THE COURTS
Title 255—LOCAL COURT RULES
MONTOUR COUNTY
Custody of Exhibits; 37 AD 2024; 1 CV 2024
[54 Pa.B. 6567]
[Saturday, October 19, 2024]
Order And Now, this 27 day of September, 2024, pursuant to Pa.R.J.A. 5101(a)(1),
It Is Hereby Ordered as follows:
1. The custodian of all exhibits shall be the Clerk of Courts or the Court's designee.
2. Throughout a court proceeding, all exhibits shall remain in the custody of the proponent until the exhibit is offered for admission into the record. The exhibit shall then be placed in the temporary custody of the court reporter/recorder, technician or Court designee. The Court reporter/recorder, technician or designee shall utilize the Index of Exhibits form supplied by Court Administration to log all the exhibits presented by the Proponent.
3. Digital media that is presented as exhibits shall be saved by the proponent on a thumb drive, flash drive, USB drive, CD-ROM, DVD or other portable media containing device that is properly labeled with the exhibit identifier used on the record and presented to the custodian.
4. As time permits, the Court reporter/recorder, technician or designee, shall deliver the documentary and non-documentary exhibits to the Custodian at the conclusion of each business day during the Court Proceeding. The Custodian shall retrieve and have the items available before the Court Proceeding resumes each day.
5. The Custodian shall take steps necessary to file all exhibits, whether offered for admission during the Court Proceeding or as ordered by the presiding judge, to be made a part of the case file with the Records Office, not later than five business days after the conclusion of the Court proceeding pursuant to Pa.R.J.A. 5104(a)(2).
6. This Order shall be effective within thirty (30) days after publication thereof in the Pennsylvania Bulletin, and shall govern all criminal and civil matters.
7. The District Court Administrator, in accordance with Pa.R.Crim.P. 105, shall:
a. File one (1) copy of this Order with the Administrative Office of the Pennsylvania Courts via email to adminrules@pacourts.us;
b. File with the Legislative Bureau for publication in The Pennsylvania Bulletin;
c. Publish one (1) copy of this Order on the Columbia-Montour 26th Judicial District County Court website.
By the Court
HONORABLE GARY E NORTON,
President Judge
LOCAL RULES OF JUDICIAL ADMINISTRATION (''L.R.J.A.'')
PERTAINING TO CUSTODY OF EXHIBITS
FOR THE 26TH JUDICIAL DISTRICT
COLUMBIA AND MONTOUR COUNTIES L.R.J.A. 5102.1. Custody of Exhibits Generally.
(a) Application. These Rules, L.R.J.A. 5102.1—5103.2 and Pa.R.J.A. 5101—5105, shall apply to Court Proceedings as defined by Pa.R.J.A. 5101(a)(1).
(b) Index of Exhibits and Confidential Information.
1. During Criminal Court Proceedings, a member of the Clerk of Courts' office (the ''Clerk of Courts'') or, if the Clerk of Courts is not available, a Court designee, shall maintain the Index of Exhibits. The Clerk of Courts, or the Court designee, shall utilize the Exhibit List form provided by the AOPC/CPCMS program. To the extent the AOPC/CPCMS Exhibit List form is not available or accessible, the Clerk of Courts or the Court designee shall utilize the Index of Exhibits form supplied by Court Administration substantially in the form appended at the end of these Rules.
2. During all Non-Criminal Court Proceedings, the Court Reporter, Court Transcriptionist/Recorder, Courtroom Technician or Court designee shall maintain the Index of Exhibits. The Court Reporter, Court Transcriptionist/Recorder, Courtroom Technician or Court designee shall utilize the Index of Exhibits form supplied by Court Administration substantially in the form appended at the end of these Rules.
3. 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 entity responsible for maintaining the Index of Exhibits at the time evidence is introduced.
4. The Index of Exhibits shall be filed of record with the corresponding Records Office, as defined by Pa.R.J.A. 5101(a)(7), not later than five business days after the conclusion of the Court Proceeding pursuant to Pa.R.J.A. 5104(a)(2).
(c) Weapons, Contraband, and Hazardous Materials Pursuant to Pa.R.J.A. 5103(d), and Other Dangerous Items.
1. Dangerous Items Defined. ''Dangerous Items'' within these Rules shall include, but are not limited to, weapons, cash, currency, money, negotiable instruments, other items of value, drugs, dangerous materials, guns, knives, explosives, controlled substances, narcotics, intoxicants, toxic materials, biological items, and biohazards. ''Dangerous Items'' may also include other items not specifically defined herein as determined by the presiding judge.
2. Each presiding judge in any Court Proceeding may issue special instructions to address the method by which Dangerous Items are offered into evidence, including the party that shall secure the exhibits while the Court Proceeding is in session, as well as during all breaks and recesses, which method shall be directed by the presiding judge.
3. In the absence of a Court Order, in any Court Proceeding where Dangerous Items are offered into evidence, the Proponent shall secure the exhibits while the Court Proceeding is in session, as well as during all breaks and recesses.
4. During a Court Proceeding, the Proponent shall exercise all appropriate safeguards necessary to protect the public based on the nature of the exhibit.
5. Exhibits comprised of Dangerous Items are prohibited from viewing in the jury room. The Court may direct alternative viewing arrangements for such exhibits upon the request of the jury.
6. At the conclusion of a Court Proceeding, all Dangerous Items which have been offered into evidence, whether or not admitted of record, shall be kept in the custody of the Proponent, the Proponent's Designee, or such other person as designated by the presiding judge.
7. Dangerous Items categorized under this Rule may only be disposed of or destroyed by an Order of Court.
8. If there are Dangerous Items which require temporary storage, the Sheriff's Office shall provide the Proponent with an escort to the Records Office, as defined by Pa.R.J.A. 5101(a)(7), or other secure area designated by the presiding judge.
9. Dangerous Items shall be subject to requirements pertaining to non-documentary exhibits and photographing of the same, pursuant to Pa.R.J.A. 5103(c) and L.R.J.A. 5103.1.
L.R.J.A. 5102.2. Custody of Exhibits During and After Proceedings.
(a) Proceedings Docketed with the Prothonotary.
1. Custodian Defined. Except as provided in Pa.R.J.A. 5103(d) and L.R.J.A. 5102.1(c), the Custodian of all exhibits shall be the Prothonotary or the Court's designee.
2. Custody of Exhibits During a Court Proceeding. Throughout a Court Proceeding, all documentary and non-documentary exhibits shall remain in the custody of the Proponent until the exhibit is offered for admission into the record. Whether accepted or rejected by the presiding judge, the exhibit shall then be placed in the temporary custody of the Court Reporter, Court Transcriptionist/Recorder, Courtroom Technician or Court designee. As time permits, the Court Reporter, Court Transcriptionist/Recorder, Courtroom Technician or Court Designee shall deliver the documentary and non-documentary exhibits to the Custodian at the conclusion of each business day during the Court Proceeding. The Court Reporter, Court Transcriptionist/Recorder, Courtroom Technician, or Court designee shall retrieve the documentary and non-documentary exhibits from the Custodian before the Court Proceeding resumes each day. Notwithstanding this subdivision, the presiding judge may direct otherwise.
3. Custody of Exhibits After a Court Proceeding. The Custodian shall take steps necessary to file all exhibits, whether offered for admission during the Court Proceeding or as ordered by the presiding judge, to be made a part of the case file with the Records Office, as defined by Pa.R.J.A. 5101(a)(7), not later than five business days after the conclusion of the Court Proceeding pursuant to Pa.R.J.A. 5104(a)(2).
(b) Proceedings Docketed with the Clerk of Courts.
1. Custodian Defined. Except as provided in Pa.R.J.A. 5103(d) and L.R.J.A. 5102.1(c), the Custodian of all exhibits shall be the Clerk of Courts or the Court's designee.
2. Custody of Exhibits During a Court Proceeding. Throughout a Court Proceeding, all documentary and non-documentary exhibits shall remain in the custody of the Proponent until the exhibit is offered for admission into the record. Whether accepted or rejected by the presiding judge, the exhibit shall then be placed in the Custodian's custody. Notwithstanding this subdivision, the presiding judge may direct otherwise.
3. Custody of Exhibits After a Court Proceeding. The Custodian shall take steps necessary to file all exhibits, whether offered for admission during the Court Proceeding or as ordered by the presiding judge, to be made a part of the case file with the Records Office, as defined by Pa.R.J.A. 5101(a)(7), not later than five business days after the conclusion of the Court Proceeding pursuant to Pa.R.J.A. 5104(a)(2).
(c) Proceedings Docketed with the Orphans' Court.
1. Custodian Defined. Except as provided in Pa.R.J.A. 5103(d) and L.R.J.A. 5102.1(c), the Custodian of all exhibits shall be the Clerk of the Orphans' Court or the Court's designee.
2. Custody of Exhibits During a Court Proceeding. Throughout a Court Proceeding, all documentary and non-documentary exhibits shall remain in the custody of the Proponent until the exhibit is offered for admission into the record. Whether accepted or rejected by the presiding judge, the exhibit shall then be placed in the Custodian's custody. Notwithstanding this subdivision, the presiding judge may direct otherwise.
3. Custody of Exhibits After a Court Proceeding. The Custodian shall take steps necessary to file all of the exhibits, whether offered for admission during the proceeding or as ordered by the presiding judge, to be made a part of the case file with the Records Office, as defined by Pa.R.J.A. 5101(a)(7), not later than five business days after the conclusion of the Court Proceeding pursuant to Pa.R.J.A. 5104(a)(2).
(d) Proceedings before the Juvenile Court.
1. Custodian Defined. Except as provided in Pa.R.J.A. 5103(d) and L.R.J.A. 5102.1(c), the Custodian of all exhibits in Juvenile Court shall be the Juvenile Probation Office or the Court's designee.
2. Custody of Exhibits During a Juvenile Court Proceeding. Throughout a Juvenile Court Proceeding, all documentary and non-documentary exhibits shall remain in the custody of the Proponent until the exhibit is offered for admission into the record. Whether accepted or rejected by the presiding judge, the exhibit shall then be placed in the Custodian's custody. Notwithstanding this subdivision, the presiding judge may direct otherwise.
3. Custody of Exhibits After a Juvenile Court Proceeding. The Custodian shall take steps necessary to file all exhibits, whether offered for admission during the Court Proceeding or as ordered by the presiding judge, to be made a part of the case file with the Records Office, as defined by Pa.R.J.A. 5101(a)(7), not later than five business days after the conclusion of the Court Proceeding pursuant to Pa.R.J.A. 5104(a)(2).
(e) Proceedings before a record Hearing Officer or Master.
1. Custodian Defined. Except as provided in Pa.R.J.A. 5103(d) and L.R.J.A. 5102.1(c), the Custodian of all exhibits shall be the Hearing Officer, Master or the Court's designee.
2. Custody of Exhibits During a Court Proceeding. Throughout a Court Proceeding, all documentary and non-documentary exhibits shall remain in the custody of the Proponent until the exhibit is offered for admission into the record. Whether accepted or rejected by the Hearing Officer or Master, the exhibit shall then be placed in the Custodian's custody. Notwithstanding this subdivision, the parties may agree to an alternate custodial process if approved by the Hearing Officer and confirmed on the record.
3. Custody of Exhibits After a Court Proceeding. The Custodian shall take steps necessary to file all exhibits offered for admission during the Court Proceeding with the Records Office, as defined by Pa.R.J.A. 5101(a)(7), within five business days of the conclusion of the Court Proceeding or within five business days of the lodging of the final decision by the Hearing Officer.
L.R.J.A. 5103.1. Custody of Exhibits. Special Provisions.
(a) Photographs and Photographs of Non-Documentary Exhibits.
1. In advance of a proceeding, the Proponent shall prepare potential photographic exhibits pursuant to Pa.R.J.A. 5103(b) and a physical, photographic copy of each potential, non-documentary exhibit pursuant to Pa.R.J.A. 5103(c).
(b) Digital Media and Digital Format. Evidence in digital media format or digital format used or presented at trial shall be retained by the Proponent. The Proponent (and not court personnel) shall be responsible for hardware and software sufficient to allow review of the same in court. Digital media or digitally formatted exhibits shall be saved on a thumb drive, flash drive, USB drive, CD-ROM, DVD or other portable media-containing device, and shall be properly labeled with the exhibit identifier used on the record and shall be retained during and after the hearing or trial by the Custodian. The Proponent shall prepare in advance and make available at trial or hearing an envelope not exceeding 8 1/2 by 11 inches and shall place the portable media-containing device in the envelope which shall be labeled with the case name, the case docket number, and the exhibit identifier used on the record and shall present the same to the Custodian.
THE COURT OF COMMON PLEAS OF THE 26th JUDICIAL DISTRICT OF PENNSYLVANIA
Index of Exhibits Case Name: __________
Docket Number: __________
Proceeding: __________
Date: __________
Presiding Judge: __________
Parties/Counsel Present: __________
_______________________________________________
Number Description/Title Proponent Admitted Rejected Sealed
by CourtConfidential Info
Sheet Required?Name of Person Completing this Index:
_________________
[Pa.B. Doc. No. 24-1492. Filed for public inspection October 18, 2024, 9:00 a.m.]
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