THE COURTS
Title 255—LOCAL
COURT RULES
ADAMS COUNTY
New Rules of Judicial Administration 4007, 4008, 4009 and 4011; Administrative Order No. 3 of 2017
[47 Pa.B. 420]
[Saturday, January 28, 2017]
Order of Court And Now, this 13th day of January, 2017, the Court hereby Orders that Rules 4007, 4008, 4009 and 4011 of the Adams County Rules of Judicial Administration shall be created as follows:
Rule 4007. Request for Transcripts.
(a) All requests for transcripts shall be set forth on a standardized form provided by the District Court Administrator of the Commonwealth of Pennsylvania and available at the office of District Court Administrator of Adams County and the Adams County website. The form shall indicate the current rates authorized to be charged for transcripts under these rules.
(b) For an ordinary transcript, the party requesting a full or partial transcript of a trial or other proceeding shall file the original request with the appropriate filing office (Clerk of Courts, Prothonotary, Orphans Court, or Domestic Relations Office) in which the litigation is pending. The requesting party shall also serve copies of the formal request to:
(1) the Judge presiding over the matter,
(2) the court reporter, recorder, or transcriptionist assigned to the proceeding,
(3) the District Court Administrator, and
(4) opposing counsel or party if the party is unrepresented.
(c) Where daily, expedited, or same day transcripts are requested, request for those transcripts shall be filed in writing in the appropriate filing office at least ten (10) days prior to the proceeding with copies of the request delivered as required by paragraph (b). Where justice requires and ten (10) days prior notice cannot reasonably be provided, requests for daily, expedited, or same day transcripts shall be made by oral motion to the presiding Judge.
(d) Following receipt of a request for transcript, the presiding Judge shall forthwith produce an order:
(1) setting forth the amount of the deposit which shall be 75 percent of the anticipated total cost of the transcript and directing the transcript to be prepared upon payment of the deposit;
(2) setting a reduced payment rate and directing the transcript to be prepared upon payment of the reduced rate; or
(3) approving or denying an economic hardship exemption and, where applicable, directing preparation of the transcript.
(e) Upon receipt of the court order referenced in subparagraph (d) above, the filing office shall make service of the same on the requestor. If deposit or reduced payment is required, the payment shall be paid to the filing office prior to commencement of transcript preparation. Upon receipt of the payment, the filing office shall promptly advise Court Administration of the same who thereafter shall direct the court reporter to prepare the transcript.
Rule 4008. Transcript Costs.
(a) Costs payable by a requesting party other than the Commonwealth or subdivision thereof for a transcript in electronic format shall be:
(1) for an ordinary transcript, $2.50 per page,
(2) for an expedited transcript, $3.50 per page,
(3) for a daily transcript, $4.50 per page, and
(4) for same day delivery, $6.50 per page.
(b) Costs payable by the Commonwealth or subdivision thereof, a transcript in electronic format shall be:
(1) for an ordinary transcript, $1.55 per page,
(2) for an expedited transcript, $1.75 per page,
(3) for a daily transcript, $2.00 per page, and
(4) for same day delivery, $4.00 per page.
(c) Costs payable for a transcript in paper format regardless of whether the request is made by a private litigant or the Commonwealth or subdivision thereof shall be in accordance with paragraph (a) and (b) relating to electronic format plus a surcharge of 25 cents per page.
(d) Economic hardship.
(1) A party seeking consideration of an economic hardship related to obtaining a transcript may petition the Court in utilizing the in forma pauperis self-help packet available at the Adams County Law Library or online at www.adamscounty.us. In order for a party to be considered for economic hardship, the in forma pauperis self-help packet must be fully completed and verified.
(2) A transcript requested by Legal Aid Services must file with the request for transcript a letter of certification verifying, as provided in R.J.A. 4008(b) that the client meet financial eligibility and the matter is under appeal or the transcript being requested is necessary to advance the current litigation.
(3) Costs payable by any person or entity requesting a copy of any transcript previously ordered, transcribed, and filed of record shall be:
(i) 75 cents per page bound, paper format, and
(ii) 50 cents per page electronic copy.
(4) A request for a copy of any transcript previously ordered, transcribed, and filed of record shall be accompanied by pre-payment of the total cost for the copy as provided herein. Requests by Legal Aid Services or for relief due to economic hardship not previously approved by the Court shall be forwarded to the President Judge for approval prior to the production of any copies.
(e) Except as otherwise set forth in this rule, no filing fee shall be assessed to a litigant filing a request for transcript.
(f) A request by any person or entity for a copy of a transcript previously ordered, transcribed, and filed of record shall comply with paragraphs (a) and (b) above. The filing office shall forward the request along with confirmation of payment, if any, to the responsible court reporter. If all financial obligations are satisfied, the court reporter shall provide a copy to the requesting party and notify Court Administration of the same.
Rule 4009. Fees.
(a) Fees for all transcripts shall be payable by check, money order, or credit card as required by the respective filing office.
(b) All revenue received related to the production of transcripts or copies thereof, unless required to be held in escrow pursuant to these rules, shall be transferred to the Adams County general fund coded to the Courts' charges for services revenue line.
Rule 4011. Delivery of Transcript.
(a) The court reporter shall notify the requesting party and the District Court Administrator or designee upon completion of the transcript and shall indicate the balance to be paid at the respective filing office.
(b) The District Court Administrator or designee shall notify the filing office of the balance owed.
(c) Upon payment of the balance owed to the filing office, the filing office shall notify the court reporter and Court Administration, and thereafter the court reporter shall certify and deliver the original transcript to the appropriate filing office. After the original transcript has been filed, copy shall be delivered to the requesting party by the court reporter.
These rules shall become effective after all the provisions of the Pennsylvania Rules of Judicial Administration 103 are met, to include the following:
a. Two (2) certified copies of this Order together with a computer diskette that complies with the requirement of 1 Pa. Code § 13.11(b), or other compliant format, containing the text of the local rule(s) adopted hereby shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
b. One copy of this Order shall be forwarded to the Administrative Office of the Pennsylvania Courts via e-mail to adminrules@pacourts.us;
c. A copy of the proposed local rule(s) shall be published on the 51st Judicial District website;
d. This Order shall be filed in the Office of the Prothonotary of Adams County and a copy thereof shall be filed with the Adams County Clerk of Courts and the Adams County Law Library for inspection and copying;
e. The effective date of the local rule(s) shall be 30 days after publication in the Pennsylvania Bulletin.
By the Court
MICHAEL A. GEORGE,
President Judge
[Pa.B. Doc. No. 17-141. Filed for public inspection January 27, 2017, 9:00 a.m.]
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