THE COURTS
LYCOMING COUNTY
Amendments to the Rules of General Court Business; Doc. No. 17-00006
[47 Pa.B. 3086]
[Saturday, June 3, 2017]
Order And Now, this 5th day of May 2017, it is hereby Ordered and Directed as follows:
1. Lycoming County Rules of General Court Business L4002, L4007 and L4008 are hereby promulgated.
2. The Prothonotary is directed to do the following:
a. File one (1) certified copy of this order with the Administrative Office of Pennsylvania Courts;
b. Forward two (2) certified copies of this order and a computer disk containing the text of the local rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; and
c. Forward one (1) copy of this order to the chairperson of the Lycoming County Customs and Rules Committee.
3. The chairperson of the Lycoming County Custom and Rules Committee is directed to do the following:
a. Publish the revised rules on the Lycoming Law Association website at http://www.lycolaw.org/rules/rules.html; and
b. Compile the rule revisions within the complete set of local rules no later than 30 days following publication in the Pennsylvania Bulletin.
4. The new rules shall become effective 30 days after the publication of this order in the Pennsylvania Bulletin.
By the Court
NANCY L. BUTTS,
President JudgeL4002. Definitions.
The Senior Court Reporter is a court reporter, selected for that position by the president judge. The senior court reporter is designated as the individual under Pa.R.J.A. Nos. 4001—4016 to assure compliance with the timely delivery of all transcripts and to perform such other tasks under said rules that are permitted to be performed by the designee of the president judge or the district court administrator, except for the receipt of transcript payments.
L4007. Requests for Transcripts.
(A) Requests for ordinary transcripts shall be filed with the Prothonotary/Clerk of Courts or Register and Recorder, as appropriate, by using the transcript request form required by Pa.R.J.A. No. 4007(A).
(B) Procedure for a litigant obtaining a transcript.
(1) Unless all of the costs have been waived under Lyc.Co.R.G.C.B. L4008(B), before filing a transcript request form, the litigant shall first submit the transcript request form to the senior court reporter via email (preferred), or fax (570-327-2288), or U.S. or courthouse mail (48 West Third Street, Williamsport, PA 17701).
(a) Within five (5) business days from the date the form is received, the senior court reporter will complete the applicable portions of section V (''For Court use only'') of the transcript request form and return the form to the litigant thereby notifying the litigant of the estimated cost. Senior court reporter contact information is available at www.lyco.org/Courts/Court-Reporters.
(b) The litigant ordering a transcript shall make a non-refundable deposit in the amount of 100% of the estimated cost of the transcript. The payment shall be made contemporaneously with the filing of the transcript request form, in the manner required by the office in which the form is filed.
(2) If a court order waiving all of the costs has been entered or a certification letter has been provided under Lyc.Co.R.G.C.B. L4008(B), the litigant need not submit the transcript request form to the senior court reporter. Instead, the litigant shall simply file the transcript request form with the appropriate filing office and attach the court order waiving the costs or the certification letter.
(3) Upon the filing of a transcript request form and the payment of any required deposit, the filing office shall notify the court reporter, who shall then prepare the transcript.
(4) If the actual costs are more than the deposit amount, the final balance shall be paid to the appropriate filing office within seven (7) calendar days from the date the requesting party is notified of the balance owed. If the actual costs are less than the deposit amount, the filing office shall issue a refund to the requesting party.
L4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof/Waiver of Costs.
(A) Costs. The costs for transcripts are established at the maximum rate allowed by Pa.R.J.A. No. 4008(A).
(B) Petition to Waive All or a Portion of the Transcript Costs/Letter of Certification.
(1) If a litigant seeks to waive all or a portion of the costs of a transcript, that request shall be in the form of a petition which shall be filed in the appropriate filing office. If the court waives all of the transcript costs, the litigant shall proceed in accordance with L4007(B)(2). If the court waives only a portion of the transcript costs or denies the petition, the litigant shall proceed in accordance with L4007(B)(1).
(2) Litigants who have been approved for representation by legal aid services are not required to prove economic hardship and shall be entitled to obtain ordinary transcripts at no cost. In lieu of a petition to waive the transcript costs, legal aid services may provide a letter of certification verifying that the client meets financial eligibility for legal aid services and that the matter is under appeal or that the transcript being requested is necessary to advance the litigation. If a certification letter is provided, the litigant shall proceed in accordance with L4007(B)(2).
(C) Additional Costs. A trial judge may impose a reasonable surcharge 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. Such surcharges are at the discretion of the trial judge.
[Pa.B. Doc. No. 17-922. Filed for public inspection June 2, 2017, 9:00 a.m.]
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