York Cnty. C.P. Local Rules of Judicial Administration Rule 800

(A) Regular Business Hours of Magisterial District Judges:

(1) The offices of a Magisterial District Judge shall be open throughout the

year, excluding any court holidays, for at least a total of 35 hours per week and on at

least four weekdays, shall be open between the hours of 8:30 a.m. and 4:00 p.m.,

unless a different schedule is specifically approved by the President Judge.

(2) Magisterial District Judges shall submit their proposed yearly schedule of

office hours to the President Judge for approval prior to December 1 of the preceding

year, unless there are no changes from the preceding year, and shall post the schedule

at least annually in a conspicuous place at the office, pursuant to Rule 103 of the

Pennsylvania Rules of Conduct for Magisterial District Justices. Schedules of office

hours of all Magisterial District Judges shall also be maintained in the office of the

District Court Administrator.

(3) Applications for a change in office hours from those previously approved

shall be made to the President Judge, through the District Court Administrator, prior to

any change being instituted. Any changes in office hours, whether temporary or

permanent, shall be maintained in the District Court Administrator’s office and shall be

conspicuously posted at the Magisterial District Court to be visible from the outside.

(B) Availability of Magisterial District Judges During Regular Business Hours:

(1) Magisterial District Judges shall be available to conduct judicial business

during regular business hours, without unnecessary delay.

(2) Should a Magisterial District Judge for a particular district not be

available during regular business hours, any matter requiring immediate judicial

attention shall be referred to the nearest available Magisterial District Judge.

(3) A Magisterial District Judge may designate the personnel in that office to

make a referral and designate the manner of referring matters to the nearest available

Magisterial District Judge.

(4) A Magisterial District Judge shall inform the District Court Administrator,

and York County E-911, as soon as reasonably practical, of that Magisterial District

Judge’s scheduled or unscheduled unavailability during regular business hours.

(C) Availability of Magisterial District Judges After Regular Business Hours:

(1) A Magisterial District Judge, known as the “Duty MDJ” shall be on

continuous duty after regular business hours for the purpose of conducting judicial

business requiring immediate attention, without unnecessary delay.

(a) The District Court Administrator shall designate and publish the

annual schedule of Duty MDJs prior to November 1 of the preceding year.

(b) A Duty MDJ who is scheduled for a particular time may exchange

duty times with another Magisterial District Judge, and shall make such change known

to the District Court Administrator and York County E-911 as soon as is reasonably

practical.

(2) An office, known as a “Duty Office” shall be maintained for the Duty MDJ

to conduct judicial business after regular business hours.

(a) Such office may be at a “central booking” facility, or another office

suitable for the conduct of judicial business after hours.

(b) Such office shall be equipped with suitable electronic

communications to enable simultaneous visual and audio communication with the York

County Prison and a Duty MDJ.

(3) The Duty MDJ shall be available at all times when assigned after regular

business hours to conduct judicial business without unnecessary delay.

(a) At a minimum, the Duty MDJ shall convene court at 8:00 a.m. and

8:00 p.m. each day to preside over preliminary arraignments and other matters for

individuals detained in the central booking facility.

(b) If the Duty MDJ consents to the electronic application of his or her

signature by central arraignment court staff on all required documents, such judicial

business, including but not limited to preliminary arraignments, setting and posting of

bail, and processing individuals arrested or otherwise detained, may be conducted by

the Duty MDJ from a remote location by suitable electronic communication which

provides for document preparation and exchange, as well as simultaneous audio and

visual contact between the Duty MDJ and the Duty Office or central booking facility. If

the Duty MDJ does not consent to the electronic application of his or her signature by

central arraignment court staff on all required documents, the Duty MDJ shall physically

appear at the Duty Office or central booking facility to preside and sign documents.

(D) Bench Warrants Issued by Magisterial District Judges:

(1) Hearings for individuals arrested on bench warrants issued by a

Magisterial District Judge shall be heard by the Magisterial District Judge who issued

the bench warrant.

(2) In the event that an individual has been arrested on more than one

bench warrant issued by different Magisterial District Judges, the individual may be

taken before any Magisterial District Judge who issued a warrant, who may conduct a

hearing on all the bench warrants pursuant to which the individual was arrested.

(3) Individuals arrested on bench warrants for "failure to pay" issued by one

or more Magisterial District Judges after normal business hours may be released at any

time upon full payment.

ASSESSMENT OF FEES AND PAYMENT OF MONEY TO COURT

Rule 1100. Countywide Booking Center

(A) The County of York shall maintain the countywide Booking Center established

pursuant to 42 Pa.C.S. Sec. 1725.6.

(B) The President Judge shall, from time to time, establish by administrative order

the amount of fees to be charged to individuals processed through the Booking Center

who meet the requirements set forth in 42 Pa.C.S. Sec. 1725.5.

(C) Fees collected pursuant to section (B) above shall be maintained and used

pursuant to 42 Pa.C.S. Sec. 1725.5(b) and other applicable laws or rules of court.

Rule 1200. Disposition of Fines, Costs, Restitution and Other Fees Collected

(A) The Clerk of Courts and the York County Department of Probation shall be

the designated entities responsible for the collection and allocation of all costs, fines,

reparation, restitution, penalties, and other remittances imposed and collected as a

result of criminal cases in the Court of Common Pleas of York County.

(B) All criminal cases requiring payment of costs, fines, reparation, restitution,

penalties, and other remittances by a single defendant shall be placed into a single

individualized payment plan within the Common Pleas Criminal Court Case

Management System (CPCMS), unless directed otherwise by court order.

(1) Such payment plans shall be created by the Office of the Clerk of Courts

or the Department of Adult Probation.

(2) Any criminal cases requiring payment of costs, fines, reparation,

restitution, penalties, and other remittances by a defendant who has a pre-existing

payment plan, shall be incorporated into the defendant’s pre-existing payment plan,

whereby one payment plan may include multiple cases, unless otherwise ordered by the

Court.

(3) Each payment of costs, fines, reparation, restitution, penalties and other

remittances made by a defendant or by the PA Department of Corrections or the York

County Prison as per Act 84 of 1998 on behalf of the defendant to the Office of the

Clerk of Courts or the Department of Probation shall be distributed according to the

defendant’s individualized payment plan within CPCMS, whereby each payment shall

be applied to the defendant’s individual payment plan and shall then be divided and

applied equally among each of the cases within the payment plan.

(4) In accordance with the CPCMS Uniform Disbursement Schedule (UDS)

for the Criminal Division of the Courts of Common Pleas Using the Common Pleas

Criminal Court Case Management System (CPCMS) found in 204 Pa. Code § 29.405,

the Clerk of Courts and the Department of Probation shall distribute all fines costs,

reparations, restitution, penalties, and other remittances imposed and collected in the

prioritized order as set forth in the above-mentioned schedule.

(5) Each payment of costs, fines, reparation, restitution, penalties, and other

remittances made by a defendant that is equally distributed among all the defendant’s

cases within that defendant’s individualized CPCMS payment plan, shall be allocated in

the order proscribed by the CPCMS UDS.

Rule 1300. Taxation of Costs in Civil Matters

(A) Bill of Costs. Form:

(1) A bill of costs as to attendance of witnesses shall include the names of

the witnesses, the date of their attendance in court, the number of miles actually

traveled by them and the place from which mileage is claimed.

(2) The bill shall be verified by the party filing it or his attorney. The

verification shall state that the bill of costs is correct, that the witnesses named were

actually present in court and that in the opinion of the affiant they were material

witnesses.

(B) A bill of costs shall be filed with the Prothonotary within five (5) days after the

action has been tried or an appeal has been taken from an award of arbitrators or a

report of viewers.

(C) Upon presentation of the bill of costs by the party entitled thereto, the

Prothonotary shall tax the costs in accordance with the bill, unless manifest error of law

or fact is apparent on the face of the bill.

(D) Within five (5) days after the taxation of costs, any party may file exceptions

thereto with the Prothonotary, with copies to all other parties. The Prothonotary shall

then re-tax the costs within five (5) days of the receipt of exceptions.

(1) Within three (3) days after the re-taxation of costs, any party may file an

appeal therefrom, by filing a motion which specifies the items objected to. The motion

shall be filed and served on all parties pursuant to York R.C.P. 205.1 and shall be

resolved pursuant to York R.C.P. 208.3(b).

(2) The taking of an appeal shall not stay execution on the judgment, but

any sum collected on execution which represents the items of costs which are the

subject of the appeal shall be paid to the Prothonotary to be held by the Prothonotary

pending the determination of the appeal.

Rule 1400. Other Money Paid into Court

(A) When appropriate, the court, on its own motion or on the petition of any party,

may direct the payment of money into court.

(1) The Prothonotary, Clerk of Court, or Clerk of the Orphans' Court shall

have custody of all money paid into court until withdrawn.

(2) The Prothonotary, Clerk of Court, or Clerk of the Orphans' Court shall

deposit the funds specially to the credit of the court in a bank or banks in which deposits

are insured by the Federal Deposit Insurance Corporation, in such accounts as may

earn interest at prevailing rates.

(a) The party or parties to benefit shall provide the Prothonotary with a

fully completed IRS W-9 form or other similar form required by the bank where the

money is to be deposited.

(b) The Prothonotary shall not deposit such moneys into an account

which earns interest until the parties have complied with this provision.

(3) Upon the petition of a person who appears from the record to be prima

facie entitled to money paid into court, the court may direct the Prothonotary, Clerk of

Court, or Clerk of the Orphans' Court to invest the fund in such manner and upon such

terms as the court may specify.

(B) Money paid into court may be withdrawn only on order of the court or by

written stipulation signed by all parties to a matter and filed with the Prothonotary, Clerk

of Courts, or Clerk of the Orphans' Court, as the case may be.

CONSTABLES

Rule 1907.2. Policies, Procedures and Standards of Conduct - Constable Review

Board

(A) Pursuant to the Pennsylvania Unified Judicial System Constable Policies,

Procedures and Standards of Conduct, the district court administrator shall establish a

York County Constable Review Board to assist in resolving any disputes related to a

constable's performance of judicial duties.

(1) The board shall receive complaints by or against constables regarding

the performance of judicial duties, financial/payment disputes, or other matters relevant

to a constable's services to the courts.

(2) The board shall make recommendations to the president judge regarding

the judiciary's continued use of the constable's services, or to the county controller if the

dispute concerns financial or other matters within the county's control.

(3) The board shall forward any findings of suspected criminal activity to the

district attorney.

(B) The board shall consist, as a minimum, of the following members periodically

appointed by the president judge:

(1) the district court administrator, who shall co-chair the board;

(2) two magisterial district judges, one of whom shall be the president MDJ

who shall co-chair the board;

(3) a deputy district court administrator;

(4) two constables, one of whom shall be the president of the constables'

association;

(5) the county controller; and

(6) the sheriff.

(C) The board shall establish and publicize procedures and guidelines for filing

complaints.

CONTINUITY OF OPERATIONS, EMERGENCY ACTIONS,

EMREGENCY UNITS AND JUDICIAL SECURITY

Rule 1954. Judicial Security

(A) Pursuant to Pa. R.J.A. No. 1954, the district court administrator shall establish

a York County Court Security Committee that shall meet at least twice per year to:

(1) develop, review, and make recommendations to the president judge on

protocols, policies, and procedures necessary to protect the public, court personnel and

court facilities in the event of an emergency, including the continuity of operations plan

and emergency action plans;

(2) communicate the approved protocols, policies, and procedures;

(3) review and assess this judicial district’s security incident reports filed in

the PAJIRS system and recommend to the president judge appropriate actions;

(4) develop and recommend to the president judge training programs for

court employees on safety and security awareness; and

(5) ensure the completion of court facility security assessments as identified

in the Unified Judicial System Court Safety and Security Manual and as prescribed by

the state court administrator;

(B) The board shall consist, as a minimum, of the following members periodically

appointed by the president judge:

(1) the district court administrator, who shall co-chair the board;

(2) a commissioned common pleas court judge, who shall co-chair the

board;

(3) a magisterial district judge;

(4) the sheriff;

(5) a commissioner;

(6) the director of facilities management; and

(7) a constable.

COURT REPORTING AND TRANSCRIPTS

Rule 4002. Definitions

All terms in these rules shall have the same meaning as defined in Pa. R.J.A. No.

4002. As further clarification:

(A) Commonwealth or subdivision thereof includes any Pennsylvania state,

county, regional, or municipal government entity, including any department, board,

attorney, employee, or agent acting on behalf of that entity.

(B) Transcript includes any electronic or paper record, including orders,

prepared by a court reporter of any proceeding presided over by a judge, magisterial

district judge, hearing officer, or master.

(C) All transcripts fall into one of two categories regarding need and

purpose:

(1) an ordinary transcript is either:

(a) required by rule because notice of appeal has been filed; or

(b) required by order or rule to advance litigation in a matter

currently before the court.

(2) a non-ordinary transcript is any transcript requested or prepared for

any reason other than ordinary as defined in section (C)(1).

(D) The terms rough draft and same-day delivery refer to variations in the

delivery deadline and cost for non-ordinary transcripts.

(1) This court does not provide expedited or daily transcripts.

(2) Rough drafts are the retention by the requestor of the realtime

stream capture after the conclusion of the proceeding. Rough drafts are not certified;

the court and litigants shall not cite to them.

(3) Same-day transcripts, previously known in this court as daily copy,

are delivered as follows:

(a) for morning sessions of a proceeding, no later than 6:00 p.m.

the same day as the proceeding; and

(b) for afternoon sessions of a proceeding, no later than 10:30

p.m. the same day as the proceeding or no later than 6 hours after completion of the

day's proceeding, whichever occurs later.

(E) Presiding Judge is the common pleas judge, magisterial district judge,

master, or hearing officer who presided over the hearing for which the transcript is

sought. It is not necessarily the judge to whom the case is currently assigned.

Rule 4007 Requests for Transcripts

(A) All requests for transcripts shall be submitted to the appropriate filing office

utilizing a form prescribed by this court’s district court administrator. Filing offices shall

reject any transcript request that is not submitted on this court’s form. Parties seeking

to submit the request form approved by the state court administrator, or any other form,

shall be required to also submit this court’s request form. The district court

administrator may adopt an alternative procedure for use by the district attorney, public

defender and court-appointed counsel since no costs will be charged to those parties.

(1) For all transcript types, requestors satisfy the requirements of Pa. R.J.A.

No. 4007(B) to serve the presiding judge, court reporter and district court administrator

by filing the request with the filing office; requestors shall serve copies of their request

only upon opposing counsel and self-represented litigants.

(2) Requests for rough drafts or same-day delivery transcripts must be filed

at least 10 calendar days prior to the proceeding.

(3) This court does not provide expedited or daily transcripts.

(B) Any request for hardship reduction or waiver of costs for any ordinary

transcript shall be filed contemporaneously with the request for transcript on a form to

be prescribed by the district court administrator. No reduction or waiver of costs shall

be requested or granted for any non-appeal / non-ordinary transcript.

(C) Any required costs for transcripts, including deposits, shall be paid by or on

behalf of the requestor to the appropriate filing office. All checks, money orders and

other non-cash conveyances shall be made payable as directed by the appropriate filing

office in accordance with their standard business procedures for collecting other costs

and fees. All collected costs shall become the property of the County of York for

deposit to the county's general fund.

(D) Any required costs shall be estimated by the court reporter prior to

preparation of the transcript. The court reporter shall notify the filing office of the

estimated costs based upon transcript type and format, and whether the court has

granted the requestor hardship reduction or waiver of costs. The filing office shall notify

the requestor if costs are due.

(1) The requestor shall be required to pay a deposit in the amount of 100%

of the estimated required costs prior to preparation of the transcript by the court

reporter.

(2) If the requestor has not paid the deposit upon the expiration of 10

calendar days following notice to the requestor of the deposit amount due, a request

shall be deemed abandoned by the requestor and shall be closed by the filing office.

(3) The deposit amount required for all rough drafts shall be $500 for each

anticipated day and partial day of proceedings. The deposit amount required for all

same-day delivery transcripts shall be $1000 for each anticipated day and partial day of

proceedings.

(4) For any transcript type, when two or more requestors file requests for the

same transcript, each requestor shall independently pay the full deposit for the

transcript.

(E) Upon completion of the transcript, the court reporter shall calculate final total

costs and notify the filing office of the amount.

(1) If no balance is due from the requestor, the court reporter shall provide

the transcript to the filing office. The filing office shall provide copies of the transcript to

the requestor and shall return to the requestor any refund due from deposit.

(2) If a balance is due from the requestor, the filing office shall notify the

requestor. Upon receipt of payment from the requestor, the filing office shall notify the

court reporter, who shall provide the transcript to the filing office. The filing office shall

provide copies of the transcript to the requestor. If the requestor fails to pay any

remaining balance due within 10 calendar days of receiving notice, the request shall be

deemed abandoned by the requestor and shall be closed by the filing office, the court

reporter shall not file the transcript and the filing office shall not refund any deposit.

(3) Due to the mandated time limits for delivery, the court reporter may

transmit an electronic copy of a rough draft or same-day delivery transcript directly to

the requestor. For all other transcript types, the court reporter shall not deliver

transcripts to requestors, but rather to the filing office for service to the requestor.

(F) There is no need or reason for involvement of the court reporter in

subsequent requests for copies of transcripts that have already been filed with the filing

office and distributed to the parties to the case.

(G) Except when notice of appeal has been filed, prior to requesting a transcript

of testimony by a child under the age of 18 years, the requestor shall first file a petition

with the presiding judge requesting such transcription. If the court grants transcription

of the child's testimony, the requestor shall attach a copy of the order to the transcript

request form. The court reporter shall automatically exclude the child's testimony from

any non-appeal transcript if the request form does not include a judge's order

authorizing the transcription.

Rule 4008 Transcript Costs Payable by a Requesting Party Other Than

the Commonwealth or a Subdivision Thereof

(A) The court establishes the following per-page fee schedule for transcripts

delivered in electronic format:

(1) appeal / ordinary: $2.50;

(2) basic / non-appeal / non-ordinary: $2.50;

(3) rough draft retention of realtime stream / non-ordinary: $2.50;

(4) this court does not provide expedited transcripts;

(5) this court does not provide daily transcripts;

(6) same-day delivery non-ordinary: $6.50 (must be requested at least 10

calendar days prior to the proceeding); and

(7) subsequent copy of any transcript previously filed with the filing office:

$0.50.

(B) Except when specifically requested by an incarcerated defendant in a criminal

matter, or when specifically requested by any other requestor and specifically ordered

by the presiding judge, no paper format transcripts will be provided. A $0.25 per-page

surcharge shall be added to the costs specified in section (A) for any paper transcript.

(C) 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, the presiding judge may, at his or her discretion, impose a $2.00 per-page

surcharge in addition to the costs specified in section (A).

(D) Court reporters shall provide to the court realtime transcription of all

proceedings presided over by a judge of the court of common pleas, without additional

cost or fee. If any party to the case wishes to be provided access to a wireless

broadcast stream of that realtime transcription, the party must notify the district court

administrator at least ten (10) calendar days in advance of the proceeding. If any party

other than the court wishes to retain a digital copy of the realtime transcript beyond

conclusion of that day's proceeding, the party shall execute a request for a non-ordinary

rough draft and shall pay any required costs prior to the proceeding. Access to realtime

transcription shall not be provided to any third party.

Rule 4009. Fees Payable to the Court Reporter or Transcriptionist

(A) Court reporters shall be paid by the county a fee of $1.50 per page for all

notes written in court, including proceedings presided over by a judge, a magisterial

district judge, or a master. Effective for notes written on or after January 1, 2021, the

page rate shall increase to $1.65, and the page rate shall increase an additional $0.10

for notes written on or after January 1 of each successive year thereafter.

(B) Court reporters shall be paid by the county a fee of $0.50 per page for every

transcript or order filed with the court for which the reporter has or will be paid the fee in

section (A). Effective for transcripts filed on or after January 1, 2021, the page rate shall

increase to $0.55, and the page rate shall increase an additional $0.05 for transcripts

filed on or after January 1 of each successive year thereafter.

(C) Court reporters shall be paid by the county a fee of $2.00 per page for every

transcript or order filed for which the reporter has not and will not be paid the fee in

section (A). Effective for transcripts or orders filed on or after January 1, 2021, the page

rate shall increase to $2.20, and the page rate shall increase an additional $0.15 for

transcripts or orders filed on or after January 1 of each successive year thereafter.

(D) In addition to all fees outlined in sections (A), (B), and (C), court reporters

shall be paid by the county the following additional per-page fees for every transcript

filed of the following type:

(1) rough draft non-ordinary: $0.50;

(2) same-day delivery non-ordinary: $2.50 for the writer. The editor shall be

paid $2.50 per page edited, but shall not be paid the per page rate defined in section

(A). Effective for notes written on or after January 1, 2021, the page rate shall increase

to $2.75, and the page rate shall increase an additional $0.15 for notes written on or

after January 1 of each successive year thereafter.

Rule 4010 Format of Transcript

All transcripts with an estimated length of 50 pages or more shall include a word

list index, which shall be billed at the same page rate as the principal portion of the

transcript.

COURT INTERPRETERS

Rule 4800. Court Interpreters:

(A) The Court Administrator shall employ interpreters, or shall have interpreters

readily available, upon reasonable notice, for parties and witnesses with limited English

proficiency in judicial proceedings, pursuant to 42 Pa.C.S. Sec. 4401, et seq.

(1) If the person with limited English proficiency is a principal party in

interest in a judicial proceeding for a criminal matter, juvenile proceeding, or other

matter in which the right to counsel applies to the individual needing an interpreter, then

the payment of the cost of providing the interpreter shall be the responsibility of the

County of York.

(2) If the person with limited English proficiency is compelled to appear as a

witness in a judicial proceeding for a criminal matter, or a juvenile proceeding, then the

payment of the cost of providing the interpreter shall be the responsibility of the County

of York.

(3) In any other civil case or other proceeding, responsibility for payment of

interpreter services is upon the party requesting the services. Final allocation of all or

part of the cost of providing interpreter services shall be in the discretion of the presiding

judicial officer unless the principal party in interest requesting the services is indigent. If

the principal party in interest requesting the services is indigent, then some or all the

cost of providing interpreter services shall be the responsibility of the County of York.

The presiding judicial officer may order reimbursement to the County for its

responsibilities under this section.

(B) The Court Administrator shall employ interpreters, or shall have interpreters

readily available, upon reasonable notice, for parties and witnesses who may be deaf or

hard of hearing, pursuant to 42 Pa.C.S. Sec. 4431, et seq.

(1) Disposition of all or part of the cost of providing an interpreter appointed

shall be in the discretion of the court that has jurisdiction over the judicial proceeding. In

no event shall the cost of providing interpreter services be the responsibility of the

person who is deaf or hard of hearing.

(2) If the principal party in interest is indigent, then the cost of providing

interpreter services shall be the responsibility of the County of York. The presiding

judicial officer may order reimbursement to the County for its responsibilities under this

section.

(C) The party requesting interpreter services shall provide reasonable notice to

the Court Administrator of the need for such services. Any party or witness may use an

interpreter secured by that individual so long as the interpreter is on the approved list

maintained by the Administrative Office of Pennsylvania Courts or otherwise meets the

requirements of 42 Pa.C.S. Sec. 4401 et seq.

CUSTODY OF EXHIBITS IN COURT PROCEEDINGS

Rule 5104. Custody and Presentation of Exhibits in Court Proceedings

(A) This Rule shall apply to all record proceedings before this Court of Common

Pleas.

(B) Designation of Custodian. Pursuant to Pa. R.J.A. 5102, each

proponent offering evidence is designated as the custodian of that evidence at all times

prior to the Court directing transfer of custody of the evidence to the appropriate filing

office.

(C) Exhibit Tracking Form.

(1) Each proponent shall prepare exhibit tracking indexes utilizing a form to

be designated by this Court and made available by the District Court Administrator

through each filing office.

(2) Each proponent, at or prior to the beginning of the proceeding, shall

provide copies of the exhibit tracking indexes to the presiding judge or hearing officer

and opposing counsel or self-represented litigants.

(3) Proponents shall not include any information on the indexes that would

require designation of the indexes as confidential documents pursuant to the Public

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

Appellate and Trial Courts.

(4) Each proponent shall annotate the original exhibit tracking indexes

throughout the proceeding.

(5) When directed by the Court, each proponent and the filing office

representative shall note the physical and custodial transfer of exhibits to the filing office

on the original exhibit tracking indexes, at which time the filing office shall become

custodian of the exhibits. Typically, this transfer shall take place in the courtroom at the

conclusion of the proceeding. However, if an exhibit is large, valuable, dangerous, or

requires reproduction as a facsimile for inclusion in the record, the Court may direct that

the transfer of exhibits to the filing office occur at a later time or location as agreed upon

by the proponent, filing office, and other interested parties.

(6) The filing office shall make the original exhibit tracking indexes part of

the record of the case.

(7) Any party may request copies of the completed exhibit tracking indexes

from the filing office after conclusion of the proceeding, in a manner prescribed by each

filing office.

(D) Digital Media as Evidence

(1) “Electronic evidence” refers to media created, transmitted, or stored in

digital format including, but not limited to, all documents, photographs, audio files, video

files, text messages, and/or social media excerpts proposed to be submitted as

evidence or exchanged in discovery which is transmitted in any form other than paper.

(2) All electronic evidence to be presented in a court proceeding or

submitted into the record for the York County Court of Common Pleas shall comply with

the requirements of this Rule. Any electronic evidence that does not comply with this

rule will not become a part of the record of the case.

(3) When electronic evidence is used during a court proceeding, the party

submitting electronic evidence shall:

(a) provide a device by which the electronic evidence may be viewed

or played which shall have an output which is compatible with the technology in the

courtroom;

(b) be familiar with how to operate the device so that the electronic

evidence can be viewed;

(c) make the electronic evidence available for use by the opposing

parties during cross-examination of the same witness for which it was originally used;

(d) provide the clerk with the electronic evidence, as amended through

trial, on its submitted storage device with data preserved in its native format that shall:

(i) have files formatted to a file type, whenever possible,

consistent with the acceptable file types periodically published by the court. When a file

type is unique or proprietary, the party must provide the appropriate codex or other

software to be able to open and view the file on any computer;

(ii) have individual files with each file name consistent with how

the file will be referenced on the record (e.g., “Commonwealth’s Exhibit 1”);

(iii) be provided on a secure and protected media storage device

(see (4) below); and

(iv) be identified with a label that shall be affixed to each storage

device legibly identifying the case caption (which may be abbreviated), docket

number(s), and disk number (1 of 2, etc.) if there is more than one media storage device

per case. If it is impractical to affix such label directly on the media storage device, the

media storage device shall be submitted in an 8½” by 11” envelope which shall be

labeled with all the above information.

(4) The court only accepts the media storage device and file types as

periodically published by the court on its public website. The court shall periodically

seek input from the York County Bar Association regarding device and file types

commonly in use by practitioners. Such storage devices shall be for the exclusive use of

the courts and authorized court personnel, unless otherwise ordered.

(5) The clerk shall retain electronic evidence for the same time frame as it

would retain any other form of evidence.

MISCELLANEOUS PROVISIONS

Rule 7010. Restriction on Removal of Files and Documents

(A) No file containing original documents, nor any original document contained

therein, may be removed from the Offices of the Prothonotary, Clerk of Courts, or Clerk

of the Orphans' Court, except by special written permission of the Court, by anyone

other than the following:

(1) A judge of the court or a judge's authorized representative;

(2) The District Court Administrator;

(3) The Prothonotary, Clerk of Courts, and Clerk of the Orphans' Court and

regularly employed and duly authorized employees of that office;

(4) A master in divorce or conciliator in child custody cases for use in

connection with official duties;

(5) A chairperson of a board of arbitrators for use in connection with official

duties;

(6) A chairman of a Board of View appointed by the Court in connection with

official duties;

(B) Every person authorized to remove a file or document shall at the time of

removal give to the Prothonotary, Clerk of Courts, or Clerk of the Orphans’ Court, a

written receipt for the same identifying the person by whom, or on whose behalf, the

item is removed, and such person shall be personally responsible for the custody and

return of the item.

Rule 7020. Designation of Legal Newspaper

The York Legal Record is designated as the legal newspaper for the publication of

court and legal notices.

Rule 7030. Date and Time of Filing

The Prothonotary, Clerk of Courts, and Clerk of the Orphans' Court shall endorse

the date and time of filing upon all papers filed in their respective offices and shall note

the date and fact of filing on the case docket.