Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 24-1241

THE COURTS

Title 255—LOCAL COURT RULES

NORTHAMPTON COUNTY

Administrative Order 2024-14; Vacating Administrative Order 2015-5 and Adopting Local Rules N5102 and N5103; No.: C-48-CV-2024-7697

[54 Pa.B. 5608]
[Saturday, September 7, 2024]

Administrative Order

 And Now, this 22nd day of August, 2024, in accordance with the Pennsylvania Supreme Court's Order No. 596 and the promulgation of Pennsylvania Rules of Judicial Procedure 5101—5105, it is Ordered and Decreed that Administrative Order 2015-5 is hereby Vacated and replaced with Local Rules N5102 and N5103, as follows hereto.

 It is further Directed that the Court Administrator of Northampton County shall comply with all publishing requirements set forth in Pa.R.J.A. 103(c)(5)-(6), such as: filing two (2) certified copies of this Order with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; filing one (1) certified copy of the Order with the Administrative Office of Pennsylvania Courts; publishing a copy of this Order on the Court's website; and incorporating these procedures into the complete set of Northampton County Local Rules no later than thirty (30) days following publication in the Pennsylvania Bulletin.

 This local rule shall become effective on October 7, 2024, after no less than thirty (30) days of publication in the Pennsylvania Bulletin.

By the Court

CRAIG A. DALLY, 
President Judge

CUSTODY OF EXHIBITS IN COURT PROCEEDINGS

N5102. Custody of Exhibits. General Provisions.

 a) During Court Proceedings before Judge. Unless otherwise provided herein or ordered by the Court or Presiding Judge, the court reporter shall be the custodian of all documentary, photographic, non-documentary, and digital media evidence during court proceedings.

 b) After Court Proceedings before Judge. At the conclusion of court proceedings, the custodian shall:

 1) Retain or take custody of all documentary exhibits, photographs, photographs of non-documentary exhibits, and digital media exhibits;

 2) File all documentary exhibits, photographs, photographs of non-documentary exhibits, and digital media exhibits, along with an evidence retention form, with the appropriate records office within five (5) business days of the conclusion of the court proceedings; and

 3) Secure and maintain all other non-documentary evidence as directed by the Court or agreed to by the parties.

 c) During Proceedings Before Special Divorce Master, Juvenile Master or in Domestic Relations cases. Unless otherwise provided in Northampton County Local Rule N5103, or ordered by the Court, the court designee or court reporter is hereby designated as the custodian of all documentary, photographic, non-documentary, and digital media evidence offered during court proceedings before a special divorce master, juvenile master, or in domestic relations cases.

 d) After Proceedings Before Divorce Master, Juvenile Master or in Domestic Relations cases. At the conclusion of the proceedings, the custodian shall:

 1) Retain or take custody of all documentary exhibits, photographs, photographs of non-documentary exhibits, and digital media exhibits;

 2) File all exhibits, along with an evidence retention form, with the appropriate records office within five (5) business days from the conclusion of the proceedings; and

 3) Secure and maintain all other non-documentary evidence as directed by the Court or agreed to by the parties.

N5103. Custody of Exhibits. Special Provisions.

 a) Documentary Evidence

 1) If a proponent offers into evidence an exhibit that is larger than 8-1/2 × 11 inches, the proponent shall ensure a copy of the document reduced to 8-1/2 × 11 inches (or smaller) is entered 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)  A proponent who offers into evidence a photograph shall ensure that the original or a copy of the photograph in lieu of the original (no larger than 8-1/2 × 11 inches) is entered into the record.

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

 c) Non-Documentary Evidence: Generally

 1) If a proponent offers into evidence a non-documentary exhibit, the proponent shall ensure that a photograph (no larger than 8-1/2 × 11 inches) of the exhibit is entered into the record in lieu of the non-documentary exhibit.

 2) A proponent who provides a photograph of a non-documentary exhibit shall ensure that 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 staff and/or custodian to maintain, the court staff and/or custodian may direct the proponent offering the exhibit to maintain custody of, and secure, it during court proceedings.

 d) Non-Documentary Evidence: Weapons, Contraband, Hazardous Materials

 1) In any proceeding in which dangerous items are offered into evidence, the proponent shall secure the exhibits while the court proceedings are in session, as well as during all breaks and recesses. Dangerous items include, but are not limited to at the discretion of the Presiding Judge, weapons, cash, currency, money, negotiable instruments, other items of value, drugs, dangerous materials, guns, knives, explosives, controlled substances, narcotics, intoxicants, toxic material, biological items, and biohazards.

 2) During the proceedings, breaks, and recesses, the proponent shall exercise all appropriate safeguards necessary to protect the public based on the nature of the exhibit.

 3) Exhibits deemed to be dangerous items are prohibited from viewing in the jury room. Alternative viewing methods may be approved by the Presiding Judge if requested by the jury.

 4) Once the court proceedings have concluded, the proponent, the proponent's designee, or such other person as designated by the Presiding Judge shall maintain custody of the dangerous item offered in to evidence.

 e) Use of Digital Media. A proponent entering digital exhibits into the record shall provide said exhibits on a flash drive, thumb drive, USB drive, or other portable media-containing device.

 f) Duplicates. The court may direct that an original item, and not a duplicate, be entered into the record.

 g) Copies for Court. Proponents must provide copies of all documentary exhibits, photographs, photographs of non-documentary exhibits, and digital media exhibits to the Presiding Judge, opposing counsel and/or pro se party, and the court reporter during the court proceedings.

 h) Confidentiality. Exhibits Under Seal. Exhibits filed confidentially pursuant to Sections 7.0 and 8.0 of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, otherwise sealed by court order, or unavailable for public inspection pursuant to Pennsylvania law shall not be accessible to the public.

[Pa.B. Doc. No. 24-1241. Filed for public inspection September 6, 2024, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.