THE COURTS
Title 255—LOCAL COURT RULES
BERKS COUNTY
Amendments to Local Rules Custody of Exhibits in Court Proceedings; No. 24-1 Prothonotary; No. CP-06-AD-18-2024 Clerk of Courts; Orphans Ct. 60539
[54 Pa.B. 1814]
[Saturday, April 6, 2024]And Now, this 22 day of March 2024 it is hereby Ordered that the following Local Rules of Judicial Administration of the Court of Common Pleas of 23rd Judicial District of Pennsylvania, Berks County, are adopted as indicated, to be effective thirty (30) days after publication in the Pennsylvania Bulletin.
The District Court Administrator is Ordered and Directed to:
1. File one (1) copy to the Administrative Office of Pennsylvania Courts via email to adminrules@pacourts.us.
2. File two (2) paper copies and one (1) electronic copy in a Microsoft Word format only to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Publish these Rules on the Berks County Court website at www.berkspa.gov.
4. Incorporation of the local rule into the set of local rules on www.berkspa.gov within thirty (30) days after publication of the local rule in the Pennsylvania Bulletin.
5. File one (1) copy of the local rule in the appropriate filing office(s) for public inspection and copying.
M. THERESA JOHNSON,
President Judge
Local Rule—Custody of Exhibits (Berks County) Rule 5101. Custody of Exhibits. Exclusion of Certain Proceedings.
For purposes of the local rules governing custody of exhibits, the following hearings are excluded: proceedings before conference officers or hearing officers in custody, delinquency, dependency, and support matters with the exception of divorce master hearings.
Rule 5102. Custody of Exhibits. General Provisions.
(A) During Court Proceedings. Any documentary exhibits and photographs of non-documentary exhibits offered into evidence in a case will be placed in the custody of the assigned court reporter as custodian during the court proceeding, including breaks and recesses.
(B) After Court Proceedings. No later than five business days after the end of the court proceeding, the Evidence/Exhibit Storage Technician, as custodian, shall take custody of all documentary exhibits and photographs of non-documentary exhibits.
1. Evidence/Exhibit Storage Technician as custodian: Evidence/Exhibit Storage Technician shall:
i. retain or take custody of all documentary exhibits, photographs, and photographs of non-documentary exhibits accepted or rejected during the court proceeding; and
ii. file an Index of Exhibits with the corresponding Records office, as defined by Pa.R.J.A. 5101(a)(7), no later than five business days after the conclusion of the Court Proceeding pursuant to Pa.R.J.A. 5104(a)(2)
2. Index of Exhibits. The assigned court reporter as custodian shall include 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, which shall accompany the exhibits and be given to the Evidence/Exhibit Storage Technician.
3. Confidential Information Form. In all Court Proceedings, the Proponent shall include a properly completed Confidential Information Form or Confidential Document Form for any exhibit offered into evidence that contains confidential information or confidential documents as defined in the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. These forms shall be given by the Proponent to the assigned court reporter maintaining the Index of Exhibits at the time evidence is introduced.
Rule 5103. Custody of Exhibits. Special Provisions.
(A) Documentary Exhibits.
1. If 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 ensure that a copy of the document reduced to 8-1/2 × 11 inches (or smaller) is entered into the record. Items larger than 8-1/2 × 11 inches may be used for illustration during court proceedings.
2. A proponent who provides a reduced copy of an oversized exhibit shall ensure that the reproduced document is clear and capable of further reproduction or transfer to digital media in a format acceptable to the Court.
3. If a proponent offers into evidence a deposition of a witness via digital media, the digital media shall be a format acceptable to the Court and shall be marked as an exhibit. The submission of the same must be accompanied by a transcript of the deposition which shall also be marked as an exhibit.
4. Documentary exhibits, photographs, and photographs of non-documentary exhibits entered into the record are subject to existing record retention schedules.
(B) Non-documentary Exhibits: Generally.
1. If a proponent offers into evidence a non-documentary exhibit, the proponent shall ensure that a photograph (no larger in size than 8-1/2 × 11 inches) of the exhibit is entered into the record in lieu of the non-documentary exhibit.
2. The proponent shall retain custody of physical evidence (including, but not limited to weapons, cash, other items of value, drugs, or other dangerous materials as determined by the presiding judge) and bulky, oversized, or otherwise physically impractical exhibits at all times during and after a court proceeding.
3. During a Court Proceeding, the proponent shall exercise all appropriate safeguards necessary to protect the public based on the nature of the exhibit.
4. Non-documentary exhibits may only be disposed of or destroyed by an Order of Court.
[Pa.B. Doc. No. 24-459. Filed for public inspection April 5, 2024, 9:00 a.m.]
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