THE COURTS
CARBON COUNTY
Adoption of Local Rules of Judicial Administration LCarb. R.J.A. 5000.5 Requests for Transcripts and LCarb. R.J.A. 5000.7 Fees for Transcripts; No. 99-1552 063MI99 99-9274
[29 Pa.B. 4432]
Administrative Order No. 8-1999 And Now, this 9th day of August, 1999, it is hereby
Ordered and Decreed that the Carbon County Court of Common Pleas hereby Adopts Local Rules of Judicial Administration LCarb. R.J.A. 5000.5 governing requests for transcripts and LCarb. R.J.A. 5000.7, having obtained prior approval from the Pennsylvania Supreme Court, governing the fees charged for the preparation and transcription of Court proceedings, pursuant to Pa.R.J. A. 5000.7(e), for all transcripts requested on or after January 1, 2000.
The Carbon County District Court Administrator is Ordered and Directed to do the following:
1. File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy with the Pennsylvania Civil Procedural Rules Committee and the Pennsylvania Criminal Procedural Rules Committee.
4. Forward one (1) copy for publication in the Carbon County Law Journal.
5. Forward one (1) copy to the Carbon County Law Library.
6. Keep continuously available for public inspection copies of the Order in the Prothonotary's Office, Clerk of Courts, and Orphans Court.
By the Court
JOHN P. LAVELLE,
President JudgeRule LCarb. R.J.A. 5000.5. Requests for Transcripts.
1. Court Reporters shall prepare transcripts for all completed trials and hearings in chronological order based upon the date of the receipt of the transcription order or request, or the date of the deposit of the partial transcription fee, whichever date is later. Only the Judge may direct the Court Reporter to complete a given transcript or transcripts out of chronological sequence.
2. Should a Court Reporter be unable to comply with the deadlines set by the applicable state rules or specific orders of the Court in a given case, the Reporter shall immediately advise his or her immediate supervisor, the District Court Administrator, and the judge or judges involved of that fact.
3. All Court Reporters shall file with the Court Administrator a monthly report of ordered or requested transcripts in chronological order indicating the date of each order/request/deposit, the approximate length of the record ordered to be transcribed, the status of the transcription, the deadline set by rule or order and the expected date of lodging.
4. Where a Court Reporter is unable to meet applicable deadlines for transcription, the District Court Administrator, after consultation with the Judge or Judges involved, and with the approval of the President Judge, may temporarily remove a Court Reporter from Courtroom duties or direct that alternative means for completing the transcription(s) be used. Any reprioritizing of the chronological preparation of transcripts, except as provided in paragraph 1 of this Rule, will require the advance approval of all judges affected thereby.
Rule LCarb. R.J.A. 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 costs of the original transcript at the rate of $2.25 for each page thereof and shall pay the Court Reporter 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 begin the transcription of his or her notes as requested pursuant to LCarb. R.J.A. 5000.5.
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 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 Court Reporter in full, calculated at the rate of $2.25 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 Court Reporter $1.00 for each page of complete and legible copy.
B. When the Commonwealth or one of its political subdivisions requests a transcript, the Commonwealth, or such political subdivisions, 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 begin the transcription of his or her notes as directed by the transcript order pursuant to LCarb. R.J.A. 5000.5.
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 Commonwealth or political subdivision requesting the transcript.
3. Upon receipt of the transcript and order authorizing payment, the Commonwealth or political subdivision shall promptly prepare a voucher to the County of Carbon for payment to the court reporter for said transcript.
4. Where the Commonwealth or a political subdivision thereof requests a copy of the transcript but is not liable for the costs of the original transcript, the court reporter shall provide the entity with a complete and legible copy thereof without charge.
C. Where the County of Carbon is liable for the cost,
1. the court reporter, upon receipt of the transcript order, shall begin the transcription of his or her notes as directed by the transcript order pursuant to LCarb. R.J.A. 5000.5.
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; and
b. to any person or entity, including but not limited to the Commonwealth, or any of its political subdivisions, county solicitor, and/or judge.
3. Upon completion of the transcript and order authorizing payment, the court reporter shall present said order to Court Administration for preparation of a voucher to the County of Carbon for payment to the court reporter, calculated at the sum of $2.00 per page.
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 costs of preparing the original transcript whenever no other person or entity is otherwise liable for the cost thereof pursuant to paragraph C (3) above.
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.
[Pa.B. Doc. No. 99-1360. Filed for public inspection August 20, 1999, 9:00 a.m.]
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