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PA Bulletin, Doc. No. 03-219

THE COURTS

Title 255--LOCAL COURT RULES

MONTGOMERY COUNTY

Adoption of Local Rule of Civil Procedure 223*; No. 03-00001

[33 Pa.B. 758]

Order

   And Now, this 13th day of January, 2003, the Court hereby adopts Montgomery County Local Rule of Civil Procedure Rule 223*. Custody and Storage of Trial Exhibits. This Rule shall become effective thirty (30) days after publication in the Pennsylvania Bulletin.

   The Court Administrator is directed to publish this Order once in the Montgomery County Law Reporter and in the Legal Intelligencer. In conformity with Pa.R.C.P. 239, seven (7) certified copies of the within Order shall be filed by the Court Administrator with the Administrative Office of Pennsylvania Courts. Two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One (1) certified copy shall be filed with the Civil Procedural Rules Committee. One (1) copy shall be filed with the Prothonotary, one (1) copy with the Clerk of Courts, one (1) copy with the Court Administrator of Montgomery County, one (1) copy with the Law Library of Montgomery County and one (1) copy with each Judge of this Court.

By the Court

S. GERALD CORSO,   
President Judge

Rule 223*.  Custody and Storage of Trial Exhibits.

   (a)  The moving party shall keep custody of and be responsible for all non-documentary material submitted into evidence at trial. That material shall not be left in the courtroom after the conclusion of the trial of the case.

   (b)  All trial exhibits which are larger than 8.5 x 11 inches shall remain in the custody of and be the responsibility of the moving party. The moving party shall submit an original or copy of the trial exhibit no larger than 8.5 x 11 inches to the Court, which copy shall be marked and filed of record.

   (c)  Notwithstanding the above provisions, any party may petition the Court to retain custody of an Exhibit.

   (d)  Trial exhibits entered into evidence prior to the effective date of this Rule, and those filed of record pursuant to section (b) above, shall be retained by the Prothonotary until it is determined whether an appeal has been taken from a final judgment. If an appeal has been taken, the exhibits shall be retained until disposition of the appeal. Within sixty (60) days of the final disposition of all appeals or the date when no further appeal may be taken under the Pennsylvania Rules of Appellate Procedure, the party who offered the exhibits may reclaim them from the Prothonotary. In cases where final disposition of all appeals predates the effective date of this Rule by more than sixty (60) days, the sixty (60) day time period within which to reclaim trial exhibits shall run from the effective date of this Rule. Any exhibits not so reclaimed may be destroyed or otherwise disposed of by the Prothonotary.

[Pa.B. Doc. No. 03-219. Filed for public inspection February 7, 2003, 9:00 a.m.]


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