THE COURTS
Title 255—LOCAL COURT RULES
DAUPHIN COUNTY
Promulgation of Local Rules; No. 1793 S 1989
[54 Pa.B. 12]
[Saturday, January 6, 2024]
Order And Now, this 20 day of December, 2023, Dauphin County Local Rule of Civil Procedure 223.2 and Dauphin County Local Rule of Criminal Procedure 609 are rescinded and replaced with Local Rules of Judicial Administration 5102 and 5103 as follows:
Rule 5102. Custody of Exhibits. General Provisions.
(a) During Court Proceedings before Judge.
(1) The Court Reporter shall be designated as the custodian of all documentary exhibits and photographs of non-documentary exhibits accepted or rejected during the court proceedings.
(2) The Court Crier/Clerk shall maintain the Index of Exhibits during the court proceedings. The Court Crier/Clerk shall use the form supplied by Court Administration which shall be in the following format:
Index of Exhibits
No. Description/Title Proponent Admitted Rejected Sealed by Court Confidential Information Sheet (If required)
(3) The proponent shall include a 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 Court Crier/Clerk at the time the evidence is introduced.
(b) After Court Proceedings before Judge. The Court Reporter shall be designated as the custodian of all documentary exhibits and photographs of non-documentary exhibits after court proceedings have concluded.
(1) The Court Reporter shall:
(i) retain or take custody of all documentary exhibits, photographs, and photographs of non-documentary exhibits accepted or rejected during the court proceedings.
(ii) file all documentary exhibits, photographs, and photographs of non-documentary exhibits with the records office within five (5) business days of the conclusion of the court proceedings; and
(iii) secure and maintain all other non-documentary exhibits as directed by the Court or agreed to by the parties.
(2) The Court Reporter shall obtain the Index of Exhibits prepared during the court proceedings from the Court Crier/Clerk and compare the exhibits in the possession of the Court Reporter with the Index of Exhibits. The Court Reporter shall file the Index of Exhibits with the exhibits in the records office.
(c) Proceedings before Divorce Hearing Officer and Juvenile Hearing Officer.
(1) In proceedings before the Divorce Hearing Officer and Juvenile Hearing Officer the Hearing Officer shall be the custodian of the documentary exhibits.
(2) The Hearing Officer shall retain all documentary exhibits, photographs, and photographs of non-documentary exhibits accepted or rejected during the court proceedings.
(3) The Hearing Officer shall prepare the Index of Exhibits and file the Index of Exhibits with the exhibits in the records office.
(4) The Hearing Officer shall ensure that a 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 was completed and filed with the exhibit.
Rule 5103. Custody of Exhibits. Special Provisions.
(a) Documentary Exhibits: Generally
(1) If a document is larger than 8-1/2 × 11 inches, the Court Reporter shall be provided with a copy of the same sized 8-1/2 × 11 inches. Items larger than 8-1/2 × 11 may be used for illustration during the court proceedings.
(2) Media depositions presented at trial shall remain in the proponent's possession. The proponent shall simultaneously submit a transcript of the deposition as an exhibit.
(c) Non-documentary Exhibits: Generally
(3) If the exhibit is bulky or oversized, either the Court Reporter or the proponent shall maintain custody of the exhibit as directed by the Court.
The previously listed amendments shall be published in the Pennsylvania Bulletin and will become effective on April 1, 2024.
By the Court
JOHN F. CHERRY,
President Judge
[Pa.B. Doc. No. 24-4. Filed for public inspection January 5, 2024, 9:00 a.m.]
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