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PA Bulletin, Doc. No. 17-97

THE COURTS

Title 255—LOCAL
COURT RULES

BEAVER COUNTY

Local Rules of Administration Governing Court Reporting and Transcripts; No. 10013 of 2016

[47 Pa.B. 308]
[Saturday, January 21, 2017]

Administrative Order

 It is hereby Ordered and Directed that, effective thirty (30) days following publication in the Pennsylvania Bulletin, the Court of Common Pleas of Beaver County adopts the following Local Rules Governing Court Reporting and Transcripts for the 36th Judicial District.

 The Beaver County District Court Administrator is Ordered and Directed to:

 1. file one (1) copy of the Local Rules with the Administrative Office of Pennsylvania Courts via email to adminrules@pacourts.us.

 2. file two (2) paper copies and one (1) electronic copy of the Local Rules in a Microsoft Word format only to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. publish the Local Rules on the Court of Common Pleas of Beaver County website at http://www.beavercountypa.gov/courts.

 4. incorporate the Local Rules into the Local Rules of this Court within thirty (30) days after publication of the Local Rules in the Pennsylvania Bulletin.

 5. file one (1) copy of the Local Rules in all appropriate filing offices and the Beaver County Law Library for public inspection and copying.

Local Rules of Judicial Administration

LR4007. Requests for Transcripts.

 A. Rough draft transcripts shall not be available in this Court.

 B. In accordance with Pa.R.J.A. 4007, the party requesting either a full or partial transcript of any proceeding shall file the original request, on the ''Transcript Request Form'' which has been adopted by the Court Administrator of Pennsylvania, with the District Court Administrator's Office, and the requesting party is also required to serve copies of the completed ''Transcript Request Form'' on:

 1. Chambers of the Judge who presided over the proceeding to be transcribed;

 2. the office of the Court Reporters;

 3. all counsel involved in the proceeding, and

 4. all parties who were not represented by counsel in the proceeding, who appeared as self-represented litigant(s).

 C. Any request for transcript shall only be processed and approved by Order of the presiding Judge.

 D. Upon receipt of a Transcript Request Form approved by the presiding Judge, the District Court Administrator shall obtain an estimate of transcription costs from the Court Reporters and shall communicate the estimated costs of transcription to the requesting party. The requesting party shall be required to deposit a partial payment representing ninety (90%) percent of the estimated cost, which shall be totally nonrefundable. Payments shall be made payable to and shall be delivered to the appropriate filing office involved in the proceeding (i.e., Prothonotary, Clerk of Courts, Register of Wills, Clerk of the Orphans' Court) for deposit.

 E. Upon receipt of the required deposit, the appropriate filing office will notify the office of the Court Reporters. The Court Reporters' Supervisor will then direct preparation of the transcript.

 F. The office of the Court Reporters will notify the requesting party and the office Supervisor upon completion of the transcript, together with the balance due, if any.

 G. Final balance due shall be made payable to and shall be delivered to the appropriate filing office. Upon payment of the balance owed, the Court Reporter will obtain the signature of the presiding Judge on the original transcript and file the original transcript in the appropriate filing office with the original Court records. The Court Reporter shall then deliver copies as required by Local Rule 4008.1.

 H. Any requests for a transcript pursuant to Local Rule 4008.1(B) alleging an inability to pay, in full or in part, due to economic hardship, must be directed to the presiding Judge for determination, as set forth at Local Rule 4008.1(B).

LR4008. Transcript Costs Payable by the Commonwealth or a Subdivision Thereof.

 A. Costs payable (paper format only)

 1. For an ordinary transcript—$1.75 per page;

 2. For an expedited transcript—$2.75 per page; and

 3. For a daily transcript—$3.75 per page.

LR4008.1. Transcript Costs Payable by Requesting Party, Other Than the Commonwealth or a Subdivision Thereof.

 A. Costs payable (paper format only)

 1. For an ordinary transcript—$2.75 per page;

 2. For an expedited transcript—$3.75 per page; and

 3. For a daily transcript—$4.75 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 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 (1/2) 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, may be waived at the Court's discretion for parties who qualify for economic hardship under subdivision (B)(1) or (B)(2), but only upon good cause shown.

 4. 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. Such application should be prepared in the form of a Petition to Waive All or a Portion of the Transcript Costs, submitted with the Request for Transcript and approved by the presiding Judge.

 C. Assignment and allocation of transcripts costs

 1. Assignment of costs. The requesting party, or party required by general rule to file a transcript, shall be responsible for the cost of the transcript. Costs shall not be assessed against any party for transcripts prepared at the initiation of the Court.

 2. Allocation of costs. When more than one party requests the transcript, or are required by general rule to file the transcript, the cost shall be divided equally among the parties.

 D. Copies of transcript

 A request for a copy of any transcript previously ordered, transcribed and filed of record shall be provided at a cost of $0.75 per page, paper format only.

 Said Local Rules of Judicial Administration shall be effective in the 36th Judicial District of the Commonwealth of Pennsylvania thirty (30) days after publication in the Pennsylvania Bulletin and upon publication on the Beaver County website.

By the Court

JOHN D. McBRIDE, 
President Judge

[Pa.B. Doc. No. 17-97. Filed for public inspection January 20, 2017, 9:00 a.m.]


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