THE COURTS
Title 255--LOCAL
COURT RULES
LUZERNE COUNTY
Adoption of Rules of Judicial Administration; Clerk of Courts MISC #119/2001; Register of Wills MISC #115/2001; No. 2086c/2001
[31 Pa.B. 1996] Now This 27th day of March, 2001, the Court hereby adopts Luzerne County Rules of Judicial Administration Nos. 101, 507, 1901, 5000.5 and 5000.7 to be effective thirty (30) days after the date of publication in the Pennsylvania Bulletin. Luzerne County Court Rules 283 and 506 and Administrative Order 1999-001, May 26, 1999 are hereby repealed, effective thirty (30) days after the date of publication in the Pennsylvania Bulletin.
It is further ordered that the District Court Administrator shall file seven (7) certified copies of these Rules with the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) certified copy to the Judicial Council of Pennsylvania Statewide Rules Committee, and one (1) copy to the Luzerne Legal Register for publication in the next issue.
It is further ordered that these local rules shall be kept continuously available for public inspection and copying in the Offices of the Prothonotary, Clerk of Courts and Register of Wills.
By the Court
JOSEPH M. AUGELLO,
President JudgeRule 101. Title and Citation of Rules.
These rules shall be known as the Luzerne County Rules of Judicial Administration and may be cited as ''Luz.Co.R.J.A. No . . .''
Rule 507. Court Records.
A. The prothonotary, clerk of court and register of wills shall be responsible for the safekeeping of records in their respective offices. No person other than an office employee, judge, an attorney admitted to practice in Pennsylvania, or persons designated by a judge may have unsupervised access to records. All records, except records under seal or impounded by order of court or operation of law, shall be available for public inspection during regular business hours. Unless otherwise directed by the court, copies of notes of testimony shall be procured from the court reporter as authorized by the Rules of Judicial Administration. The term copy includes any form of reproduction including the use of data disks, electronic transmittal or facsimile. Unless prohibited by order or rule of court or operation of law copies of papers other than notes of testimony shall be available to the public for a reasonable fee.
B. Documents bearing original signature such as wills, deeds, judgment notes, bonds, mortgages, leases, etc., and notes of testimony taken in any proceeding shall not be removed from the office of the prothonotary, clerk of court or register of wills, except for use in any judicial proceeding, without special allowance by the court upon cause shown. No other documents, pleadings or papers, except those removed for the use of the court shall be taken from any of the said offices without permission of the prothonotary, clerk of court or register of wills or any deputy and without the giving of a written receipt therefore. All papers, pleadings and documents, other than those which may be removed for the use of the court, court appointed master or pursuant to a special allowance by the court shall be returned to the office within a period of forty-eight (48) hours from the time of the removal. Special allowance by the court is required in all instances where the applicant is not an attorney of record in the case.
C. In all cases of removal of any papers, pleadings and documents, with or without an order of court, the person removing the same shall give a receipt therefor, in such form as is required by the prothonotary, clerk of court or register of wills or any deputy, which receipt shall indicate the caption of the action to which the papers, pleadings and documents pertain, the names of the parties and the date of removal.
D. If a person fails to return the documents within the aforesaid forty-eight (48) hour period after removal, the person removing the same shall be considered in default and shall not be permitted to remove any other papers from any office while such default continues, without a special order of court. The prothonotary, clerk of court or register of wills or deputy in cases of default shall forthwith report the matter to the District Court Administrator for appropriate action by the court.
E. All electronic, computer or imaging systems used for the filing, storage or retrieval or court records shall be approved by the district court administrator and shall comply with the requirements of the Administrative Office of Pennsylvania Courts, if any. The prothonotary, register of wills or clerk of courts shall not permit electronic or other access to court records from locations outside their offices nor post court records on the Internet, the Worldwide Web or other such services, such as the use of a Webmaster or Internet service provider, without the approval of the district court administrator. The approval of the district court administrator shall be subject to the provisions of law, rules of court and the directives of the Administrative Office of Pennsylvania Courts. Except as required by law or rule of court, documents bearing original signatures such as wills, deeds, judgment notes, bonds, mortgages, leases, etc. and notes of testimony in any proceeding shall not be posted by the prothonotary, register of wills or clerk of courts on the Internet, the Worldwide Web or other such services, such as the use of a webmaster or Internet service provider, without special allowance by the court.
F. Nothing contained in this rule pertaining to the removal of papers, pleadings and documents shall prevent the issuance of a subpoena duces tecum for any document, pleading or paper filed in said office. Further, this rule does not authorize the release of any record or document impounded or sealed by order of the court or by operation of law.
Rule 1901. Termination of Inactive Cases.
(a) The prothonotary shall list for general call after October 1st of each year all civil matters in which no steps or proceedings have been taken for two years or more prior thereto and shall give notice thereof to counsel of record, and to the parties for whom no appearance has been entered, as provided by Pa.R.J.A. No. 1901(c). If no action is taken or no written objection docketed in such a matter prior to the commencement of the general call, the prothonotary shall strike the matter from the list and enter an order as of course dismissing the matter with prejudice for failure to prosecute, under the provisions of this rule. If no good cause for continuing a matter is shown at the general call, an order shall be entered forthwith by the court for dismissal.
(b) The clerk of courts shall list for general call after October 1st of each year all criminal proceedings in which no steps or proceedings have been taken for two years or more prior thereto and shall give notice thereof to the district attorney, any private prosecutor and the defendant, as provided by Pa.R.J.A. 1901(c). If no good cause for continuing a proceeding is shown at the general call, an order for dismissal shall be entered forthwith by the court.
(c) The dates and times of the general calls shall be approved by the president judge.
(d) Each district justice on or before April 1st of each year after thirty (30) days' written notice to parties and counsel shall dismiss without prejudice any civil or criminal proceeding in which no action has been taken for a continuous period of two (2) full years or more as of January 1st of each year. On or before May 1st of each year each district justice shall transmit to the district court administrator a written report of all inactive matters together with the reason for nontermination or the date of dismissal.
Rule 5000.5. Requests for Transcripts.
1. Court reporters shall prepare transcripts for all completed trials and hearings in chronological orderbased 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 presiding 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 court reporter shall immediately advise his or her immediate supervisor and the judge or judges involved of that fact.
3. All court reporters shall file with the chief court reporter 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, and the expected date of lodging.
4. Where a court reporter is unable to meet applicable deadlines for transcription, the chief court reporter, after consultation with the judge or judges involved, and with the approval of the district court administrator, may temporarily remove a court reporter from courtroom duties or direct that alternative means for completing the transcription 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 5000.7. Fees for Transcripts.
(a)(1) 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 $2.50 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 Luz. R.J.A. 5000.5.
(i) upon completion of the transcript and full payment received, and with the approval of the presiding judge, 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 $2.50 for each page of original transcript.
(ii) 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;
(iii) Where any person or entity, other than the Commonwealth, or a political subdivision thereof, requests a copy of the transcript, such person or entity shall purchase the same by paying the court reporter $1.10 for each page of complete and legible copy.
(2) 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
(i) 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 Luz. R.J.A. 5000.5.
(ii) 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.
(iii) upon completion of the transcript, the court reporter shall promptly prepare a voucher to the County of Luzerne to be approved by signature of the presiding judge for payment to the court reporter for said transcript.
(iv) 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.
(3) Where the County of Luzerne is liable for the cost,
(i) 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 Luz. R.J.A. 5000.5
(ii) upon completion of the transcript, and with the approval of the presiding judge, 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.
(iii) upon completion of the transcript, the court reporter shall promptly prepare a voucher to the County of Luzerne to be approved by signature of the presiding judge for payment to the court reporter for said transcript.
(c) Accelerated schedule: the court reporter shall be compensated at two times the standard rate for an expedited copy and three times the standard rate for a daily copy.
(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 (3) (iii) 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. 01-632. Filed for public inspection April 13, 2001, 9:00 a.m.]
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