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PA Bulletin, Doc. No. 24-425

THE COURTS

Title 255—LOCAL COURT RULES

WESTMORELAND COUNTY

Custody of Exhibits; No. 3 of 2024

[54 Pa.B. 1666]
[Saturday, March 30, 2024]

Administrative Order of Court

 And Now, this 25th day of March 2024, It Is Hereby Ordered that Westmoreland County Rule of Judicial Administration WJ5102 is hereby adopted. This change is effective 30 days after publication in the Pennsylvania Bulletin. The order of March 18, 2024 has been amended to correct Civil Procedure to Judicial Administration.

By the Court

CHRISTOPHER A. FELICIANI, 
President Judge

Westmoreland County Rule of Judicial Administration WJ5102.

Custody of Exhibits

 (A) During Court Proceedings:

 (1) Prior to moving for admission of the exhibit, the proponent of the exhibit shall be the custodian of the exhibit and shall secure and maintain the exhibit during the court proceeding, including breaks and recesses.

 (2) At the time of the proposed admission of the exhibits, the Court Assistant-Monitor shall be the custodian of the exhibits. The Court Assistant-Monitor shall secure and maintain the exhibits during the court proceedings, including breaks and recesses, unless otherwise provided in Pa.R.J.A. 5103(c)-(d).

 (B) After Court Proceedings:

 (1) Court Assistant-Monitor shall:

 a. retain custody of all exhibits admitted in the court proceeding and accepted by the Court during the proceeding;

 b. return any non-documentary exhibits to the proponent unless the Court orders otherwise;

 c. file all exhibits with the appropriate filing office (Clerk of Courts for Criminal Court; Prothonotary for Civil Court, Register of Wills/Clerk of the Orphans' Court for Orphans' Court) within five (5) business days of the conclusion of the court proceeding unless otherwise directed by the Court; and

 d. secure and maintain all other non-documentary exhibits as directed by the Court or agreed to by the parties.

 (2) The Court Assistant-Monitor filing the exhibits with the appropriate filing office shall include a numbered list of the exhibits which (a) identifies the proponent of the exhibit, (b) whether or not the exhibit was admitted, and (c) a description or identification of the exhibit.

 (3) If the Court Assistant-Monitor does not file the exhibits as required by subdivision (B)(1)(b), the proponent may seek appropriate relief with the Court.

 (C) Special Provisions:

 (1) Any proponent of an oversized documentary exhibit shall ensure that a reduced size copy of the exhibit is entered into evidence. See Pa.R.J.A. 5103(a).

 (2) Any proponent of an oversized photographic exhibit shall ensure that a reduced size copy of the photograph is entered into evidence. See Pa.R.J.A. 5103(b).

 (3) Any proponent of a non-documentary exhibit shall ensure that a photograph, no larger than 8 1/2 × 11 inches, of the exhibit be entered into the record in lieu of the non-documentary exhibit. If the non-documentary exhibit is physically impractical for the Court Assistant-Monitor to maintain, the proponent of the exhibit may be directed to maintain custody of the exhibit and to secure the exhibit during the court proceeding. See Pa.R.J.A. 5103(c).

 (4) Weapons, cash, items of value, contraband, and hazardous materials shall remain in the custody of the proponent who shall secure the exhibit during the court proceeding as well as during all breaks and recesses. See Pa.R.J.A. 5103(d).

 (5) The proponent of digital exhibits shall ensure that the exhibit is in a format acceptable to the Court.

 (d) Retention of Exhibits: For retention of civil exhibits, please refer to WJ507A.

 (e) This Rule shall not apply to proceedings in the magisterial district courts or proceedings before hearing officers in divorce, custody, support, delinquency, and dependency matters.

[Pa.B. Doc. No. 24-425. Filed for public inspection March 29, 2024, 9:00 a.m.]


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