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PA Bulletin, Doc. No. 09-1056

THE COURTS

WESTMORELAND COUNTY

Rule WJ507 A2; No. 3 of 2009

[39 Pa.B. 2946]
[Saturday, June 13, 2009]

   And Now this 26th day of May, 2009, it is Hereby Ordered that Westmoreland County Rule of Judicial Administration WJ507 is repealed and that new Rule of Judicial Administration WJ507 is adopted.

By the Court

JOHN E. BLAHOVEC,   
President Judge

Rule WJ507. Raw Notes. Transcripts. Retention of Raw Notes and Transcripts.

   A.  Definition

   Raw Notes include those produced on paper tapes or other media in the original state in which they were taken at the time of testimony.

   B.  Raw Notes of Testimony

   1.  In any case in which no transcript has been prepared, the raw notes shall be retained for seven years from the date of testimony.

   2.  Any party may petition the court for an order directing the retention of particular raw notes for a period of time beyond the seven years required in paragraph 1.

   C.  Automatic Transcripts

   Court reporters will automatically transcribe raw notes and file the original transcript of all Termination of Parental Rights and Adoption proceedings.

   D.  Transcripts

   1.  The original of all transcripts will be filed with the appropriate record keeper. With the exception of paragraphs 2 and 3 of this section, transcripts filed with the official record keeper are subject to the retention periods for case files set forth in the County Records Manual.

   2.  Transcripts filed in juvenile matters may be destroyed when the subject reaches the age of 25, or 10 years after the last action in the case, whichever is later.

   3.  Transcripts for Divorce or Annulment cases may be destroyed 5 years after the Final Decree in Divorce or Annulment is entered.

   E.  Record Retention Disposal Log

   Disposal of notes shall be accomplished as provided in Section 2.3 of the Supreme Court's Record Retention and Disposition Schedule. When completing the Disposal Log Forms, the notes need not be listed on the Log by caption and case number, but may be listed only by date of hearing.

   Comment: Pursuant to 23 Pa.C.S.A. § 2905(a), raw notes of testimony of Adoption and Termination of Parental Rights proceedings must be filed of record. Paragraph C requires that all such proceedings be transcribed and that the transcripts be filed. This requirement exceeds the statutory requirement.

[Pa.B. Doc. No. 09-1056. Filed for public inspection June 12, 2009, 9:00 a.m.]

   


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