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PA Bulletin, Doc. No. 02-336

THE COURTS

WESTMORELAND COUNTY

Rules of Civil Procedure W609 and W611; No. 3 of 2002

[32 Pa.B. 1179]

Order

   And Now this 8th day of February, 2002, it is Hereby Ordered that current Westmoreland Rules of Civil Procedure W609 and W611 are rescinded, and new Rules W609 and W611 are adopted.

By the Court

CHARLES H. LOUGHRAN,   
President Judge

Rule W609.  Bill of Costs.

   (a)  The following items shall be considered as record costs in a case.

   (1)  Fees paid for filing pleadings;

   (2)  Fees paid for service of pleadings;

   (3)  Fees paid to court reporters for the cost of the original and/or one copy of deposition transcripts;

   (4)  Fees paid to videotape operators for the taking of videotape depositions;

   (5)  Fees for subpoenas served on witnesses for attendance at oral or videotape depositions, provided the depositions have been taken;

   (6)  Statutory per diem witness fees and mileage paid to witnesses whose oral or videotape depositions have been taken;

   (7)  Statutory per diem witness fees and mileage paid to witnesses who have appeared and testified at trial;

   (8)  Any other costs specifically permitted by statute or Rule of the Pennsylvania Supreme Court.

   (b)  A bill of costs listing those items sought to be recovered as record costs in an action must be filed with the Prothonotary, as the case may be, within 10 days of

   (1)  the entry of a verdict by jury;

   (2)  a final order or decree by a judge sitting without a jury in law or in equity;

   (3)  the day on which the Prothonotary makes the notation on the docket, in an arbitration case where record costs have been awarded, that notice of entry of the arbitration award has been provided as required by Pa.R.C.P. 1307(a)(3).

   A certificate that a copy of the bill of costs has been served on the opposing party or that party's counsel of record shall be filed with the bill of costs.

   (c)  Objections to items or amounts listed in the bill of costs must be filed by the opposing party or that party's counsel of record within 10 days of receipt of a copy of the bill of costs, in which event the trial judge, or judge assigned by the court administrator, shall enter an order specifying which costs are allowable.

   COMMENT: Although it has been the custom in this county that the defendant pay record costs as part of a settlement, case law holds that, absent an agreement between counsel regarding the payment of record costs, the court has no authority to award costs to either party upon settlement. Mancine v. Bilesimo, Jr., 69 W.L.J. 145 (1987).

   With regard to recovery of cost in an arbitration case, see Sillings v. Protected Home Mutual Life Ins. Co., 84 W.L.J. 7 (2001).

Rule W611.  Papers and Records.

   (a)  Papers and documents filed in the Prothonotary's office should be on white paper approximating 8 1/2 inches by 11 inches, with printed matter 6 1/2 inches by 9 1/2 inches.

   (b)  Papers and documents, including original documents, should be filed without ''blue backs'' or other covers, and should be bound in the upper left hand corner with a single binder clip or staple, No tape should be used to cover the top of the paper or document.

   (c)  The front page of the document should indicate the total number of pages, including exhibits, submitted for filing. (For example: Page 1 of 10).

   (d)  The court administrator and members of a judge's staff may remove records from the Prothonotary's office for official court business. In addition, referees, auditors, masters, attorneys and other similar officers appointed by the court shall have authority to remove records from the Prothonotary's office. All such records shall be returned within three months after their taking unless the court authorizes a longer retention.

   (e)  Except as provided in section (d), no record shall be removed from the Prothonotary's office except upon subpoena duces tecum or order of court.

   COMMENT: See Pennsylvania Rules of Civil Procedure 205.1 through 205.4 regarding the filing of legal papers.

[Pa.B. Doc. No. 02-336. Filed for public inspection March 1, 2002, 9:00 a.m.]


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