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PA Bulletin, Doc. No. 17-1158

THE COURTS

Title 252—ALLEGHENY COUNTY RULES

ALLEGHENY COUNTY

Judicial Administration Rule of the Court of Common Pleas; No. AD000-218 of 2017-PJ Rules Doc.

[47 Pa.B. 3809]
[Saturday, July 15, 2017]

Order of Court

 And Now, to-wit, this 29th day of June, 2017, It Is Hereby Ordered, Adjudged and Decreed, that the following Rule of the Court of Common Pleas of Allegheny County, Pennsylvania, Judicial Administration, adopted by the Board of Judges, shall be effective thirty (30) days after publication in the Pennsylvania Bulletin:

 RULE OF JUDICIAL ADMINISTRATION 4007—Requests for Transcripts

 RULE OF JUDICIAL ADMINISTRATION 4008—Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

By the Court

JEFFREY A. MANNING, 
President Judge

ALLEGHENY COUNTY LOCAL RULES OF JUDICIAL ADMINISTRATION

Rule 4007. Requests for Transcripts.

 (A) All requests for transcripts shall be submitted using a ''Fifth Judicial District Transcript Request Form'' available at the Allegheny County Office of Court Reporters, the Allegheny County Department of Court Records and on the Fifth Judicial District of Pennsylvania Website. Requests shall be submitted to the Allegheny County Office of Court Reporters, or in the event of emergency, the Court Reporter on a case.

 (B) For an ordinary transcript, the requesting party shall serve copies of the request to:

 • the judge presiding over the matter;

 • the court reporter;

 • the district court administrator or his or her designee. The Allegheny County Office of Court Reporters shall be the designee;

 • opposing counsel, or if not represented, the opposing party;

 (C) Requests for daily, expedited or same day transcripts shall be filed with the Office of Court Reporters at least 10 days prior to the proceeding. Copies of the written request shall be served as required by subsection (B). In the event of an emergency, a party may request a daily, expedited or same day transcript less than 10 days prior to the proceeding.

 (D) Procedures for requesting parties, other than the Commonwealth or a subdivision thereof:

 1) The requesting party shall make a deposit of 50% of the estimated cost of the transcript as determined by the Allegheny County Office of Court Reporters, unless the requesting party is in arrears regarding payment for transcripts previously ordered, in which case a deposit equal to the full amount of the estimated cost of the transcript may be required. The Office of Court Reporters, in its discretion, may require a flat deposit of $50 rather than the percentage-based deposit ordinarily required. Payment shall be by check, money order, or cash. All checks and money orders made in payment for transcripts shall be payable to ''Allegheny County''.

 2) The court reporter will begin transcribing the requested proceeding when either a deposit or court order granting waiver of costs is received by the Office of Court Reporters.

 3) The court reporter or Office of Court Reporters will notify the parties when the transcript is complete. Checks or money orders shall be delivered to the Office of Court Reporters. All checks and money orders issued in payment for transcripts shall be payable to ''Allegheny County''.

 4) Delivery of the transcript to the parties will be made after final payment is received.

 (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 Pa.R.J.A. 4008(B). In cases of economic hardship, where the matter is under appeal or a transcript is necessary to advance the litigation, the costs of procuring the transcript shall be waived or otherwise adjusted by the court. In cases of economic hardship where there is no appeal pending or there exists no obvious need for the transcript to advance the litigation, the requesting party must demonstrate reasonable need before the court shall waive or adjust the cost of obtaining the transcript.

Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof.

 (A) Costs

 1) The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript in paper or electronic format shall be:

 a) for an ordinary transcript, $3.00 per page;

 b) for an expedited transcript, $4.50 per page;

 c) for a daily transcript, $6.00 per page; and

 d) for same day delivery, $9.00 per page.

 (B) Economic hardship—minimum standards

 1) Transcript costs for ordinary transcripts in matters under appeal or where the transcript is necessary to advance the litigation shall be waived for a litigant who is represented by a court-appointed attorney or 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.

 2) Transcript costs for ordinary 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.

 3) Transcript costs for ordinary transcripts in matters that are not subject to an appeal, where the transcript is not necessary to advance the litigation, or for expedited, daily or same day transcripts may be waived at the court's discretion for parties who qualify for economic hardship under subdivision (B)(1) or (B)(2) and upon good cause shown.

 4) A litigant who is currently represented by a court-appointed attorney or who has a court order granting in forma pauperis status shall be entitled to a waiver of costs for ordinary transcripts after documentation of such is provided to the Office of Court Reporters.

 5) Other litigants who are only requesting a waiver of all or a portion of costs for ordinary transcripts shall make such request by filing a ''Petition for Waiver of Transcript Costs'' with the appropriate Division of the Court. This petition is available at the Office of Court Reporters, the Department of Court Records and on the Fifth Judicial District Website. The Petition must be supported by an affidavit substantially in the form required by Rule 240(h) of the Pennsylvania Rules of Civil Procedure and the related ''Fifth Judicial District Transcript Request Form'' must be attached. An order granting such a waiver will be applicable to the specified transcript request only.

 (C) Copies of transcript

 A request for a copy, in paper or electronic form, of a transcript shall be provided according to the following schedule for requesters other than the Commonwealth or a subdivision thereof:

 1) for an ordinary transcript, $2.00 per page;

 2) for an expedited transcript, $3.00 per page;

 3) for a daily transcript, $4.00 per page; and

 4) for a same day delivery transcript, $6.00 per page.

[Pa.B. Doc. No. 17-1158. Filed for public inspection July 14, 2017, 9:00 a.m.]


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