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PA Bulletin, Doc. No. 24-463

THE COURTS

Title 255—LOCAL COURT RULES

MIFFLIN COUNTY

Adoption of Local Rules 5101, 5102, 5103 and 5105 Custody of Exhibits; CP-44-CV-2-2024

[54 Pa.B. 1820]
[Saturday, April 6, 2024]

Administrative Order

 And Now, this 22nd day of March, 2024, with respect to the Mifflin County Local Rules of Court, the Court hereby Orders the following:

 The following new Mifflin County Local Rules of Court, 5101, 5102, 5103 and 5105 are hereby Adopted and shall become effective thirty (30) days after publication of same in the Pennsylvania Bulletin.

Rule MC5101. Definitions.

 (a) Any word or phrase used in these local rules that are defined in Pa.R.J.A. 5101(a) shall have the meaning and definition as set forth in Pa.R.J.A. 5101(a)(1)—(7), unless the context clearly indicates otherwise, or the particular word or phrase is expressly defined in the local rule in which the particular rule is included.

 (b) For any words and phrases not defined in Pa.R.J.A. 5101, a meaning may be discerned through examination of its dictionary definition and its legal meaning may be gleaned from its use in an applicable body of law.

Rule MC5102. Custody of Exhibits. General Provisions.

 (a) During Court Proceedings. The Court Reporter shall be designated as custodian of all documentary exhibits and photographs and non-documentary exhibits accepted or rejected during court proceedings. The custodian shall secure and maintain all exhibits during a court proceeding, including breaks and recesses. However, if the Court Reporter is not present during the court proceeding, such as if the proceeding is being electronically and/or digitally recorded, the Digital Court Recorder serving that courtroom shall be designated as such custodian, and shall, immediately upon the conclusion of the proceeding, deliver such exhibits to the custody of the Court Reporter.

 (b) After Court Proceedings. The Court Reporter shall be designated as the custodian of all documentary exhibits and photographs and all non-documentary exhibits accepted or rejected during the court proceedings after the court proceedings have concluded.

 (1) Custodian. The custodian shall:

 (i) retain and take custody of all documentary exhibits, photographs, and non-documentary exhibits accepted or rejected during the court proceeding;

 (ii) within five (5) business days, file of record with the Prothonotary, Clerk of Court, Clerk of the Orphans' Court in the case file, 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;

 (iii) immediately secure all such exhibits in a secured and locked vault provided to the Court Reporter for such purposes, with access thereto to be provided only under the control and supervision of the Court Reporter, the Court Administrator and the Deputy District Court Administrator, unless otherwise directed by the court.

Rule MC5103. 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 may provide a copy reduced to 8-1/2 × 11 inches for entry into the record.

 (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.

 (b) Photographs.

 (1) If a proponent offers into evidence a photograph, the proponent shall ensure the original or a copy of the photograph in lieu of the original (no larger in size than 8-1/2 × 11 inches) is entered into the record.

 (2) A proponent who provides a copy of a photograph shall ensure the reproduced document is clear and capable of further reproduction or transfer to digital media.

 (c) Non-documentary Exhibits: Generally.

 (1) If a proponent offers into evidence a non-documentary exhibit, the proponent may be directed to provide a photograph (no larger in size than 8-1/2 × 11 inches) of the exhibit to be entered into the record.

 (2) A proponent who provides a photograph of a non-documentary exhibit shall ensure the photograph is clear and capable of further reproduction or transfer to digital media.

 (3) If the exhibit is bulky, oversized, or otherwise physically impractical for the Court Reporter or Digital Court Recorder to maintain, the Court may direct the proponent offering the exhibit to maintain and secure the exhibit during the court proceeding.

 (d) Non-documentary Exhibits: Weapons, Contraband, Hazardous Materials.

 (1) In any proceeding in which weapons, cash, other items of value, drugs, or other dangerous materials are offered into evidence, the Court Reporter or Digital Court Recorder shall secure the exhibits while the court proceeding is in session as well as during all breaks and recesses.

 (2) During the proceeding, the Court Reporter or Digital Court Recorder shall exercise all appropriate safeguards necessary to protect the public based on the nature of the exhibit.

 (3) Exhibits comprised of weapons, cash, other items of value, drugs, or other dangerous materials are prohibited from viewing in the jury room. The Court may direct alternative viewing arrangements for such exhibits upon the request of the jury.

 (e) Use of Digital Media. A proponent shall ensure an exhibit in digital format entered into the record is in a format acceptable to the Court.

 (f) Duplicates. The Court may direct the original item, and not a duplicate, be entered into the record.

Rule MC5105. Confidentiality. Exhibits Under Seal.

 (a) If an exhibit offered into evidence contains confidential information or confidential documents as defined in the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (''Policy''), the Court may direct the exhibit be sealed and a certification prepared in compliance with the Policy be affixed thereto.

 (b) Any exhibit sealed by the Court shall not be accessible to the public.

By the Court

AARON L. GINGRICH, 
President Judge

[Pa.B. Doc. No. 24-463. Filed for public inspection April 5, 2024, 9:00 a.m.]


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