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PA Bulletin, Doc. No. 24-424

THE COURTS

Title 255—LOCAL COURT RULES

WASHINGTON COUNTY

Adoption of Local Rules of Judicial Administration L-5101—L-5105; No. 2024-1

[54 Pa.B. 1665]
[Saturday, March 30, 2024]

Administrative Order

 And Now, this 8th day of March, 2024, in accordance with the directives contained in Pennsylvania Rules of Judicial Administration 5101, et seq., and in order to effectuate the purposes thereof, it is hereby Ordered, Adjudged, and Decreed that Washington County Local Rules of Judicial Administration L-5101—L-5105 are adopted as follows:

Rule L-5101. Custody of Exhibits. Exclusion of Certain Proceedings.

 For purposes of the local rules governing custody of exhibits, record hearings that may be appealed de novo to the court of common pleas or upon which exceptions or objections may be filed, including, but not limited to, proceedings before conference officers or hearing officers in custody, delinquency, dependency, divorce, and support matters are excluded from compliance.

Rule L-5102. General Provisions.

 (a) During all court proceedings a member of court staff shall be designated as the custodian. The custodian is responsible for securing and maintaining documentary and photographic exhibits throughout the court proceeding.

 (1) The custodian should not be a court reporter but another member of court staff. In proceedings before a common pleas judge, the custodian shall be a member of the judge's chambers staff.

 (2) Non-documentary exhibits shall be secured and maintained by the proponent, unless otherwise ordered by the Court.

 (b) The member of court staff designated as the custodian shall maintain create an index of all exhibits offered as evidence. The index shall set forth the name and docket number of the case, the number or letter of the exhibit, the proponing party, whether the exhibit was admitted or denied, and a description of the exhibit.

 (1) A copy of the index shall be filed with the records office. The records office shall docket and accept the index for filing. The docket description shall be in a manner as directed by the Court, or its designee, and must include a location describing where the exhibit(s) are being stored. Long-term storage of exhibits shall be in a location under the control and supervision of the Court.

 (2) Following the conclusion of court proceedings, the proponent shall maintain non-documentary exhibits as set forth in Rule L-5103, unless otherwise ordered by the Court.

 (3) If exhibits are transferred from the possession of the Court to a proponent, the Court shall enter an order reflecting the transfer. The order shall be docketed at the number for the applicable case.

 (c) A proponent that is responsible for possession and maintenance of an exhibit shall secure such exhibit for a minimum of the following time periods:

 (1) Civil matters. A period of thirty (30) days after the conclusion of the case and the expiration of the appeal period; or final disposition of an appeal if one is taken.

 (2) Criminal matters:

  (i) Homicides. A period of seventy-five (75) years.

  (ii) Summary cases. A period of five (5) years.

  (iii) All other cases. A period of twenty (20) years.

 (3) Juvenile matters. Until the juvenile reaches age twenty-five (25) or ten (10) years after the last action on the case, whichever is later.

 (4) Orphans' Court matters. Not less than the timeframes set forth in the County Records Manual pertaining to the ''Office of the Register of Wills and Clerk of the Orphans' Court.''

Rule L-5103. Special Provisions.

 (a) Documentary exhibits may not be submitted in a size larger than 8.5 by 11 inches. Any document larger than those dimensions shall be considered a non-documentary exhibit.

 (b) Any photograph entered into the record may not be in a size larger than 8.5 by 11 inches. An oversized photograph may be used for demonstrative purposes if permitted by the Court.

 (c) If a proponent offers into evidence a non-documentary exhibit, the proponent shall provide a photograph of the exhibit that does not exceed a size of 8.5 by 11 inches.

 (d) If a proponent intends to offer a weapon, contraband, or hazardous materials into evidence, the proponent shall provide reasonable notice to the Court prior to the court proceeding.

 (e) An exhibit in a digital media format may only be offered with prior permission of the Court. Nothing in this rule shall prohibit the Court from ordering that a proponent provides an exhibit, or a copy or photograph of same, in a digital media format in lieu of a physical exhibit. The use of any digital media must be in a format that is acceptable to the Court. A proponent should never assume that their chosen technology will be acceptable or its use permitted; arrangements for the use of digital media should be made well in advance of the court proceeding.

 (f) Duplicates of any exhibit may be entered into the record with permission of the Court. The duplicate must be clear, legible, and in a format approved by the Court.

Rule L-5104. Case Management System.

 (a) The Court may require the use of C-Track case management system for the submission and/or storage of documentary and photographic exhibits and digital media.

 (b) The use of the C-Track case management system by a record office for the submission and/or storage of such exhibits and media shall be in a form and manner directed by the Court, or its designee.

 (c) Nothing shall prohibit the Court, or its staff, from filing the index of exhibits and/or the exhibits directly into the C-Track case management system.

Rule L-5105. Confidentiality. Exhibits Under Seal.

 (a) Exhibits that contain confidential information or are a confidential document as defined in the Case Records Public Access Policy of the Unified Judicial System shall be affixed with the appropriate form required by the Policy.

 (b) Exhibits that contain confidential information or are filed under seal shall not be accessible by the public.

 (c) To the extent any confidential and/or sealed exhibit is filed within the C-Track case management system, the records office shall mark the docket and maintain the exhibit in a manner prescribed by the Court, or its designee.

 The aforementioned local rules of judicial administration shall be effective and enforceable following publication in the Pennsylvania Bulletin pursuant to Pa.R.J.A. 103(c)(5). The District Court Administrator is directed to:

 1. File copies of this Administrative Order and the adopted local rules with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

 2. File one (1) electronic copy of this Administrative Order and the adopted local rules with the Administrative Office of Pennsylvania Courts;

 3. Arrange for the publication of the local rules on the website for the Twenty-seventh Judicial District, www. washingtoncourts.us, within thirty (30) days of the effective date; and

 4. Cause a copy hereof to be published in the Washington County Reports once a week for two (2) successive weeks at the expense of the County of Washington.

By the Court

GARY GILMAN, 
President Judge

[Pa.B. Doc. No. 24-424. Filed for public inspection March 29, 2024, 9:00 a.m.]


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