Westmoreland Cnty. C.P. Judicial Administration Rules 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 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 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:

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;

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 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