THE COURTS
Title 255—LOCAL COURT RULES
SCHUYLKILL COUNTY
Administrative Order; No. 5202-24
[54 Pa.B. 618]
[Saturday, February 10, 2024]
Administrative Order And Now, this 30th day of January, 2024, pursuant to Pa.R.J.A. 5104, it is Ordered and Decreed that this Court adopts the following Rules of Judicial Administration (Sch.R.J.A .5102, 5103 and 5105) regarding, inter alia, the custody of exhibits, which shall become effective April 1, 2024.
The Schuylkill County Court Administrator is Hereby Ordered to:
1. Distribute one copy of each Rule to the Administrative Office of Pennsylvania Courts via email at adminrules@ pa.courts.us.
2. Distribute two paper copies of the local Rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Distribute one copy of each of the local Rules to the Legislative Reference Bureau via email at bulletin@ palrb.us in a Microsoft Word format.
4. Publish the local Rules on the Schuylkill County Court's website.
5. Incorporate the local Rules into the set of local Rules on this Court's website within 30 days after the publication of the Rules in the Pennsylvania Bulletin.
6. File one copy of each of the local Rules in the following filing offices of Schuylkill County: Clerk of Courts, Prothonotary, Clerk of the Orphans Court, and Domestic Relations.
By the Court
JACQUELINE L. RUSSELL,
President JudgeRule 5102. Custody of Exhibits. General Provisions.
(a) During Court Proceedings.
The Court Stenographer shall be the Custodian of all exhibits admitted or rejected during a Court proceeding, including breaks and recesses, except:
(1) If a non-documentary exhibit is bulky, oversized, or physically impractical for the Custodian to maintain, the Custodian may direct that the Proponent offering the exhibit maintain custody of it, and secure it during the Court proceeding.
(2) If weapons, cash, items of value, drugs, or dangerous materials are offered into evidence, the Proponent shall secure the exhibits while the Court proceeding is in session, and during all breaks and recesses.
(b) After Court Proceedings.
(1) Immediately upon conclusion of a Criminal or Juvenile Court proceeding, the Deputy Court Administrator for Criminal, or his/her designee, shall become the Custodian of exhibits and shall
(i) Take custody of all documentary exhibits, photographs, and photographs of non-documentary exhibits admitted or rejected during the Court proceeding;
(ii) File all documentary exhibits, photographs, and photographs of non-documentary exhibits with the Records Office within five business days of the conclusion of the Court proceeding, unless otherwise directed by the Court; and,
(iii) Secure and maintain all non-documentary exhibits admitted or rejected during the Court proceeding in the secured Court Evidence Room, with the exception of controlled substances which shall be maintained by the prosecution. Cash and other valuables shall be kept in a safe in the secured Court Evidence Room.
(1a) Immediately after the conclusion of any Civil or Orphans' Court proceeding, the Court Stenographer shall transfer custody of all exhibits admitted or rejected during the Court proceeding to the Prothonotary or Clerk of the Orphans' Court, as may be the applicable Records Office, which shall take custody of all exhibits, file all documentary exhibits and photographs, and secure and maintain all non-documentary exhibits.
(2) Index of Exhibits. The Court Stenographer shall provide a numbered list of exhibits to the Deputy Court Administrator for Criminal, Prothonotary, or Clerk of the Orphans' Court, as may be applicable, not later than five business days after the Court proceeding. For each exhibit, the Stenographer shall identify the Proponent, whether the exhibit was admitted or rejected from evidence, and a textual description or identification of the exhibit. The Deputy Court Administrator for Criminal shall retain the original index of exhibits for criminal and juvenile matters, and shall file a copy of the index with the Records Office immediately upon receipt of the index from the Stenographer.
(3) Confirmation. If exhibits are transferred from a Court Stenographer to a Proponent-Custodian pursuant to subsection (a)(2) of this Rule, the Court Stenographer shall confirm that the Proponent-Custodian has provided the exhibits to the Court Stenographer at the conclusion of the Court proceeding, unless the Court otherwise directs the manner of securing and maintaining such exhibits.
(c) During and After Domestic Relations Master and Hearing Officer Proceedings.
(1) The Master or Hearing Officer conducting a Domestic Relations hearing shall be the Custodian of the exhibits admitted or rejected during the hearing—with the exception of weapons, cash, items of value, drugs or dangerous materials, which shall be retained by the Proponent during the proceeding.
(2) The Master or Hearing Officer shall confirm that the Proponent-Custodian has transferred custody of any exhibit maintained in his/her custody during the proceeding to the Master or Hearing Officer at the end of the proceeding. Such latter exhibits shall be maintained by the appropriate filing office or as directed by the Hearing Officer or Master.
(3) The Master or Hearing Officer shall file all exhibits, together with an index of the exhibits, with the Prothonotary or Domestic Relations Office, as may be applicable, within five business days of the conclusion of the hearing. The exhibits index shall include a numbered list of exhibits, and for each exhibit shall identify the Proponent, whether the exhibit was admitted or rejected from evidence, and a textual description or identification of the exhibit.
Rule 5103. Custody of Exhibits. Special Provisions.
(c) Any non-documentary exhibit which is retained by the Proponent during or after the Court, Master, or Hearing Officer proceeding must be photographed in color by the Proponent and presented in a letter-sized form (8 1/2 by 11 inches) document for inclusion in the record prior to the end of the proceeding. The photograph shall be marked as an exhibit and identified in the exhibits index.
(e) Any digital exhibit that is not also presented via photograph, and any documentary exhibits of extraordinary size or bulk shall be entered into the record on a Universal Serial Bus (USB) flash drive. Multiple digital exhibits may be submitted by a party on one USB flash drive.
Rule 5105. Confidentiality. Exhibits Under Seal.
(a) The Proponent of an exhibit containing confidential information or confidential documents, as defined in the Case Records Access Policy of the Unified Judicial System of Pennsylvania (Policy), shall include a confidential document form, prepared in compliance with the Policy, so the exhibit may be sealed by the Records Office.
(b) Exhibits sealed by the Court during the Court proceeding shall not be accessible by the public.
(f) The Custodian or Records/filing Office, as may be applicable, shall maintain all non-documentary evidence
(1) in a Civil, Orphans' Court or Domestic Relations matter until the later of the expiration of the appeal period from the final disposition of the case, as otherwise required by any applicable retention schedule, law, rule, regulation or policy, or as directed by the Court;
(2) in Criminal and Juvenile Court proceedings until the later of the expiration of any applicable retention schedule, law, rule, regulation or policy, or as otherwise directed by the Court.
Effective Date: This Rule shall be effective April 1, 2024.
[Pa.B. Doc. No. 24-154. Filed for public inspection February 9, 2024, 9:00 a.m.]
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