THE COURTS
FAYETTE COUNTY
Rules of Judicial Administration 4007: Requests for Transcripts; and 4008 Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof; No. 95 of 2017 GD
[47 Pa.B. 667]
[Saturday, February 4, 2017]
Order And Now, this 12th day of January, 2017, it is hereby Ordered, pursuant to Rule 103 of the Pennsylvania Rules of Judicial Administration, Fayette County Rules of Judicial Administration 4007 and 4008 are adopted as follows.
The Prothonotary is directed as follows:
(1) File one copy of the Local Rules with the Administrative Office of Pennsylvania Courts.
(2) Two copies and CD-ROM of the Local Rules shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(3) One copy of the Local Rules shall be sent to the Fayette County Law Library.
(4) One copy of the Local Rules shall be sent to the Editor of the Fayette Legal Journal.
The Administrative Office of Fayette County Courts is directed as follows:
(1) Publish a copy of these rules on the website of Administrative Office of Fayette County Courts.
(2) Compile these rules within the complete set of Fayette County Local Rules no later than 30 days following the publication in the Pennsylvania Bulletin.
Local Rules of Judicial Administration 4007 and 4008 shall be effective 30 days after the date of publication in the Pennsylvania Bulletin.
By the Court
JOHN F. WAGNER, Jr.,
President JudgeRule 4007. Requests for Transcripts.
(A) All requests for transcripts shall be set forth on a standardized form provided by the Administrative Office of Pennsylvania Courts. The ''Request for Transcript or Copy'' form is available in the office or on the website of the Administrative Office of Fayette County Courts. 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 Administrative Office of Fayette County Courts.
(C) The production of daily, expedited, same day or rough draft transcripts are only available at the discretion of the court reporter.
(D) When a litigant requests a transcript,
(1) the district court administrator shall request the court reporter to estimate the transcript cost. The ordering party shall make partial payment in the amount of seventy-five percent (75%) of the estimated transcript cost. All payments are nonrefundable and shall be made by money order, certified check, or check from an attorney payable to the County of Fayette and delivered to the Administrative Office of Fayette County Courts. No payments shall be made to the court reporter.
(2) upon receipt of the deposit by the Administrative Office of Fayette County Courts, the court reporter shall prepare the transcript.
(3) the court reporter shall notify the ordering party and the district court administrator of the completion of the transcript and of the final balance due.
(4) upon payment of any balance owed to the Administrative Office of Fayette County Courts, the court reporter shall deliver the original transcript to the appropriate filing office and a copy for the ordering party in the form requested to the district court administrator.
(E) 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.
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 an electronic format shall not exceed:
(a) for an ordinary transcript, $2.50 per page;
(b) for an expedited transcript, $3.50 per page;
(c) for a daily transcript, $4.50 per page; and
(d) for same day delivery, $6.50 per page.
(2) When the transcript is prepared in bound paper format, the costs shall be in accordance with paragraph (1) relating to electronic format plus a surcharge of $0.25 per page.
(B) Economic hardship—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 as provided herein. 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 good cause shown before the court shall waive or adjust the cost of obtaining the transcript.
(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 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, rough draft 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) To request a waiver of all or a portion of transcript costs in accordance with Rule 4008(B)(1) through (B)(3), the applicant must attach to the Request for Transcript a ''Petition to Proceed In Forma Pauperis and Affidavit'' in the form required by Rule 240(h) of the Pennsylvania Rules of Civil Procedure. The Petition and Affidavit are available in the office or on the website of the Administrative Office of Fayette County Courts. The applicant must file the Petition and Affidavit in the appropriate filing office and provide a copy to the Administrative Office of Fayette County Courts for presentation as a routine motion to the presiding judge.
(5) To proceed under Rule 4008(B)(3), after presentation of the ''Petition to Proceed In Forma Pauperis and Affidavit'' through Motions Court, the presiding judge, at his or her discretion, may schedule a hearing to determine whether the applicant has established good cause to receive a waiver of all or a portion of transcript costs. The determination of good cause shown is at the discretion of the presiding judge.
(6) Litigants who have been approved for representation by legal aid services are not required to prove economic hardship. Legal aid services shall be entitled to obtain ordinary transcripts for no cost by attaching to their Request for Transcript a letter of certification verifying in accordance with Rule 4008(B) that the represented client meets financial eligibility and that the matter is under appeal or that the transcript being requested is necessary to advance the current litigation.
(7) Transcripts requested in accordance with Rule 4008(B)(1) through (B)(3) shall have costs imputed to the County of Fayette for payment to the court reporter. In accordance with Rule 4007(E), no deposit shall be required.
(C) Assignment and allocation of transcript 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. Original costs to produce the transcript 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
(1) A request for a copy of any transcript previously ordered, transcribed and filed of record shall be made pursuant to the ''Request for Transcript or Copy'' form and the request filed with the Administrative Office of Fayette County Courts.
(a) If the request is for an electronic copy, the Administrative Office of Fayette County Courts shall collect $0.50 per page and direct the court reporter to provide the electronic copy to the district court administrator for the requesting party.
(b) If the request is for a paper format copy, the district court administrator shall notify the filing office to collect $0.75 per page, prepare a paper copy of the transcript, and provide the copy to the requesting party.
[Pa.B. Doc. No. 17-188. Filed for public inspection February 3, 2017, 9:00 a.m.]
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