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PA Bulletin, Doc. No. 97-931

THE COURTS

Title 255--LOCAL COURT RULES

NORTHAMPTON COUNTY

Administrative Order 1997-3--Custody of Exhibits; 1997-CM-3852

[27 Pa.B. 2817]

Order of Court

   And Now, this 29th day of May, 1997, Northampton County Administrative Order 1997-3--Custody of Exhibits--is hereby adopted as follows, effective immediately.

   Seven (7) certified copies of the within administrative order shall be filed with the Administrative Office of Pennsylvania Courts; two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; one (1) certified copy shall be filed with the Pennsylvania Civil Procedural Rules Committee; one (1) certified copy shall be filed with the Pennsylvania Criminal Procedural Rules Committee; one (1) certified copy shall be filed with the Pennsylvania Orphans' Court Rules Committee; and one (1) certified copy shall be filed with the Pennsylvania Domestic Relations Committee. One (1) copy of this administrative order shall be kept available in each of the following offices:  Clerk of Courts--Civil, Clerk of Courts--Criminal, Clerk of the Orphans' Court, and the Domestic Relations Section. A copy is directed to be published in the Northampton County Reporter.

By the Court,

ROBERT A. FREEDBERG,   
President Judge

Order of Court

   And Now, this 29th day of May, 1997, it is hereby ordered:

   A.  All exhibits received in evidence upon the hearing of any cause or motion shall be retained during the hearing by the official court reporter, except as set forth in part C. The official court reporter shall be responsible for the custody and safekeeping of such exhibits.

   B.  All exhibits received in evidence upon the completion of the hearing of any cause or motion shall be delivered by the official court reporter to the clerk of court except as set forth in part C. The clerk of court shall keep the same in custody, unless otherwise ordered by the Court, except that the clerk may, without special order, permit an official court reporter to retain custody pending preparation of the transcript. The clerk shall be responsible for the custody and safekeeping of such exhibits.

   C.  In all criminal or juvenile delinquency cases where firearms, knives, weapons capable of inflicting serious bodily injury, narcotics, controlled substances, or any contraband is introduced into evidence, such evidence shall be delivered by the official court reporter to the member of the district attorney's staff prosecuting the case at the end of each court session and at the completion of the hearing. The district attorney's staff shall be responsible for the custody and safekeeping of such exhibits.

   D.  1.  In civil cases and orphans' division cases, trial exhibits shall be retained by the clerk of court until it is determined whether an appeal has been taken from a final judgment. If an appeal has been taken, the exhibits shall be retained until disposition of the appeal. Otherwise, the party who offered the exhibits may reclaim them for a period of thirty (30) days, after which the clerk of court may destroy or otherwise dispose of the exhibits.

   2.  In criminal cases or juvenile delinquency cases, exhibits shall be retained by the clerk of court or the district attorney until order of court allowing return of the item to its owner, destruction, or other disposition. The district attorney may place said exhibits in the physical custody of a law enforcement agency to be retained until further order of court.

   3.  In domestic relations cases, exhibits shall be retained by the clerk of court until return, destruction, or other disposition is authorized by order of court.

   4.  In juvenile dependency cases, exhibits shall be retained by the clerk of court until return, destruction, or other disposition is authorized by order of court.

   E.  At the conclusion of a hearing, upon delivery of an exhibit to a clerk of court or the district attorney, the official court reporter shall prepare a form listing the case name and number, the exhibit, in whose custody it was placed, and the date. A copy of the form shall be provided to each counsel and the court administrator.

   F.  As used in this administrative order, the term clerk of court includes the prothonotary (civil division cases), the clerk of criminal division (criminal cases and juvenile delinquency cases), the clerk of the orphans' court division (orphans' division cases and juvenile dependency cases), and the director of the domestic relations section (domestic relations cases).

[Pa.B. Doc. No. 97-931. Filed for public inspection June 13, 1997, 9:00 a.m.]


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