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PA Bulletin, Doc. No. 24-494

THE COURTS

Title 255—LOCAL COURT RULES

LUZERNE COUNTY

Order Adopting Rule of Judicial Administration 5102; No. 00033 of 2024

[54 Pa.B. 1948]
[Saturday, April 13, 2024]

Order

 And Now, this 28 day of March 2024, it is hereby Ordered and Decreed as follows:

 1. The Luzerne County Court of Common Pleas of the 11th Judicial District of Pennsylvania hereby adopts Luzerne County Rule of Judicial Administration 5102, a true and correct copy of which is following hereto.

 2. Pursuant to Pa.R.J.A. 103(c), the following Luzerne County Rule of Judicial Administration shall be disseminated and published in the following manner:

 a. One copy via email to the Administrative Office of Pennsylvania Courts;

 b. Two paper copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin and one electronic copy via e-mail saved in a Microsoft format to bulletin@palrb.us;

 c. One copy for publication on the Court's website, located at www.luzernecounty.com; and,

 d. One copy to the Luzerne County Office of Court Administration, Luzerne Legal Register, and the Luzerne County Clerk of Judicial Records for public inspection and copying.

 3. It is further Ordered that the effective date of this Order shall be thirty (30) days after the date of Publication in the Pennsylvania Bulletin.

 4. It is further Ordered that these local rules shall be kept continuously available for public inspection and copying in the Office of Judicial Services and Records of Luzerne County.

By the Court

MICHAEL T. VOUGH, 
President Judge

Custody and Storage of Exhibits

Rule 5102. General Provisions.

 (a) During the Court Proceedings. The court reporter is responsible to act as the custodian of exhibits with the exception of contraband, weapons, money, or other dangerous materials. The moving party shall keep custody of and be responsible for all contraband, weapons, money, or other dangerous materials. The appropriate custodian shall secure and maintain all exhibits during the court proceedings, including breaks and recesses.

 (b) After the Court Proceedings.

 (1) The moving party shall keep custody of and be responsible for all non-documentary material submitted into evidence at trial, including contraband, weapons, money, or other dangerous materials. The materials shall not be left in the courtroom at the conclusion of the trial.

 (2) The moving party shall retain all trial exhibits which are larger than 8.5 × 11. The moving party shall submit an original or copy of the trial exhibit no larger than 8.5 × 11 to the court reporter which will be entered into the permanent record. The court reporter shall file a copy of the trial exhibits with the appropriate filing office within five (5) days of the conclusion of the court proceedings.

 (3) The moving party is responsible for copying any digital evidence (videotapes, phone calls, etc.) presented at trial on a DVD, CD or USB flash drive and submitting same to the court reporter. The court reporter shall file a copy with the appropriate filing office within five (5) days of the conclusion of the court proceedings.

 (c) Index of Exhibits. The court reporter will provide each party with a proposed trial exhibit form, in substantially the format set forth in Form 1 of the Appendix to these Rules, for each party to utilize during trial which will be provided to the court reporter at the conclusion of the proceedings to prepare an accurate index of exhibits. Immediately upon the termination of court proceeding, the court reporter shall assemble and identify all such exhibits in the case including a numbered list of exhibits, identify the proponent of each exhibit, whether the exhibit was admitted or rejected from evidence, and a description or identification of the exhibit. The court reporter shall be responsible for filing this exhibit list with the appropriate filing office within five (5) days of the conclusion of the court proceedings.

 (d) After Final Disposition of the Case. This will include the expiration of any applicable appeal period, the moving party may, after notice to counsel for all parties, petition the Court for an order authorizing the removal and disposition by destruction, or otherwise, of any non-documentary exhibit or any tangible exhibit of a size or weight precluding its enclosure in a regular case file.

 (e) Exclusions. This rule excludes proceedings before hearing officer in divorce, custody, support, delinquency, and dependency matters.


FORM 1

INDEX OF EXHIBITS

Case Name: __________

Docket No: ______ Judge: _________________ Courtroom: _____ Date: ______

PLF/
COMM		DEFTDescription of ExhibitAdmittedWitnessBulk
Exhibit
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

*Bulk Exhibit—Weapons, cash, contraband, bulky or oversized items

[Pa.B. Doc. No. 24-494. Filed for public inspection April 12, 2024, 9:00 a.m.]


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