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PA Bulletin, Doc. No. 97-1781

THE COURTS

Title 255--LOCAL COURT RULES

BERKS COUNTY

Rule of Judicial Administration No. 5000.7; No. 97-1611

[27 Pa.B. 5761]

Order

   And Now, this 3rd day of October, 1997, Berks County Rule of Judicial Administration No. 5000.7 is hereby amended to read as set forth in the form following hereto and made a part hereof, and said Rule as so amended is hereby approved, adopted and promulgated for use in the Court of Common Pleas of Berks County, Pennsylvania. Berks County Rule of Judicial Administration as herein amended shall apply to all transcripts requested on or after January 1, 1998. Berks County Rule of Judicial Administration No. 5000.7 as heretofore adopted shall remain in effect as to all transcripts requested on or before December 31, 1997.

   The Prothonotary of Berks County is Ordered and Directed to do each of the following:

   (1)  Keep continually available for public inspection and copying copies of this Order and of Berks County Rule of Judicial Administration No. 5000.7 as herein approved, adopted and promulgated;

   (2)  Forward ten (10) certified copies of the Order and Rule as herein amended to the Administrative Office of Pennsylvania Courts for distribution in accordance with Pennsylvania Rule of Judicial Administration No. 103(c)(2).

   Anything to the contrary hereinbefore set forth notwithstanding, this Order and Rule 5000.7 as amended and adopted herein shall not become effective unless, and until, the rates set forth therein are approved by the Supreme Court of Pennsylvania pursuant to Pennsylvania Rule of Judicial Administration 5000.7(f).

By the Court

SCOTT D. KELLER,   
Acting President Judge

No. 5000.7.  Fees for Transcripts.

   (a)  When a person or entity, other than the Commonwealth, or one of its political subdivisions, requests a transcript, such person or entity shall be liable for the cost of the original transcript at the rate of $3.90 for each page thereof and shall pay the Clerk one-half (1/2) the estimated cost for the transcript at the time such person or entity requests the transcript and the balance upon completion of the transcript. The court reporter shall not be required to start the transcription until such advance payment is made in full, but when such advance has been paid, the court reporter shall immediately begin the transcription of his or her notes as requested.

   (1)  Upon completion of the transcript, the court reporter shall lodge and file the original transcript of record and shall deliver one (1) complete and legible copy thereof:

   (A)  to the District Attorney of Berks County, if such district attorney is a party to the action in his or her official capacity or represents the Commonwealth in such action;

   (B)  to the County Solicitor of Berks County, if such county solicitor is a party to the action in his or her official capacity or represents Berks County in such action;

   (C)  to the person or entity who ordered the transcript, if, but only if, such person or entity has paid the balance due for the transcript to the clerk in full, calculated at the rate of $3.90 for each page of original transcript.

   (2)  Where the Commonwealth, or any political subdivision, requests a copy of the transcript, the court reporter shall provide the Commonwealth, or political subdivision thereof, with a complete and legible copy thereof without charge.

   (3)  Where any person or entity, other than the Commonwealth, or a political subdivision thereof, requests a copy of the transcript, such person or entity may purchase the same by paying the clerk $1.20 for each page of complete and legible copy.

   (4)  The Clerk shall pay the monies received for original transcript and for copies of the county promptly, and the county shall promptly pay therefrom:

   (A)  to the court reporter, the sum of $3.00 for each page of original transcript, or if the transcript is typed on a typewriter, the sum of $2.10 for each page.

   (B)  to the typist who typed the original transcript, the sum of $0.90 for each page of original transcript, if the transcript is typed on a typewriter.

   (5)  The County of Berks shall retain the balance of the funds received for original transcript and for copies and its own use. See Pa.R.J.A. No. 5000.7(c).

   (b)  When the Commonwealth or one of its political subdivisions requests a transcript, the Commonwealth, or such political subdivision, shall be liable for the cost of the original transcript at the rate of $2.00 for each page thereof, and:

   (1)  the court reporter, upon receipt of the transcript request, shall immediately begin the transcription of his or her notes as directed by the transcript order.

   (2)  Upon completion of the transcript, the court reporter shall lodge and file the original transcript of record and shall deliver one (1) complete and legible copy thereof:

   (A)  to the District Attorney of Berks County, if such district attorney is a party to the action in his or her official capacity or represents the Commonwealth in such action;

   (B)  to the County Solicitor of Berks County, if such county solicitor is a party to the action in his or her official capacity or represents Berks County in such action;

   (C)  the court reporter shall deliver one (1) complete and legible copy to the Commonwealth or to such political subdivision thereof if, but only if, the Commonwealth, or such subdivision has paid $2.00 for each page of complete and legible copy. See Pa.R.J.A. No. 5000.7(a), (b) and (c).

   (3)  Where any person or entity, including the Commonwealth or a political subdivision thereof, requests a copy of the transcript but where such person or entity is not liable for the cost of the original transcript, the court reporter shall provide such person or entity with a complete and legible copy of the transcript without charge.

   (4)  The Clerk shall pay the monies received for original transcripts to the County of Berks promptly and the county shall promptly pay therefrom:

   (A)  to the court reporter, $1.55 for each page of original transcript where the transcript is not typed on a typewriter;

   (B)  to the court reporter, $1.10 for each page of original transcript where the transcript is typed on a typewriter;

   (C)  to the typist who typed the original transcript, $0.45 for each page of original transcript where the transcript is typed on a typewriter.

   (5)  The County of Berks shall retain the balance of the funds received for original transcript for its own use.

   (c)  Where the County of Berks is liable for the cost

   (1)  the court reporter, upon receipt of the transcript order, shall immediately begin the transcription of his or her notes as directed by the transcript order.

   (2)  Upon completion of the transcript, the court reporter shall lodge and file the original transcript of record and shall deliver one (1) complete and legible copy to each of the following without charge:

   (A)  to any party proceeding in forma pauperis;

   (B)  to the District Attorney of Berks County, if said district attorney is a party to the action in his or her official capacity or is representing the Commonwealth in such action;

   (C)  to the County Solicitor of Berks County, if the county solicitor is a party to the action in his or her official capacity or is representing the county in said action;

   (D)  If any person or entity, including but not limited to the Commonwealth, or any of its political subdivisions, desires a copy of the transcript, the court reporter shall provide such person or entity with a complete and legible copy of the same without charge.

   (3)  Upon completion of the transcript, the County of Berks shall pay:

   (A)  to the court reporter, the sum of $1.55 for each page of original transcript where the transcript is not typed on a typewriter;

   (B)  to the court reporter, the sum of $1.10 for each page of original transcript where the transcript is typed on a typewriter;

   (C)  to the typist, the sum of $0.45 for each page of original transcript where the transcript is typed on a typewriter.

   (d)  Any judge of the court, the district attorney and county solicitor shall each be entitled to a copy of the transcript in any proceeding upon request without charge. In such case, the county shall be liable for the cost of preparing the original transcript whenever no other person or entity is otherwise liable for the cost therefor.

   (e)  Nothing in this rule shall authorize delivery of a transcript, or copy thereof, in a proceeding where the record is impounded, to any person or entity not otherwise entitled to the same.

   Comments:  Rule 5000.2(h) of the Pa.R.J.A. provides that in any case where the court orders a transcript for its own use or where a copy thereof is for the use of a party entitled to proceed in forma pauperis, the county shall pay for the original and one copy of the transcript.

   Berks County provides a computer-aided transcription system. For those court reporters who cannot use the system or who must transcribe notes not capable of being translated by the system, the county provides dictation equipment, typewriters, paper and supplies, and pays the typist directly.

[Pa.B. Doc. No. 97-1781. Filed for public inspection November 7, 1997, 9:00 a.m.]


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