THE COURTS
Title 255—LOCAL COURT RULES
CARBON COUNTY
Adoption of Local Rules of Judicial Administration CARB.R.J.A. 5102—5105 for the Custody of Exhibits in Court Proceedings; Case No. 24-CV-0442; 24-RW-0095; CP-13-AD-0000006-2024
[54 Pa.B. 1526]
[Saturday, March 23, 2024]
Administrative Order No. 10-2024 And Now, this 7th day of March, 2024, in order to establish Carbon County Local Rules of Judicial Administration CARB.R.J.A. 5102—5105 pertaining to the Custody of Exhibits in Court Proceedings, it is hereby
Ordered and Decreed that Carbon County Court of Common Pleas Local Rules of Judicial Administration CARB.R.J.A. 5102—5105 are Adopted, to be effective thirty (30) days after publication in the Pennsylvania Bulletin. A copy of each rule is as follows for easy reference.
The Carbon County District Court Administrator is Ordered and Directed to do the following with the Administrative Order and Rule:
1. E-mail one (1) copy with the Administrative Office of Pennsylvania Courts to adminrules@pacourts.us.
2. Mail one (1) copy with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin to PA Code and Bulletin, Legislative Reference Bureau, 647 Main Capitol Building, Harrisburg, PA 17120 and e-mail one (1) copy in Microsoft Word format to bulletin@ palrb.us.
3. Publish this local rule on the www.carboncourts.com website within 30 days after the publication in the Pennsylvania Bulletin.
4. File one (1) copy in the Carbon County Prothonotary, Register of Wills/Orphans Court, and Clerk of Courts Offices.
5. E-mail one (1) copy for publication in the Carbon County Law Journal.
6. Forward one (1) copy to the Carbon County Law Library.
By the Court
ROGER N. NANOVIC,
President JudgeRule 5102. Custody of Exhibits. General Provisions.
(a) During Court Proceedings.
Unless otherwise directed by the court at the time of the Court Proceeding, during any Court Proceeding before a presiding judge of the Carbon County Court of Common Pleas, including breaks and recesses, the Court Stenographer shall be the Custodian of all exhibits admitted into evidence. Those exhibits offered but not admitted into evidence shall be retained by the Proponent of the exhibit as Custodian thereof.
(b) After Court Proceedings.
(1) Documents: At the conclusion of a Court Proceeding, the Court Stenographer shall be the Custodian of all documentary exhibits, photographs and photographs of all non-documentary exhibits admitted into evidence during the proceeding. As Custodian of such documents, the Court Stenographer shall take and maintain custody of these exhibits and secure them at a location (Court Evidence Room) made available to the Stenographer for these purposes or as otherwise directed by the court. In accordance with Pa.R.J.A. No. 5103(a)(1), if a Proponent offers into evidence a document that is larger in size than 8 1/2 × 11 inches, the Proponent shall ensure that a copy of the document reduced to 8 1/2 × 11 inches (or smaller) is entered into the record.
(2) Non-Documents: With the exception of any weapons, ammunition, drugs, contraband or other dangerous or hazardous materials which are addressed in paragraph 3 below, and unless otherwise directed by the court, at the conclusion of a Court Proceeding, the Court Stenographer shall retain custody of all non-documentary exhibits admitted into evidence and secure and maintain them at a location (Court Evidence Room) made available to the Stenographer for these purposes. With respect to any non-documentary exhibit, the Proponent shall also ensure that a photograph (no larger in size than 8 1/2 × 11 inches) of the exhibit is entered into the record for inclusion in the documentary record.
At the conclusion of any post-trial proceedings, and after the exhaustion of any direct appeals or other pending direct challenges related to the proceedings, all such non-documentary exhibits, excluding cash, jewelry and other valuables as further addressed in paragraph 4 below, shall be returned by the Court Stenographer to the Proponent of the exhibit who will thereafter be responsible for maintaining and securing the exhibit as Custodian thereof until the latter of the expiration of any applicable retention schedule, law, rule, regulation or policy, or as otherwise directed by the court. To facilitate the transfer of non-documentary exhibits to the Proponent, upon receiving notice from the Stenographer of the intended transfer, the Proponent of the exhibits shall arrange with the Stenographer to have the exhibits picked up and upon receipt of such exhibits shall execute a receipt prepared by the Stenographer acknowledging the Proponent's receipt.
Any non-documentary exhibits not admitted into evidence shall be retained by the Proponent of the exhibit as Custodian thereof.
(3) At the conclusion of any Court Proceeding at which any weapons, ammunition, drugs, contraband or other dangerous or hazardous materials were admitted into evidence, unless otherwise ordered by the court, such exhibits shall be maintained and secured by the Proponent of the exhibit as Custodian thereof, including during any post-trial proceedings and until the exhaustion of any direct appeals or other pending direct challenges related to the proceedings. With respect to the exhibits covered by this paragraph, the Proponent shall ensure that a photograph (no larger in size than 8 1/2 × 11 inches) of the exhibit is also entered into the record for inclusion in the documentary record. The Proponent of these exhibits shall further be responsible for maintaining and securing them until the latter of the expiration of any applicable retention schedule, law, rule, regulation or policy, or as otherwise directed by the court. With respect to any weapons, ammunition, drugs, contraband or other dangerous or hazardous materials which have been admitted into evidence, at the conclusion of the Court Proceedings, the Court Stenographer shall complete a transfer of custody document describing all such exhibits being transferred to the Proponent, said document to be signed by the Stenographer evidencing this transfer and acknowledged by the Proponent in writing acknowledging the Proponent's receipt of all such exhibits.
As to any weapons, ammunition, drugs, contraband or other dangerous or hazardous materials which have not been admitted into evidence, such exhibits shall be retained by the Proponent of the exhibit as Custodian thereof.
(4) At the conclusion of any Court Proceeding in which cash, jewelry or other valuables were admitted into evidence, such exhibits shall be maintained and secured by the Court Stenographer as Custodian thereof in a safe in the secured Court Evidence Room. Alternatively, with the Sheriff's consent, as to these exhibits, the Court Stenographer may designate the Sheriff as the Custodian's designee. If any of the exhibits covered by this paragraph are not admitted into evidence, the exhibits shall be retained by the Proponent of the exhibit as Custodian thereof.
(5) The court stenographer shall prepare an Index of Exhibits setting forth a numbered list of exhibits and for each exhibit identify the Proponent, whether the exhibit was admitted or rejected from evidence, and a textual description or identification of the exhibit. This Index shall be filed by the court stenographer in the appropriate Records Office within five business days of the conclusion of the court proceeding. The court stenographer shall retain a copy of the Index of Exhibits and provide a copy to counsel for each party, or to a party directly if unrepresented.
Rule 5103. Custody of Exhibits. Special Provisions.
(a) Any non-documentary exhibit which is retained by the Proponent during or after the Court, Master, or Hearing Officer proceeding must be photographed in color by the Proponent and presented in a letter-sized form (8 1/2 × 11 inches) document for inclusion in the record prior to the end of the proceeding. The photograph shall be marked as an exhibit and identified in the exhibits index.
(b) Any digital exhibit that is not also presented via photograph, and any documentary exhibits of extraordinary size or bulk shall be entered into the record on a Universal Serial Bus (USB) flash drive. Multiple digital exhibits may be submitted by a party on one USB flash drive.
Rule 5104. Custody of Exhibits. Local Rule. Prohibition.
(a) Excluded from the requirements of Carbon County Rule of Judicial Administration 5102 regarding the custody, retention and safeguarding of exhibits offered into evidence, whether or not admitted, are record hearings which may be appealed de novo to the Carbon County Court of Common Pleas or upon which exceptions or objections can be filed to the Carbon County Court of Common Pleas. This exception includes but is not limited to proceedings before hearing officers in divorce, custody, support, delinquency, and dependency matters.
(b) Any exhibits offered into evidence in a proceeding excluded by this Rule from being subject to C.C.R.J.A. 5102 shall be retained by the hearing officer or master as Custodian thereof until thirty days after the time for filing an appeal, exceptions or objections has passed and shall thereafter be returned to the Proponent of the exhibit unless an appeal, exceptions or objections have been filed. In the event an appeal, exceptions or objections have been filed to the hearing officer's/master's findings and decision, upon being notified by the Court Stenographer that the required deposit for making a transcription has been received or is excused, the hearing officer/master shall transfer and deliver the exhibits to the Court Stenographer accompanied by a descriptive list of the exhibits transferred to be signed by the hearing officer/master and acknowledged in writing by the Court Stenographer, which list shall be retained by the Court Stenographer.
Rule 5105. Custody of Exhibits. Confidentiality. Exhibits Under Seal.
(a) The Proponent of an exhibit containing confidential information or confidential documents, as defined in the Case Records Access Policy of the Unified Judicial System of Pennsylvania (''Policy''), shall give a copy of the exhibit and a certification prepared in compliance with the Policy to the Court Stenographer no later than five days after the conclusion of the Court Proceeding, shall serve a copy on the presiding judge with a proposed order to have the document sealed or information therein kept confidential, if appropriate, and file a copy of the certification with the appropriate Records Office.
(b) Exhibits sealed by the Court during the Court proceeding shall not be accessible by the public.
[Pa.B. Doc. No. 24-390. Filed for public inspection March 22, 2024, 9:00 a.m.]
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