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PA Bulletin, Doc. No. 16-2192

THE COURTS

SCHUYLKILL COUNTY

Adoption of Local Rule 4007 and 4008 of Judicial Administration; AD 90-2016

[46 Pa.B. 7817]
[Saturday, December 17, 2016]

Order of Court

 And Now, this 30th day of November, 2016, at 1:15 p.m., the Court hereby adopts the following new Local Rules of Judicial Administration for use in the Court of Common Pleas of Schuylkill County, Pennsylvania, Twenty-First Judicial District, Commonwealth of Pennsylvania, effective January 1, 2017.

 The Schuylkill County District Court Administrator is Ordered and Directed to do the following:

 1) File one (1) copy of this Order and Rule with the Administrative Office of the Pennsylvania Courts via email to adminrules@pacourts.us.

 2) File two (2) paper copies of this Order and Rule and a computer diskette containing the text of the local rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3) Publish a copy of the local rule on the Schuylkill County Court website at www.co.schuylkill.pa.us.

 4) Incorporate the local rule into the set of local rules on www.co.schuylkill.pa.us within thirty (30) days after publication in the Pennsylvania Bulletin.

 5) Forward one (1) copy to the Law Library of Schuylkill County for publication in the Schuylkill Legal Record.

 6) File one (1) copy of the local rule in the Clerk of Courts Filing Office for public inspection and copying.

By the Court

WILLIAM E. BALDWIN, 
President Judge

Schuylkill County Local Rules of Judicial Administration

Rule 4007. Requests for Transcripts.

 (A) All requests for transcripts shall be set forth on a standardized form provided by the Court Administrator. The form is available on the Schuylkill County website at www.co.schuylkill.pa.us or can be obtained from the Chief Court Reporter

 (B) For an ordinary transcript, the party requesting a full or partial transcript of a trial or other proceeding shall file the original request with the Clerk of Courts, Prothonotary or Orphans' Court. The requesting party shall also serve copies of the formal request to:

 (1) the judge presiding over the matter;

 (2) the court reporter, court recorder;

 (3) the Chief Court Reporter

 (4) opposing counsel, but if not represented, the opposing party.

 (C) Daily expedited or same day transcripts are available, requests for these transcripts shall be filed in writing in the appropriate filing office at least 10 days prior to the proceeding. Copies of the written request shall be delivered as required by subsection (B).

 (D) When a litigant requests a transcript,

 (1) the litigant ordering a transcript shall make partial payment in an amount of 50% of the estimated total cost of the transcripts. Deposit checks are to be made payable to the County of Schuylkill and shall be delivered to the Chief Court Reporter.

 (2) upon receipt of the 50% deposit, the court reporter shall prepare the transcript upon direction of the Chief Court Reporter.

 (3) the court reporter or court recorder shall notify the ordering party and the Chief Court Reporter of the completion of the transcript and shall indicate the balance due and deliver a copy of the transcript to the judge presiding over the matter. Checks for the final balance are to be made payable to the County of Schuylkill and delivered to the Chief Court Reporter.

 (4) upon payment of any balance owed, the court reporter or court recorder shall deliver the original transcript to the appropriate filing office and copies to the parties.

 (E) When a litigant requests a transcript, but cannot pay for the transcript because of alleged economic hardship, the court shall determine economic hardship pursuant to the procedure set forth in Schuylkill County R.J.A. 4008(B).

 (F) When a transcript is requested for which the court or county is responsible for the cost, the court reporter or court recorder shall prepare the transcript without the necessity of a deposit.

Rule 4008. Transcript Costs Payable by a Requesting Party, other than the Commonwealth or a Subdivision Thereof.

 (A) Costs: Electronic Format

 (1) The costs payable by the initial ordering party, for a transcript in an electronic format shall not exceed:

 (a) For an ordinary transcript, $2.50 per page;

 (b) For an expedited transcript, $3.50 per page;

 (c) For a daily transcript, $4.50 per page;

 (d) For same day delivery, $6.50 per page;

 (2) Costs: Paper Format. The costs payable by the initial ordering party for a transcript prepared in bound paper format shall not exceed:

 (a) For an ordinary transcript, $2.75 per page;

 (b) For an expedited transcript, $3.75 per page;

 (c) For a daily transcript, $4.75 per page;

 (d) For same-day delivery, $6.75 per page;

 (B) Economic hardship—minimum standards

 (1) Transcript costs for ordinary transcripts in matters under appeal or where the transcript is necessary to advance the litigation shall be waived for a litigant who has been permitted by the court to proceed in forma pauperis or whose income is less than 125 percent of the poverty line as defined by the U.S. Department of Health and Human Services (HHS) poverty guidelines for the current year.

 (2) Transcript costs for ordinary transcripts in matters under appeal or where the transcript is necessary to advance the litigation shall be reduced by one-half for a litigant whose income is less than 200 percent of the poverty line as defined by the HHS poverty guidelines for the current year.

 (3) Transcript costs for ordinary transcripts in matters that are not subject to an appeal, where the transcript is not necessary to advance the litigation, or for expedited, daily, rough draft or same day transcripts may be waived at the court's discretion for parties who qualify for economic hardship under subdivision (B)(1) or (B)(2) and upon good cause shown.

 (4) The application to waive all or a portion of costs for ordinary transcripts shall be supported by an affidavit substantially in the In Forma Pauperis Petition required by Pennsylvania Rule of Civil Procedure 240(h).

 Litigants who have been approved for representation by legal aid services are not required to prove economic hardship. Legal aid services must verify on the Transcript Request Form that the matter is under appeal or that the transcript being requested is necessary to advance current litigation.

 (C) Assignment and allocation of transcript costs

 (1) Assignment of costs. The requesting party, or party required by general rule to file a transcript, shall be responsible for the cost of the transcript. Costs shall not be assessed against any party for transcripts prepared at the initiation of the court.

 (2) Allocation of costs. When more than one party requests the transcript, or are required by general rule to file the transcript, the cost shall be divided equally among the parties.

 (D) Copies of transcript

 A request for a copy of any transcript previously ordered, transcribed and filed of record shall be provided according to the following schedule:

 (1) $0.75 per page bound, paper format; and,

 (2) $0.50 per page electronic copy.

 All requests for copies of filed transcripts shall be directed to the Chief Court Reporter and produced solely by the Court Reporters' Office.

[Pa.B. Doc. No. 16-2192. Filed for public inspection December 16, 2016, 9:00 a.m.]


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