THE COURTS
BERKS COUNTY
Rule of Judicial Administration; No. 4000; No. 16-94 Prothonotary; No. CP-06-AD-41-2016 Clerk of Courts
[47 Pa.B. 9]
[Saturday, January 7, 2017]
Order And Now, this 7th day of December, 2016, Berks County Rule of Judicial Administration No. 4000 is hereby ordered to read as set forth in the following form and made a part hereof. Said Rule as set forth is hereby approved and adopted for use in the Court of Common Pleas of Berks County, Pennsylvania, and shall become effective thirty (30) days after publication in the Pennsylvania Bulletin. Berks County Rule of Judicial Administration Rule No. 5000.7 is rendered null, void, deleted, and replaced by the following Berks County Rule of Judicial Administration No. 4000.
The District Court Administrator is Ordered and Directed to:
1. File one (1) copy of this Order, including the newly adopted rules, with the Administrative Office of Pennsylvania Courts.
2. File two (2) paper copies of this Order, including the newly adopted rules, and one (1) electronic copy with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) copy of this Order, including the newly adopted rules, with the Rules Committee of the Supreme Court of Pennsylvania.
4. File one (1) copy of this Order, including the newly adopted rules, with the Berks County Law Library.
5. Keep continuously available for public inspection and copying one (1) copy of this Order, including the newly adopted rules, in the Office of the Prothonotary, Clerk of Courts, Office of the Register of Wills/Clerk of the Orphans' Court of Berks County.
The County of Berks is Ordered and Directed to keep a copy of the newly adopted rules posted on the County's official website.
By the Court
HONORABLE PAUL M. YATRON,
President Judge
Berks County Rule of Judicial Administration No. 4007.1. Requests for Transcripts.
(A) Obtain a Transcript Request Form from any courtroom, from Court Administration, from the Official Court Reporters' Office, or online at www.co.berks.pa.us.
(B) For an ordinary transcript, the party requesting a full or partial transcript of a trial or other proceeding shall file the original Transcript Request Form with the appropriate filing office of the court. The requesting party shall also serve copies of the request to the judge presiding over the matter, the court reporter, the district court administrator, and opposing counsel, but if not represented, the opposing party.
(C) Where daily, expedited, same day, or rough draft transcripts are requested, requests for these transcripts shall be filed in writing in the appropriate filing office at least 10 days prior to the proceeding. Copies of the written request shall be delivered as required by Subsection (B). In the event of an emergency, a party may request by oral motion a daily, expedited, or rough draft transcript.
(D)(1) When a litigant requests a transcript, the litigant ordering a transcript shall make payment in the amount of one-half payment to the appropriate filing office of the court;
(2) Upon authorization by the court, the court reporter shall prepare the transcript;
(3) Upon completion of the transcript, the court reporter shall notify the ordering party of the completion of the transcript with a notice of the balance due and lodge and file the original and one (1) copy of the transcript (if a copy was requested) to the appropriate filing office and a copy to the presiding judge.
(4) Upon payment of any balance due and owing by the ordering party, the appropriate filing office shall deliver the copy of the transcript to the ordering party. Checks for the final balance due shall be delivered to and made payable to the appropriate filing office.
(E) When a litigant requests a transcript but cannot pay for the transcript because of alleged economic hardship, the court shall determine economic hardship pursuant to the procedure set forth in Rule 4008.2.
(F) When a transcript is requested for which the court or county is responsible for the cost, the court reporter shall prepare the transcript without the necessity of a deposit.
No. 4008.1. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof.
(A) Where a person or entity other than the Commonwealth or a subdivision thereof has requested an ordinary original transcript:
(1) Any person or entity who obtains a Transcript Request Form shall pay to the appropriate filing office one-half the estimated cost for the transcript calculated at the rate of $2.75 for each page of bound ordinary transcript and shall pay the balance upon completion of the transcript. The court reporter shall not be required to start the transcription until such one-half advance payment has been made.
(2) Upon completion of the transcript, the court reporter shall lodge and file the ordinary original transcript with the filing office along with a notice of the balance due to the person or entity who obtained the Transcript Request Form. Checks for the final balance due shall be made payable to the filing office and shall be delivered to the filing office.
(3) Where any person or entity other than the Commonwealth or a political subdivision thereof requests a copy of the transcript previously ordered, transcribed, and filed of record, such person or entity must complete a Request for Copy of Transcript form and may purchase the same by paying the filing office $0.75 for each page of bound paper format. Where any person or entity other than the Commonwealth or a political subdivision thereof requests a copy of the transcript in electronic format (if available), such person or entity must complete a Request for Copy of Transcript form and may purchase the same by paying the filing office $0.50 for each page of transcript.
(4) Where the Commonwealth or any political subdivision requests a copy of the transcript, the court reporter shall provide the Commonwealth or any political subdivision thereof with a copy without charge.
(5) Where a litigant requests a copy of the transcript and has been approved for representation by a legal aid service, the court reporter shall provide the legal aid client with a copy without charge.
(B) The filing office shall pay the monies received for original transcript and for copies to the county promptly. The county shall thereupon pay therefrom:
(a) to the court reporter, the sum of $2.75 for each page of bound ordinary original transcript;
(b) to the court reporter, the sum of $.0.75 for each page of copy in bound paper format or $0.50 for each page of copy in electronic format;
(c) to the court reporter, the sum of $3.75 for each page of bound original expedited transcript;
(d) to the court reporter, the sum of $4.75 for each page of bound original daily transcript;
(e) to the court reporter, the sum of $6.75 for each page of bound original same-day delivery transcript.
Rule 4008.2. Economic hardship—minimum standards.
(A) Transcript costs for ordinary original transcripts in matters under appeal or where the transcript is necessary to advance the litigation shall be waived for a litigant who has been permitted by the court to proceed in forma pauperis or whose income is less than 125 percent of the poverty line as defined by the U.S. Department of Health and Human Services (HHS) poverty guidelines for the current year.
(B) Transcript costs for ordinary original transcripts in matters under appeal or where the transcript is necessary to advance the litigation shall be reduced by one-half for a litigant whose income is less than 200 percent of the poverty line as defined by the HHS poverty guidelines for the current year.
(C) Transcript costs for ordinary original transcripts in matters that are not subject to an appeal, where the transcript is not necessary to advance the litigation, may be waived at the court's discretion for parties who qualify for economic hardship under (A) or (B) and upon good cause shown.
(D) The application to waive all or a portion of costs for ordinary transcripts shall be supported by an affidavit substantially in the form required by Rule 240(h) of the Pennsylvania Rules of Civil Procedure.
No. 4008.3. Transcript Costs Payable by the Commonwealth (including the County of Berks) or a Subdivision Thereof.
(A) Where the Commonwealth or a subdivision thereof is liable for the cost of an ordinary original transcript:
(1) Upon receipt of the Transcript Request Form, the court reporter shall immediately begin the transcription of his or her notes as directed by the Transcript Request Form without the necessity of a deposit.
(2) Upon completion of the transcript, the court reporter shall lodge and file the ordinary original transcript and shall deliver one (1) complete copy to each of the following:
(a) to the District Attorney of Berks County if said District Attorney of Berks County is a party to the action or is representing the Commonwealth in said action;
(b) to the County Solicitor of Berks County if the County Solicitor is a party to the action or is representing the County in said action;
(c) to any party proceeding in forma pauperis;
(d) to any person or entity, including but not limited to the Commonwealth or any of its political subdivisions.
(B) Upon completion of the transcript, the County of Berks shall pay to the court reporter the sum of $2.25 for each page of ordinary original transcript.
(C) Any judge of the Court of Common Pleas, the District Attorney, and the County Solicitor shall each be entitled to request an ordinary original transcript in any proceeding upon request without charge. In such case, the County of Berks shall be liable for the cost of preparing the ordinary original transcript whenever no other person or entity is otherwise liable for the cost therefor and shall pay to the court reporter the sum of $2.25 for each page of ordinary original transcript.
Nothing in this rule shall authorize delivery of an ordinary original transcript, or a copy thereof, in a proceeding where the record is sealed to any person or entity not otherwise entitled to the same.
No. 4008.4. Additional costs.
(A) In cases such as mass tort, medical malpractice, or other unusually complex litigation where there is a need for court reporters to significantly expand their dictionary, a trial judge may impose a surcharge of $0.50 per page for ordinary original transcript.
(B) In cases of a non-technical nature where a secure electronic feed is requested to instantaneously deliver the translated notes from the court reporter to a laptop or other portable electronic device via cable, wifi, router, or Bluetooth to the parties, a fee of $1.00 per page per hookup shall be charged. There shall be no charge to the court for such a connection.
(C) In cases such as mass tort, medical malpractice, or other unusually complex litigation where a secure electronic feed is requested to instantaneously deliver the translated notes from the court reporter to a laptop or other electronic device via cable, wifi, router, or Bluetooth to the parties, a fee of $1.50 per page shall be charged. There shall be no charge to the court for such a connection.
(D) In cases where a rough draft transcript is requested by the court and/or the parties of all or part of a proceeding while utilizing a secure electronic feed, a fee of $1.50 per page of rough draft shall be charged.
Rule 4009.1. Fees and Procedures.
(A) All transcripts of official court proceedings shall be prepared only upon written authorization or order of Court. No transcript of any official court proceeding may be prepared without the written consent of the Common Pleas Court judge assigned to the respective case. In the event that the assigned judge cannot be contacted by all exhaustive means, the authorization must be made by the respective Administrative Judge or the President Judge of the Court of Common Pleas.
(B) The following are step-by-step guidelines for ordering transcripts from the Official Court Reporters of the Court of Common Pleas of Berks County, Pennsylvania:
(a) Obtain a Transcript Request Form from any courtroom, from Court Administration, from the Official Court Reporters' Office, or online at www.co.berks.pa.us;
(b) Contact the official court reporter that was present at the proceeding that you desire to have transcribed and request the amount of the estimated cost of one-half payment of the transcript. If you don't know the name or contact number of the official court reporter, contact the chief court reporter at 610-478-6467;
(c) Fill out the Transcript Request Form Sections I, II, III, and IV. Sign and date the Transcript Request Form. YOU MUST MAKE ADDITIONAL COPIES OF THE TRANSCRIPT REQUEST FORM FOR DISTRIBUTION;
(d) Take the unauthorized Transcript Request Form and all copies along with a check payable to the appropriate office (not the official court reporter) in the amount of the estimated cost of one-half payment of transcript to one of the following offices: Criminal to the Clerk of Courts, Civil/Family/Equity to the Prothonotary, Orphans' Court to the Register of Wills. NEITHER THE CLERK OF COURTS' OFFICE, THE PROTHONOTARY'S OFFICE, NOR THE REGISTER OF WILLS' OFFICE WILL ACCEPT THE TRANSCRIPT REQUEST FORM IF THE APPROPRIATE PAYMENT IS NOT INCLUDED AT THE TIME OF FILING;
(e) The Clerk of Courts' Office, Prothonotary's Office, and the Register of Wills' Office will forward the unauthorized Transcript Request Form to the appropriate Court of Common Pleas judge for authorization and signature and will make the appropriate distribution of the copies of the Transcript Request Form.
Rule 4010.1. Format of Transcript.
(A) All paper transcripts except orders dictated from the bench are prepared as follows:
(1) No fewer than 25 typed lines on standard 8 1/2" × 11" paper;
(2) No fewer than nine or ten characters to the typed inch;
(3) Left-hand margin to be set at no more than 1 3/4";
(4) Right-hand margin to be set at no more than 3/8"'
(5) Each question and answer to begin on a separate line;
(6) Each question and answer to begin no more than five spaces from the left-hand margin with no more than five spaces from the Q and A to the text;
(7) Carry-over Q and A lines to begin at the left-hand margin;
(8) Colloquy material to begin no more than 15 spaces from the left-hand margin, with carry-over colloquy to the left-hand margin;
(9) Quoted material to begin no more than 15 spaces from the left-hand margin, with carry-over lines to begin no more than 10 spaces from the left-hand margin;
(10) Parentheticals and exhibit markings to begin no more than 15 spaces from the left-hand margin, with carry-over lines to begin no more than 15 spaces from the left-hand margin.
(B) Electronic transcripts shall comply with the format standards set forth in Rule 4010(A)(3) through (10) for paper transcripts and, in addition, shall be in PDF format with the following settings:
(1) functions disabled: content changes; and
(2) functions enabled: search, select, copy, paste, and print.
Rule 4011.1. Deadline for Delivery of Transcript.
(A) Unless otherwise ordered by the court, the official court reporter shall deliver the transcript for those cases under appeal within 14 days of receiving notice from the District Court Administrator or the court's designee as required by Pa.R.A.P. 1922(a).
(B) Unless otherwise ordered by the court, the official court reporter shall deliver transcripts for all other requests within thirty (30) calendar days of receiving notice from the District Court Administrator or the court's designee.
(C) For requests made by a party required to post a deposit under Rule 4009.1(B)(d), the 14-day period for those cases under appeal or the 30-day period for delivery of the transcript shall not commence until the deposit is received by the court. In those cases involving economic hardship, the 14-day period for those cases under appeal or the 30-day period for delivery of the transcript shall not commence until disposition of the application for waiver or reduction of costs. In cases where a reduction of costs is granted, the time frame commences once the reduced deposit is received by the court.
(D) The court reporter, upon showing of good cause to the president judge, may request an extension of the deadline for a period of time not to exceed an additional 30 days. In no case shall more than one extension be granted.
(E) Transcripts prepared pursuant to the Children's Fast Track Appeal program shall be given priority.
(F) Requests for transcripts unrelated to cases under appeal or in cases where no court order has been entered directing transcription shall not be given priority. However, such transcripts shall be filed and delivered within 45 days, absent an extension for good cause approved by the president judge.
[Pa.B. Doc. No. 17-3. Filed for public inspection January 6, 2017, 9:00 a.m.]
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