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PA Bulletin, Doc. No. 24-709

THE COURTS

Title 255—LOCAL COURT RULES

FAYETTE COUNTY

Custody of Exhibits in Court Proceedings; F.C.R.J.A. 5104; No. 930 of 2024 G.D.

[54 Pa.B. 2755]
[Saturday, May 18, 2024]

Order

 And Now, this 8th day of May 2024, it is hereby Ordered that the local rule of judicial administration of Custody of Exhibits in Court Proceedings is adopted as follows. Further, it is hereby Ordered that the Fayette County Administrative Order of Custody of Evidence Admitted in Court adopted September 9, 2014, is hereby rescinded.

 The Prothonotary is directed as follows:

 (1) A copy of the order and rule shall be filed with the Administrative Office of Pennsylvania Courts via e-mail to adminrules@pacourts.us.

 (2) Two copies of the order and rule shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. The local rule shall be e-mailed in Microsoft Word format to bulletin@palrb.us.

 (3) One copy of the order and rule shall be sent to the Fayette County Law Library and the Editor of the Fayette Legal Journal.

 The Administrative Office of Fayette County Courts is directed as follows:

 (1) Publish a copy of this rule on the website of Administrative Office of Fayette County Courts at www.fayettecountypa.org.

 (2) Compile the rule within the complete set of local rules no later than 30 days following publication in the Pennsylvania Bulletin.

 The local rule of Custody of Exhibits in Court Proceedings shall become effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

STEVE P. LESKINEN, 
President Judge

Rule 5104. Custody of Exhibits in Court Proceedings.

 (a) Designation of Custodian.

 1. In court proceedings before a Judge, the Court Reporter is designated as the custodian to safeguard and maintain exhibits introduced in a court proceeding.

 2. In court proceedings before a Hearing Officer, the Hearing Officer is designated as the custodian to safeguard and maintain exhibits introduced in the court proceeding.

 (b) During Court Proceedings.

 1. Throughout court proceedings, all documentary and non-documentary exhibits shall remain in the custody of the proponent until the exhibit is offered for admission into the record.

 2. Non-documentary exhibits, including, but not limited to, weapons, cash, other items of value, drugs, and other dangerous contraband or materials, and bulky, oversized, or otherwise physically impractical exhibits for the custodian to maintain shall remain in the custody of the proponent during court proceedings.

 3. Non-documentary exhibits shall be photographed by the proponent and the photograph shall be appropriately marked and produced during the court proceedings for inclusion in the official case record.

 4. After being offered into evidence, whether accepted or rejected by the presiding Judge or Hearing Officer, documentary and photograph exhibits shall then be placed in the custody of the custodian.

 5. The proponent may reduce oversized documentary exhibits to 8.5 × 11 inches paper, so long as the quality is not compromised, or may submit the exhibits digitally via a CD or USB flash drive as a PDF with a file name identifying the exhibit.

 6. The proponent may submit voluminous documentary exhibits digitally via a CD or USB flash drive as a PDF with a file name identifying the exhibit.

 (c) After Court Proceedings.

 1. Proponent Responsibilities.

 i. The proponent of non-documentary exhibits shall safeguard and maintain such exhibits and may only dispose of or destroy non-documentary exhibits as required by any applicable records retention periods or by Order of Court.

 ii. If not submitted during the court proceedings, the proponent shall provide to the custodian a photograph (no larger in size than 8.5 × 11 inches) of the non-documentary exhibits in lieu of the non-documentary exhibit, within five business days of the conclusion of the court proceeding.

 2. Custodian Responsibilities.

 i. The custodian shall retain or take custody of all documentary exhibits, photographs, and photographs of non-documentary exhibits accepted or rejected during the court proceeding.

 ii. The custodian shall prepare and 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. The custodian shall file all documentary exhibits, photographs, and photographs of non-documentary exhibits with the records office within five business days of the conclusion of the court proceeding unless otherwise directed by the court.

 (d) All other issues regarding custody of exhibits in court proceedings shall be governed by Pennsylvania Rule of Judicial Administration 5101—5104.

[Pa.B. Doc. No. 24-709. Filed for public inspection May 17, 2024, 9:00 a.m.]


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