THE COURTS
Title 255—LOCAL COURT RULES
CHESTER COUNTY
Adoption of Local Rules of Judicial Administration; 2024-0047R-CM
[54 Pa.B. 1304]
[Saturday, March 16, 2024]
Administrative Order No. 2-2024 And Now, this 1st day of March, 2024, the following Chester County Rules of Judicial Administration (''Rules'') are adopted in their entirety.
Effective Date
These Rules shall become effective thirty (30) days from the date of their publication in the Pennsylvania Bulletin.
Procedural Compliance
In conformity with Pa.R.J.A. 103(c)(5)(ii-iii) and (6), the Chester County Court Administrator shall do the following:
1) Distribute two (2) paper copies of the Rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, along with a copy of the Rules in an agreed upon format which complies with the requirements of 1 Pa. Code § 13.11.
2) File one copy of the Rules with the Administrative Office of Pennsylvania Courts.
3) Publish a copy of the Rules on the Chester County website.
4) Incorporate the Rules in the complete set of the published Chester County Court Rules no later than thirty (30) days following publication in the Pennsylvania Bulletin.
By the Court
JOHN L. HALL,
President Judge
CUSTODY OF EXHIBITS IN COURT PROCEEDINGS C.C.R.J.A. Rule 5101. Preliminary Provisions.
(A) Definitions. The definitions described in Pa.R.J.A. 5101, including ''court proceeding,'' ''custodian,'' ''exhibit,'' ''proponent'' and ''records office'' are all incorporated herein by reference.
(B) Scope. Nothing in these rules shall limit the authority of a common pleas judge to enter an order, upon motion or sua sponte, concerning the custody, retention, or disposition of exhibits in any given matter.
(C) Citing of Chester County Rules of Judicial Administration. These rules shall be known as the Chester County Rules of Judicial Administration, each of which shall be cited as ''C.C.R.J.A. Rule _____ .''
C.C.R.J.A. Rule 5102. Custody of Exhibits. General Provisions.
(A) During Criminal and Juvenile Delinquency Court Proceedings. During a criminal or juvenile delinquency court proceeding, as well as during all such court proceeding breaks and recesses:
(1) The Clerk of Courts1 shall serve as the custodian of:
(a) all documentary exhibits, photographs, and photographs of non-documentary exhibits; and
(b) all exhibits subject to Pa.R.J.A. 5103(c)(3) (relating to non-documentary exhibits that are bulky, oversized, or physically impractical for a court staff—custodian to maintain) that the Clerk of Courts does not direct the proponent to maintain and secure.
(2) The Commonwealth shall serve as the Clerk of Courts' custodian designee of: all weapons, cash, other items of value, drugs or other dangerous materials, electronic devices,2 contraband, and hazardous materials including, without limitation, guns, knives, explosives, controlled substances, narcotics, intoxicants, currency, money, negotiable instruments, toxic materials, and biohazardous materials. When the Commonwealth serves as the custodian of an exhibit pursuant to this paragraph, the appropriate law enforcement agency designated to take such custody shall secure and safely maintain it at all times.
(3) The proponent shall serve as the custodian of: all exhibits subject to Pa.R.J.A. 5103(c)(3) (relating to non-documentary exhibits that are bulky, oversized, or physically impractical for a court staff—custodian to maintain) that the Clerk of Courts directs the proponent to maintain and secure.
(B) After Criminal and Juvenile Delinquency Court Proceedings.
(1) Custodians. Immediately upon conclusion of a court proceeding:
(a) The Clerk of Courts and Commonwealth shall retain all exhibits of which it took custody during the court proceeding pursuant to paragraph (A)(1).
(b) The Clerk of Courts and Commonwealth shall develop and implement internal operating procedures to ensure that:
(i) all exhibits are secured and maintained in a manner that protects them from loss, damage, degradation, and contamination; and
(ii) the chain of custody is fully documented and remains unbroken.
(iii) When the Commonwealth serves as the custodian of an exhibit pursuant to this paragraph, the appropriate law enforcement agency designated to take such custody shall secure and safely maintain it at all times.
(c) The Clerk of Courts and Commonwealth shall comply with the requirements of all applicable record retention schedules (the ''schedules''), including, without limitation, the County Records Act, 16 P.S. §§ 13001 et seq., and Pa.R.J.A. 507. The time periods prescribed by the schedules shall be deemed minimum terms for the retention of exhibits. Generally, the Clerk of Courts and Commonwealth shall retain custody of exhibits until the subject defendant/adjudicated juvenile has completed his or her sentence and all possible appeals have been exhausted. The Clerk of Courts and any party to a court proceeding may request the court to direct that any exhibit be retained for a period longer than the minimum term prescribed herein and by the applicable schedules.
(2) Index of Exhibits. The Clerk of Courts shall prepare a list of all exhibits that are accepted or rejected from evidence during a court proceeding (the ''Index''), including those exhibits that remain in the custody of the proponent(s). For each exhibit listed, the Clerk of Courts shall:
(a) identify the proponent and the exhibit number;
(b) describe or identify the exhibit;
(c) indicate whether the exhibit was admitted or rejected from evidence;
(d) indicate whether the exhibit is in the custody of the Commonwealth or another proponent; and
(e) indicate whether the exhibit is a substitute exhibit.
(C) During Court Proceedings Involving Other Records Offices.3 During a court proceeding involving other records offices, as well as during all such court proceeding breaks and recesses:
(1) The subject records office shall serve as the custodian of:
(a) all documentary exhibits, photographs, and photographs of non-documentary exhibits; and
(b) all exhibits subject to Pa.R.J.A. 5103(c)(3) (relating to non-documentary exhibits that are bulky, oversized, or physically impractical for a court staff—custodian to maintain) that the records office does not direct the proponent to maintain and secure.
(2) The court shall appoint an appropriate custodian designee of: all weapons, cash, other items of value, drugs or other dangerous materials, electronic devices, contraband, and hazardous materials, including, without limitation, guns, knives, explosives, controlled substances, narcotics, intoxicants, currency, money, negotiable instruments, toxic materials, and biohazardous materials. When the court appointed custodian designee takes custody of an exhibit it shall secure and safely maintain it at all times.
(3) The proponent shall serve as the custodian of: all exhibits subject to Pa.R.J.A. 5103(c)(3) (relating to non-documentary exhibits that are bulky, oversized, or physically impractical for a court staff—custodian to maintain) that the records office directs the proponent to maintain and secure.
(D) After Court Proceedings Involving Other Records Offices.
(1) Custodians. Immediately upon conclusion of a court proceeding:
(a) The records office and any court appointed custodian designee shall retain all exhibits of which it took custody during the court proceeding pursuant to paragraph (C)(1).
(b) The records offices and any court appointed custodian designee taking custody of exhibits during/after court proceedings shall develop and implement internal operating procedures to ensure that:
i. all exhibits are secured and maintained in a manner that protects them from loss, damage, degradation, and contamination; and
ii. the chain of custody is fully documented and remains unbroken.
(c) Those records offices and any court appointed custodian designees taking custody of exhibits after court proceedings shall comply with the requirements of all applicable record retention schedules (the ''schedules''), including, without limitation, the County Records Act, 16 P.S. §§ 13001 et seq., and Pa.R.J.A. 507. The time periods prescribed by the schedules shall be deemed minimum terms for the retention of exhibits. Generally, the records offices shall retain custody of exhibits until all possible appeals have been exhausted. The records office and any party to a court proceeding may request the court to direct that any exhibit be retained for a period longer than the minimum term prescribed herein and by the applicable schedules.
(2) Index of Exhibits. Any records office taking custody of exhibits during or after a court proceeding shall prepare a list of all exhibits that are accepted or rejected from evidence during the court proceeding (the ''Index''), including those exhibits that remain in the custody of the proponent(s). For each exhibit listed, the records office shall:
(a) identify the proponent and the exhibit number;
(b) describe or identify the exhibit;
(c) indicate whether the exhibit was admitted or rejected from evidence;
(d) indicate whether the exhibit is in the custody of the court appointed designee or a proponent; and
(e) indicate whether the exhibit is a substitute exhibit.
C.C.R.J.A. Rule 5103. Custody of Exhibits. Special Provisions.
(A) Documentary Exhibits.
(1) Whenever a proponent offers into evidence an exhibit such as a letter, report, drawing, map, photograph, or other document that is larger in size than 8 1/2 × 11 inches, the proponent shall contemporaneously provide to the appropriate records office a copy of the document (said copy approved by the parties or the court) reduced to 8 1/2 × 11 inches (or smaller). The smaller-sized document, of which the records office shall assume custody, shall be entered into the record as the substitute exhibit (''substitute exhibit'') in lieu of the oversized original. The proponent shall retain custody of the oversized original.
(2) If exigent circumstances prevent the proponent from providing the smaller-sized document to the records office at the same time the proponent offers the oversized original into evidence, then the proponent shall file the smaller-sized document copy (said copy approved by the parties or the court) as the substitute exhibit with the records office not later than five (5) business days after the court proceeding has concluded.
(B) Photographs.
(1) Whenever a proponent offers into evidence a photograph that is larger in size than 8 1/2 × 11 inches, the proponent shall contemporaneously provide to the records office a copy of the photograph (said copy approved by the parties or the court) reduced to 8 1/2 × 11 inches (or smaller). The smaller-sized photograph, of which the records office shall assume custody, shall be entered into the record as the substitute exhibit in lieu of the oversized original. The proponent shall retain custody of the oversized original.
(2) If exigent circumstances prevent the proponent from providing the smaller-sized photograph to the records office at the same time the proponent offers the oversized original into evidence, then the proponent shall file the smaller-sized photograph copy (said copy approved by the parties or the court) as the substitute exhibit with the records office not later than five (5) business days after the court proceeding has concluded.
(C) Non-documentary Exhibits: Generally.
(1) Whenever a proponent offers into evidence a non-documentary exhibit, the proponent shall contemporaneously provide to the records office a photograph (said photograph approved by the parties or the court) of the exhibit (no larger in size than 8 1/2 × 11 inches). The photograph, of which the records office shall assume custody, shall be entered into the record as the substitute exhibit in lieu of the original non-documentary exhibit. The proponent shall retain custody of the original non-documentary original exhibit.
(2) If exigent circumstances prevent the proponent from providing the photograph to the records office at the same time the proponent offers the original exhibit into evidence, then the proponent shall file the photograph (said photograph approved by the parties or the court) with the records office not later than five (5) business days after the court proceeding has concluded.
(D) Method of Filing. Whenever the permissible substitute exhibit for an original exhibit identified in paragraph (A)(1), (B)(1), or (C)(1) was not provided to the records office during a court proceeding, the proponent shall hand-deliver the substitute exhibit to the records office within the timeframes set forth in paragraphs (A)(2), (B)(2), and (C)(2). In no event shall the substitute exhibit be filed with the records office electronically or by mail.
(E) Relief. If a proponent does not timely file a permissible substitute exhibit for an original exhibit in accordance with C.C.R.J.A. Rule 5103(D), the records office and any party may seek appropriate relief from the court.
C.C.R.J.A. Rule 5105. Access and Inspection of Exhibits by the Public, Court Staff, and Appellate Courts.
(A) Public Access and Inspection. Upon request pursuant to Section 4.0 of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (the ''Public Access Policy''), the applicable custodian shall make an exhibit available to any member of the public for inspection, provided that the exhibit is not:
(1) subject to the confidentiality provisions of the Public Access Policy;
(2) sealed pursuant to court order, whether during or after a court proceeding; or
(3) otherwise exempted from public access pursuant to federal law, state law, or state court rule.
The applicable custodian's response to any request for public access and inspection shall comport with Section 5.0 of the Public Access Policy.
(B) Access and Inspection by Court Staff. Notwithstanding the provisions of paragraph (A), any member of court staff acting in his/her official capacity (''court staff'') may access and inspect any non-sealed exhibit necessary to perform his/her official duties; provided, however, that no exhibit shall be released into the temporary custody of court staff absent a court order containing the applicable case caption, the number(s) of the exhibit(s) to be released, and a date certain by which court staff must return the exhibit(s) to the applicable custodian. If court staff does not return the exhibit(s) to the applicable custodian on or before the date certain specified in the order, the custodian may seek appropriate relief from the court.
(C) Transmission of Exhibits for Purposes of Appeal. After an appeal has been filed, the subject records office having custody of exhibits after court proceedings shall transmit exhibits to an appellate court as provided in Pa.R.A.P. 1931(c); provided, however, that no exhibit sealed in the court of common pleas shall be transmitted unless the court, a party or the prothonotary of the appellate court directs the records office to do so. Any such exhibit sealed in the court of common pleas shall remain under seal when transmitted to the appellate court.
[Pa.B. Doc. No. 24-330. Filed for public inspection March 15, 2024, 9:00 a.m.] _______
1 The Clerk of Courts office described herein is the same office described in Pa.R.J.A. 5101(a) as ''clerk of court'' and 42 Pa.C.S. § 2754 as ''clerk of the courts.''
2 ''Electronic Devices'' are any devices that store electronic data, including cell phones, computers, watches, electronic tablets, and USB drives.
3 ''Records Office'' is defined in Pa.R.J.A. 5101, and the comments thereto, as including the clerk of courts, prothonotary and clerk of the orphans' court. This paragraph (C), and the following paragraph (D), pertain to the prothonotary and clerk of the orphans' court. The following sections, C.C.R.J.A. Rule 5103 and C.C.R.J.A. Rule 5105, pertain to all three of these records offices.
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
