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. 02-2303

THE COURTS

Title 255--LOCAL
COURT RULES

LEHIGH COUNTY

Adoption of Local Rule of Civil Procedure 223.1 Pertaining to Exhibits; No. 2002 J 107

[32 Pa.B. 6337]

Order

   Now, this 10th day of December, 2002, It Is Ordered that the annexed Lehigh County Rule of Civil Procedure 223.1 pertaining to exhibits in the 31st Judicial District composed of Lehigh County be, and the same is, promulgated herewith, to become effective on the 30th day following publication of this rule in the Pennsylvania Bulletin.

   The Court Administrator of Lehigh County is directed to:

   1.  File seven (7) certified copies of this Order with the Administrative Office of Pennsylvania Courts.

   2.  File two (2) certified copies and one disk copy with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  File one (1) certified copy with the Civil Procedural Rules Committee.

   4.  File one (1) copy with the Clerk of Courts of the Lehigh County Court of Common Pleas.

   5.  Forward one (1) copy for publication in the Lehigh County Law Journal.

By the Court

WILLIAM H. PLATT,   
President Judge

Rule 223.1  Exhibits

   (a)  Exhibits admitted at trial

   (i)  At the conclusion of a trial or hearing, all exhibits larger than 8-1/2 x 11 inches which are part of the record shall be reduced to that size, and all tangible objects which are part of the record, shall be photographed in color by the party originally proffering the evidence. The 8-1/2 x 11 inch reductions and color photographs shall be substituted in the record for the original exhibits and tangible object unless the trial judge, upon motion or sua sponte, or an appellate court, shall direct otherwise.

   (ii)  Whenever a videotape deposition of a witness is presented at a trial or hearing, the videotape cassette shall be marked as an exhibit as required by Pa.R.C.P. 4017.1. At the conclusion of the trial or hearing, the videotape cassette shall be returned for safekeeping to the party who presented it and that party shall maintain custody of the cassette until conclusion of all appellate proceedings in the case, unless the trial judge upon motion or sua sponte shall direct otherwise.

   (iii)  Whenever a videotape deposition of a witness is presented at trial or hearing, it shall be accompanied by a transcript of the deposition as required by Pa.R.C.P. 4017.1(a)(2). The accompanying transcript shall be marked as an exhibit and retained in the record of the proceedings. In the event the record of the trial or hearing is transcribed for appellate or other purposes, the exhibit of the transcript accompanying the deposition shall be considered the official transcript of the testimony of the deponent. It shall not be necessary for the trial court reporter or court monitor to also transcribe the audio portion of the videotape deposition which was presented at trial or hearing, so long as the record clearly reflects which part of the audio portion of the videotape deposition was offered into evidence and admitted.

   (b)  Disposition of exhibits after trial

   (i)  After trial, exhibits admitted into evidence shall be retained by the clerk of courts 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 by the clerk of courts until disposition of the appeal.

   (ii)  Within sixty (60) days of the final disposition of all appeals or the date when no further appeal may be taken under the Pennsylvania Rules of Appellate Procedure, the party who offered the exhibits may reclaim them from the clerk of courts. Any exhibits not so reclaimed may be destroyed or otherwise disposed of by the clerk of courts.

   (iii)  Notwithstanding the above, any person who has a possessory or legal interest in any exhibit which has been introduced into evidence may file a claim for such exhibit within thirty (30) days after trial. The presiding judge shall determine the validity of such claim and determine the manner and timing of disposition.

[Pa.B. Doc. No. 02-2303. Filed for public inspection December 27, 2002, 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.