THE COURTS
WASHINGTON COUNTY
Uniform Rules Governing Court Reporting and Transcripts; No. 2016-1
[46 Pa.B. 8179]
[Saturday, December 31, 2016]
Order And Now, this 13th day of December, 2016, It Is Hereby Ordered and Decreed that the following Local Rules of Judicial Administration be adopted.
It Is Further Ordered that Washington County Local Rule of Civil Procedure L-507.1 is hereby rescinded. The District Court Administrator is directed to do the following:
1. File one (1) copy of the local rules with the Administrative Office of Pennsylvania Courts.
2. Forward two (2) paper copies and one (1) electronic copy in a Microsoft Word format to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Publish the local rules on the court's website to be incorporated into the set of local rules on the website within 30 days after the publication of the local rules in Pennsylvania Bulletin.
4. File one (1) copy of the local rules in the appropriate filing offices for public inspection and copying.
By the Court
KATHERINE B. EMERY,
President JudgeL-4007. Transcript Requests. Deposits.
(A) All original transcript requests shall be made on the standardized form promulgated by the Court Administrator of Pennsylvania, and filed in the filing office in which the matter being transcribed is filed of record.
(1) The requesting party shall serve copies of the formal request on:
(a) the presiding judge;
(b) the court reporter, court recorder, or transcriptionist;
(c) the District Court Administrator; and
(d) opposing counsel, or if not represented, the opposing party.
(2) The requesting party may be required to provide additional information or documentation as required by the judicial district.
(3) The request for transcription shall be processed and approved by the District Court Administrator or his/her designee.
(B) A deposit of $50.00 shall be required for all transcript requests, unless the costs of transcription are waived pursuant to a state or local rule of court. This amount shall be paid by cash, credit card (if permitted by the filing office), money order, or check from an attorney, made payable to the County of Washington. The deposit shall be applied to the final cost of the transcript, and may include an administrative fee for the processing of the request, at an amount to be set by the District Court Administrator.
(1) The balance for a completed transcript shall be due at the time of delivery of the transcript. This amount shall be paid by cash, credit card (if permitted by the filing office), money order, or check from an attorney, made payable to the County of Washington. A receipt evidencing full payment must be produced prior to the release of a transcript to the requesting party.
(2) The deposit, and any other payments for transcription costs, shall be remitted to the filing office in which the matter being transcribed is filed of record.
(3) A deposit shall not be required in cases in which the judicial district, the county, or the Commonwealth or a subdivision thereof, is responsible for the costs of transcription.
(4) All deposits are non-refundable upon filing of a transcript request.
(C) Requests for daily, expedited, same day, or rough draft transcripts shall be made in writing on the Transcript Request Form available in the office of Court Administration, or at www.washingtoncourts.us.
(1) A copy of the completed request shall be served the same day on the District Court Administrator.
(2) The decision to permit a daily, expedited, same day, or rough draft transcript shall be made by the presiding judge in consultation with the District Court Administrator.
(3) Nothing in these rules shall be read to entitle a requesting party to an expedited transcript, daily transcript, or rough draft transcript, or to receive a transcript via same day delivery.
(D) An application to waive all or a portion of costs for ordinary transcripts shall be supported by an affidavit on a form substantially similar to the following:
_________________ : _________________ : Plaintiff(s)/Petitioner(s)/Commonwealth : : No. _________________ Vs. : : _________________ : _________________ : Defendant(s)/Respondent(s) :
Application and Affidavit for a Free or Reduced Cost Transcript 1. I, ___________________________ , am the (Plaintiff) (Defendant) in the above matter and because of my financial condition am unable to pay the fees and costs for a transcript of the proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of transcription.
3. I represent that the information below relating to my ability to pay the fees and costs is true and correct:
a. Name: __________
Address: __________b. Employment:
If you are presently employed, state:
Employer: __________
Address: __________
Salary/wages per month: __________
Type of work: __________
If you are presently unemployed, state:
Date of last employment: __________
Salary/wages per month: __________
c. Other Income Within The Past Twelve (12) Months (state as dollar amounts):
Business or Profession: __________
Other Self-Employment: __________
Interest: __________
Dividends: __________
Pension and Annuities: __________
Social Security Benefits: __________
Support Payments: __________
Disability Payments: __________
Unemployment Compensation & Supplemental Benefits: __________
Workman's Compensation: __________
Public Assistance: __________
Other: __________
d. Other Contributions to Household Support (state as dollar amounts):
(Wife) (Husband) (Friend) Name: __________
If your (wife) (husband) (friend) is employed, state:
Employer: __________
Salary/wages per month: __________
Type of work: __________
Contribution from Children: __________
Contribution from Parents: __________
Other Contributions: __________
e. Property Owned (state as dollar amounts):
Cash: __________
Checking Account: __________
Savings Account: __________
Certificates of Deposit: __________
Real Estate (Including Home): __________
Motor Vehicle: Make ___________________________ Year: __________
Cost: _________________ Amount Owed: __________Stocks & Bonds: __________
Other: __________
f. Debts and Obligations (state as dollar amounts):
Mortgage: __________
Rent: __________
Loans: __________
Other: __________
g. Persons Dependent Upon You For Support:
(Wife) (Husband) Name: __________
Children, if any: ___________________________ Age: __________
___________________________ Age: _____________________________________ Age: _____________________________________ Age: _____________________________________ Age: __________Other Persons: __________
Name: __________
Relationship: __________
4. I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.
_________________ ___________________________
Date Requestor (Print Name)___________________________
Requestor (Sign Name)
(end form)
(1) The waiver application shall be filed with the standardized request form and any other documentation as provided for in subsection (A) of this rule.
(2) The waiver application shall be served as set forth in subsection (A) of this rule.
(3) The waiver application shall be processed by the District Court Administrator or his/her designee.
(a) The waiver application may be approved by the District Court Administrator when:
(i) the record demonstrates that the requesting party has been granted permission to proceed in forma pauperis by the court in the matter for which the transcript has been requested;
(ii) the requesting party has submitted sufficient documentation of income to establish entitlement to a free or reduced ordinary transcript pursuant to Local Rule of Judicial Administration 4008(E); or
(iii) documentation that establishes that a free legal aid service attorney has entered an appearance on behalf of the requesting party in the matter for which the transcript has been requested.
Note: A determination under subsection (D)(3)(a)(ii) or (iii) that a litigant is entitled to an ordinary transcript at a free or reduced rate only applies to the requested transcript, and is not a substitute for the procedures under state or local rules of court for a litigant to receive permission to proceed in forma pauperis in any matter.
(4) If the requesting party applies for a waiver or reduction and does not qualify based on the criteria set forth above, they may proceed with their request at the applicable rate set forth in these rules.
L-4008. Transcript Costs for a Private Individual or Entity. Waiver of Costs for the Commonwealth or a Subdivision. Economic Hardship.
(A) The transcript costs for a requesting party other than the Court and the Commonwealth shall be the maximum rate set forth in Pennsylvania Rule of Judicial Administration 4008. For the purpose of this local rule, the Court is defined as any judge or master. The Commonwealth is defined as the District Attorney, Public Defender, or any other department or agency of the County of Washington.
(1) The rates set forth above shall include the original transcript, filed of record with the appropriate filing office, one (1) copy of the transcript for the presiding judge (if requested), and one (1) copy of the transcript to be provided to the initial requesting party. When more than one party requests the transcript, or is required by general rule to file the transcript, the cost shall be divided equally among the parties, and each party shall receive one (1) copy of the transcript.
(2) When the transcript is in bound paper format, the requesting party shall be charged a surcharge of $0.25 per page.
(3) Payments for all transcript costs shall be made at the filing office. If paying by check or money order, the payee shall be the County of Washington. A convenience fee may be charged for payments by credit card, or made online.
(a) Monies collected for transcripts shall be remitted by the filing office to an account maintained by the Treasurer of the County of Washington. The monies collected shall be deposited monthly by the Treasurer to the general fund of the County of Washington to be used to supplement the County's appropriation for court reporters and court reporting services.
(4) All requests for a copy of any transcript previously ordered, transcribed, and filed of record shall be made to the filing office in which the transcript is lodged of record.
(a) The cost for a copy of any transcript previously ordered, transcribed, and filed of record shall be $0.75 per page for bound, paper format, and $0.50 per page for an electronic copy. Copies shall be obtained from the filing office in which the transcript is lodged of record.
(b) Monies collected for copies shall be remitted by the filing office to an account maintained by the Treasurer of the County of Washington. The filing office may deduct a $0.25 fee per page for administrative costs. The remaining monies collected for copies of transcripts shall be deposited monthly by the Treasurer to the general fund of the County of Washington to be used to supplement the County's appropriation for court reporters and court reporting services.
(B) The transcript costs for a request made by the Court or the Commonwealth, if applicable, shall be set by administrative order.
(1) Nothing herein shall prohibit a filing office from charging a fee of $0.25 per page to the Commonwealth for a copy of a transcript previously ordered, transcribed, and filed of record; provided however, that no fee shall be charged to a court-appointed counsel, hearing officer, expert, or master, for a transcript in a case in which they have been appointed.
(C) At the discretion of the trial judge, a reasonable surcharge may be imposed on a transcript request in cases such as mass tort, medical malpractice or other unusually complex litigation where there is a need for court reporters to significantly expand their dictionary. The surcharge shall be set in consultation with the District Court Administrator.
(D) At the discretion of the District Court Administrator or his/her designee, a reasonable fee may be charged for a secure electronic feed which instantaneously delivers the translated notes from the court reporter to a laptop, tablet, phone, or other portable electronic device to parties, the media, or other interested individuals. Permission to install or obtain such a feed must be received from the presiding judge and the District Court Administrator, and will be subject to the availability of the necessary court reporting resources.
(E) 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 United States Department of Health and Human Services for the calendar year in which the request is made, and shall be reduced by one-half for a litigant whose income is less than 200 percent of the poverty line as defined by the United States Department of Health and Human Services for the calendar year in which the request is made.
(1) Litigants who are represented by a free legal aid service for low-income citizens shall not be required to prove economic hardship, and are entitled to obtain ordinary transcripts in matters under appeal or where the transcript is necessary to advance the litigation for no cost.
(a) To receive a no-cost ordinary transcript, clients of a free legal service must demonstrate that a legal aid service attorney has entered an appearance on their behalf in the case for which a transcript is requested. Legal aid services shall provide the District Court Administrator with a letter certifying that the client meets financial eligibility and that the matter is under appeal or is necessary to advance the current litigation.
(2) Transcript costs for ordinary transcripts in matters that are not subject to appeal or necessary to advance the litigation shall not be waived or reduced for litigants who qualify for economic hardship, unless ordered by the court for cause shown.
Note: The procedure to waive all or a portion of costs for ordinary transcripts is set forth in Local Rule of Judicial Administration 4007.
(F) Nothing in this rule shall be read to prescribe or specify a fee to be paid to a court reporter or transcriptionist for both transcripts requested by litigants and transcripts requested by the Commonwealth or a subdivision thereof. The compensation of court reporters or transcriptionists is a matter for the judicial district and county funding authority.
L-4014. Redaction of Personal Data Identifiers.
(A) The following personal data identifiers shall be redacted by the court reporter or transcriptionist preparing a transcript, unless otherwise ordered by the court:
(1) Social Security numbers;
(2) financial institution account identifiers; and
(3) names of minor children.
(B) Nothing in this rule shall prevent the redaction of additional personal data identifiers upon motion of any party, or sua sponte the court.
L-4016. Storage and Retention of Notes of Testimony and Transcripts.
(A) In criminal cases in which the most serious crime charged is a misdemeanor of the first degree or less, the District Court Administrator is authorized to direct the destruction of notes taken and/or tapes made by the court reporter at any time after seven (7) years from the date when such notes were taken or tapes were made.
(B) In felony cases, the District Court Administrator is authorized to direct the destruction of all court reporter notes or tapes at any time after fifty (50) years from the date when such notes were taken or tapes were made.
(1) Where there has been an acquittal in a felony case, the District Court Administrator is authorized to direct the destruction of all court reporter notes or tapes after seven (7) years from the date when such notes were taken or tapes were made. Prior to destruction, thirty (30) days notice shall be given to all interested parties, and a court order authorizing the destruction shall be obtained and filed.
(C) In all cases other than criminal cases, the District Court Administrator is authorized to direct the destruction of notes taken and/or tapes made by the court reporter at any time after seven (7) years from the date when such notes were taken or tapes were made.
(D) Notwithstanding the provisions of subsections A through C of this Rule, in any case in which the court reporter has transcribed from notes taken and/or tapes made and such transcription has been approved by the Court and filed, the court reporter may destroy any such notes and/or tapes any time after thirty (30) days from the date of filing of the transcription.
(E) Notwithstanding the provisions of subsections A through D of this Rule, any party may petition the Court for an order directing the retention of particular notes and/or tapes of the court reporter for a period of time beyond that required herein.
(F) The District Court Administrator shall establish a policy making provision for the archiving, storage, and retention of untranscribed notes of testimony, rough draft transcripts, reporter and recorder log notes, tapes, other electronic or digital audio files, and any hardware, software, tools, or dictionaries necessary for proper transcription, according to the retention schedule herein.
[Pa.B. Doc. No. 16-2300. Filed for public inspection December 30, 2016, 9:00 a.m.]
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