appointments - Counsel or GAL in any family court matter

must present a Petition for Attorney’s Fees within 120 days after each

hearing, review hearing, adjudication, or disposition. Please indicate the

file number and who (i.e., mother, grandmother, guardian ad litem for the

children) you represent. Invoices submitted beyond the 120 day

deadline will not be paid.

(d) Rate of Compensation

The hourly rate of compensation shall be fixed from time to time by Order of Court.

Compensation for Conflict Counsel shall be established by contract.

(e) Procedures

The Court Administrator of Westmoreland County may establish procedures

regarding the form of Petitions, copies, subpoenas, postage and telephone,

professional services, mileage and travel, witness fees, and other costs and services.

Adopted May 22, 2014, effective August 23, 2014

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Westmoreland County District Justice Rules

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WESTMORELAND COUNTY DISTRICT JUSTICE RULES

TABLE OF RULES

APPELLATE PROCEEDINGS WITH RESPECT TO JUDGMENTS AND OTHER DECISIONS

OF DISTRICT JUSTICES IN CIVIL MATTERS

Rule WD1016 Statement of Objection..............................................................................................

Adopted April 11, 1996, effective June 3, 1996.

Westmoreland County Rules of Disciplinary Enforcement

APPELLATE PROCEEDINGS WITH RESPECT TO JUDGMENTS AND OTHER DECISIONS

OF DISTRICT JUSTICES IN CIVIL MATTERS

RULE WD1016 STATEMENT OF OBJECTION

The petitioner filing a Statement of Objection shall, within ten (10) days of the filing

of the statement file a signed order setting a date and time of hearing. Failure to file the

signed order may, upon motion of the opposing party, result in dismissal of the action.

Adopted April 11, 1996, effective June 3, 1996.

Note: Rule WD1008 was repealed effective June 3, 1996.

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Westmoreland County Rules of Disciplinary Enforcement

WESTMORELAND COUNTY RULES OF DISCIPLINARY ENFORCEMENT

TABLE OF RULES

Rule WDE301 Proceedings Where an Attorney Is Declared to be Incapacitated or

Severely Mentally Disabled.....................................................................................

Adopted November 21, 2002, effective January 5, 2003.

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Westmoreland County Rules of Juvenile Procedure

RULE WDE301 PROCEEDINGS WHERE AN ATTORNEY IS DECLARED TO BE

INCAPACITATED OR SEVERELY MENTALLY DISABLED

(a) Whenever the respondent in a mental health matter is an attorney, the

Westmoreland County Mental Health/Mental Retardation Department or the

Westmoreland County Mental Health Hearing Officer shall immediately notify the

Court.

(b) The Court shall, upon declaring an attorney incapacitated, or ordering involuntary

treatment of an attorney on the grounds that the attorney is severely mentally

disabled, or denying a petition for review of a certification by a mental health review

officer subjecting an attorney to involuntary treatment, immediately deliver the

Order to the Westmoreland County Prothonotary.

(c) The Order shall direct the Prothonotary to mail within 24 hours by certified mail,

return receipt requested, a certified copy of the Order to Disciplinary Counsel.

(d) The person delivering such Order to the Prothonotary shall indicate the nature of

the Order and the need for the Prothonotary to take immediate action.

(e) The Westmoreland County Prothonotary shall, pursuant to Pennsylvania Rule of

Disciplinary Enforcement 301(a), mail by certified mail, a certified copy of the Order

within 24 hours of any judicial determination to:

Counsel-in-Charge, District IV

Office of Disciplinary Counsel

Suite 400, Union Trust Building

501 Grant Street

Pittsburgh, Pa. 15219

(f) The Prothonotary shall file the return receipt upon receiving it from the Post Office

as proof of transmission.

Note: This Rule is promulgated pursuant to Rule 301(a), Pennsylvania Rule of Disciplinary

Enforcement.

Adopted November 21, 2002, effective January 5, 2003

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Westmoreland County Rules of Juvenile Procedure

WESTMORELAND COUNTY RULES OF JUVENILE PROCEDURE

TABLE OF RULES

Rule WJUV195 Failure to Pay Fines and Costs Related to Truancy…………………………...

Adopted March 12, 2024, effective April 29, 2024.

Rule WJUV515 Juvenile Justice Restoration/Restitution Fee …………………………………..

Adopted February 7, effective April 2, 2019.

Rule WJUV1167 Filings and Service of Court Orders and Notices............................................

Adopted December 13, 2006, effective February 1, 2007.

Re-adopted April 21, 2010, effective April 21, 2010.

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Westmoreland County Rules of Juvenile Procedure

Note: Rule WJUV1 was rescinded effective October 1, 2005.

Note: Rule WJUV167 was replaced with Rule WJUV1167 effective February 1, 2007.