THE COURTS
Title 255—LOCAL COURT RULES
BUCKS COUNTY
Promulgation of Rules of Judicial Administration No. 5102.1 and 5103.1; Administrative Order No. 120
[54 Pa.B. 1525]
[Saturday, March 23, 2024]
Order And Now, this 12th day of March, 2024, the Court hereby promulgates Bucks County Rules of Judicial Administration No. 5102.1 and 5103.1 as follows:
Rule 5102.1. Custody of Exhibits. General Provisions.
(a) Documentary Exhibits. Court Proceedings before a Judge. The court clerk or other member of the Court's staff as designated by the presiding judge shall be the ''Custodian,'' as defined by Pa.R.J.A. 5101(a)(2), of all documentary exhibits, photographs, and photographs of non-documentary exhibits submitted and accepted or rejected during the court proceeding, and shall maintain an index of exhibits.
(b) Documentary Exhibits. Court Proceedings before a Hearing Officer or other Quasi-judicial officer. The Hearing Officer or other Quasi-judicial officer conducting a record proceeding shall be the ''Custodian,'' as defined by Pa.R.J.A. 5101(a)(2), of all documentary exhibits, photographs, and photographs of non-documentary exhibits submitted and accepted or rejected during the proceeding, and shall maintain an index of exhibits.
(1) The Custodian shall secure and maintain all documentary exhibits during court proceedings, including breaks and recesses, unless otherwise provided in Pa.R.J.A. 5103(c)-(d).
(2) Should the nature of the proceeding require that more than one custodian serve, the initial custodian shall provide the subsequent custodian (and so on, if more than two custodians serve) with the submitted and accepted or rejected exhibits and the index of exhibits.
(c) Non-documentary Exhibits. All Court Proceedings. Subject to Pa.R.J.A. No. 5104(c) and (d), the court clerk or other member of the Court's staff as designated by the presiding judge or the Hearing Officer or other Quasi-judicial officer shall be the ''Custodian,'' as defined by Pa.R.J.A. 5101(a)(2), of all non-documentary exhibits which, in the discretion of the Court or Hearing Officer, may be reasonably maintained in the Custodian's possession during the proceeding. In the event that any non-documentary exhibit is not able to be retained by the Custodian due to its bulk, size, or any other factor, the proponent of such bulky or oversize exhibit shall be the Custodian thereof, as provided by Pa.R.J.A. No. 5103(c)(3).
(d) After Court Proceedings.
(1) Custodian. The Custodian of exhibits defined by sections (a), (b) and (c) above shall, at the conclusion of the proceeding:
(i) retain or take custody of all documentary exhibits, photographs, and photographs of non-documentary exhibits accepted or rejected during the court proceeding;
(ii) file all documentary exhibits, photographs, and photographs of non-documentary exhibits with the appropriate records office immediately following, but in any event no later than five (5) business days of, the conclusion of the proceeding, unless otherwise directed by the Court; and
Note: For the purposes of this rule, ''the appropriate records office'' shall be the filing/records office in which the legal papers on which the court proceeding is based are filed.
(iii) secure and maintain all other non-documentary exhibits as:
a. provided by rule;
b. directed by the court; or
c. agreed by the parties with the approval of the Court.
(e) Alternate Custodial Process. Notwithstanding any provision above, the parties may agree to an alternate custodial process if approved by the presiding judge, hearing officer or other quasi-judicial officer.
Rule 5103.1. Custody of Exhibits. Special Provisions.
(a) Reproduction of Oversized or Voluminous Documentary Exhibits.
(1) Where any intended documentary exhibit exceeds 200 pages (single sided) in length, the proponent shall cause the exhibit to be converted into a portable document file (''pdf'') and stored on a portable media device. For purposes of submission to the Court and retention, the proponent shall place the portable media device in an envelope not to exceed 8.5 × 11 inches in size bearing a label or containing a separate sheet of paper describing the contents of the portable media device, which description shall include at minimum:
(i) the case caption and docket number;
(ii) identity of the presiding judge or officer;
(iii) proponent's name;
(iv) a brief description of the document and its content, which may include date of creation of the original documents (if known), date of conversion to pdf format, date of the proceeding at which it will be submitted, and the exhibit number or other designation assigned by the Court upon submission (if known).
(b) Maintenance and Security of Bulky or Oversized Non-documentary Exhibits During and After the Court Proceeding.
(1) In any proceeding at which a party anticipates submission of bulky or oversized non-documentary exhibits, the submitting party shall make the Court aware of the nature of any such exhibit and shall request that the Court conduct a conference at which the Court shall determine the appropriate procedure for submission, maintenance and security of any such exhibit both during and after the proceeding, or for any alternate or necessary arrangements as determined by the Court in its discretion.
(2) The Court shall enter an order confirming the procedures determined for submission, handling and security of any such exhibit.
This rule shall be effective 30 days from the date of publication in the Pennsylvania Bulletin.
By the Court
RAYMOND F. McHUGH,
President Judge
[Pa.B. Doc. No. 24-389. Filed for public inspection March 22, 2024, 9:00 a.m.]
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