THE COURTS
CHESTER COUNTY
Promulgation of Local Rule; 2017-0007R-CM
[47 Pa.B. 958]
[Saturday, February 18, 2017]
Order And Now, this 20th day of January, 2017, Chester County Local Rules of Judicial Administration 4001, 4002, 4007 and 4008 are adopted as follows:
Rule 4001.
(A) These rules shall govern the procedure for requests for transcripts of court proceedings and fees payable for transcripts by a requesting party, other than the Commonwealth or subdivision thereof.
Rule 4002. Definitions.
Ordinary transcript means a transcript necessary for an appeal or to otherwise advance litigation and required under a time frame set by a Pennsylvania Rule of Court regarding the delivery of court transcripts or by court order. An example of a non-ordinary transcript is one requested by a litigant when no matters are open before the court or where the transcript is ordered by a third party.
Expedited transcript means a transcript delivered within seventy-two (72) hours of an official request, not including weekends or official court holidays. For the purposes of additional payment, a transcript is an expedited transcript only if it is in fact delivered within the above time limit.
Daily transcript means a transcript delivered within eighteen (18) hours of an official request, not including weekends or official court holidays. For the purposes of additional payment, a transcript is a daily transcript only if it is in fact delivered within the above time limit.
Same day delivery means transcripts delivered within 6 hours of the close of the court session, divided by morning and afternoon with the line of demarcation being lunch or mid-day recess.
Rule 4007. Request for Transcripts.
(A) All requests for transcripts shall be set forth on the standardized form provided by the Chester County Court Administrator. The request form is available in all filing offices and at www.chesco.org.
(B) For an ordinary transcript, the party requesting a full or partial transcript of a trial or other court proceeding shall submit the original Request for Transcript to the office of the Court Administrator. Ordinary transcript is defined as a transcript necessary for an appeal or to otherwise advance litigation. The requesting party shall also serve copies of the formal request to:
(1) The judge presiding over the matter; and
(2) The court reporter; and
(3) Opposing counsel or the opposing party if self-represented.
(C) If a party is requesting daily, expedited, or same day transcripts, the Request for such transcripts shall be submitted to the Court Administrator's office at least ten (10) days prior to the scheduled proceeding. Copies of the written request shall be delivered as required in paragraph B above. In the event of an emergency, a party may request by oral motion a daily, expedited or same day transcript.
(D) When a litigant requests a transcript:
(1) The litigant shall make a deposit in the amount of 75% of the estimated cost of the transcript as provided by the district court administrator. This amount shall be paid by cash or money order, certified check or check from an attorney made payable to the County of Chester and delivered to the district court administrator.
(2) The court reporter shall prepare the transcript upon direction of the district court administrator.
(3) The court reporter shall notify the ordering party and the district court administrator of the completion of the transcript and deliver the original transcript to the presiding judge.
(4) Upon payment of the final balance owed, the court reporter shall deliver the original transcript to the appropriate filing office and copies to the parties.
Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof.
(A) Cost for Original Transcript
(1) The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for an original transcript in an electronic format, when available, shall be as follows:
(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;
(d) for same day delivery, $6.50 per page;
(2) The costs payable by a requesting party for an original transcript in bound paper format:
(a) for an ordinary transcript, $2.75 per page;
(b) for an expedited transcript, $3.75 per page;
(c) for a daily transcript, $4.75 per page;
(d) for same day delivery, $6.75 per page;
(3) Allocation of Costs.
(a) 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.
(B) Economic Hardship
(1) When a litigant requests a transcript, but cannot pay for the transcript because of economic hardship, the litigant shall file in the appropriate filing office a petition to proceed in forma pauperis, requesting waiver of a portion of the transcript fees. The form for said petition is available in the Chester County Law Library and is posted at www.chesco.org.
(C) Copies of Transcripts
A request for a copy of any transcript previously ordered, transcribed, and filed of record shall be made to the a district court administrator and provided according to the following schedule:
(1) $0.75 per page paper format; and
(2) $0.50 per page electronic copy.
(E) Additional Costs
The trial judge may impose a reasonable surcharge in cases such as medical malpractice or other unusually complex litigation where there is a need for a court reporter to significantly expand his or her dictionary. Such surcharges are at the discretion of the trial judge.
(F) Cost for other court reporter products
(1) For preparation of a transcript index: $25.00 flat fee for ten pages or less. Eleven pages and over, add an additional $2.50 per page.
By the Court
JACQUELINE CARROLL CODY,
President Judge
[Pa.B. Doc. No. 17-279. Filed for public inspection February 17, 2017, 9:00 a.m.]
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