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PA Bulletin, Doc. No. 17-924

THE COURTS

TIOGA COUNTY

Judicial Administration Local Rule 4001 Et. Seq.; No. 113 MS 17

[47 Pa.B. 3088]
[Saturday, June 3, 2017]

Order

 And Now, this 16th day of May, 2017, the Court hereby Amends and adopts the following Uniform Rules Governing Reporting and Transcripts (Rule 4001 et seq.) for use in the Court of Common Pleas of the 4th Judicial District, Tioga County, Pennsylvania.

By the Court

GEORGE W. WHEELER, 
President Judge

L.R. No. 4001 et seq. Amended.

 The President Judge and the District Court Administrator appoint the Court Monitor as designee for purposes of the administration of this local rule.

 This rule shall not interfere with or otherwise limit the income of the court monitors. Court monitors shall continue to be properly compensated for their professional services as related to the preparing of transcripts.

 I. PROCEDURES

 A. Format:

 i. Requests for transcripts shall be set forth on a standardized form provided by the District Court Administrator. This form shall be available on the Tioga County website at: www.tiogacountypa.us or in the Court Administration Office.

 B. Requests for Transcripts

 i. For an ordinary transcript, the party requesting the full or partial transcript of a trail or other proceeding shall file the original request with the appropriate filing office of the Court (Clerk of Courts/Prothonotary, or Orphans' Court).

 C. Service

 i. The requesting party shall service copies of the formal request to:

 1. The Presiding Judge

 2. The court monitor(s) assigned to the proceeding

 3. District Court Administrator

 4. Opposing counsel or party, if party is unrepresented

 D. Filing:

 i. In courts where daily, expedited, same-day or rough draft transcripts are available, requests for transcripts shall be filed in writing in the appropriate filing office at least 10 days prior to the proceeding.

 1. Copies of the written request shall be served as provided by Section (C) supra.

 2. In the event of an emergency, a party may request by oral motion a daily, expedited, same-day or rough draft transcript.

 E. Private Litigant Requests

 i. When a private litigant request a transcript, the litigant ordering the transcript shall make payment in the amount of 75% of the estimated total cost of the transcript.

 F. Payment of Costs

 i. Deposit checks are to be made payable to the Tioga County Treasurer and shall be delivered to the Court Monitor or Court Administrator.

 G. Preparation of Transcripts

 i. Upon receipt of the 75% deposit, the court monitor(s) assigned to the proceeding shall prepare the transcript.

 H. Notice of Completion

 i. The court monitor(s) shall notify the ordering party and of the completion of the transcript and shall deliver a copy of the transcript. Upon final payment of any balance due for said transcript, the Court Monitor shall obtain the signature of the Presiding Judge on the original transcript and file the original transcript in the appropriate filing office.

 ii. When a transcript is requested for which the Court or County is responsible for the cost(s), the Court Monitor shall prepare the transcript without the necessity of a deposit.

 iii. Checks for the final balance are to be made payable to the Tioga County Treasurer and shall be delivered to the Court Monitor or Court Administrator.

 I. Request for Litigant (Economic Hardship)

 i. When a litigant requests a transcript, but cannot pay for the transcript because of alleged economic hardship, the Court shall determine economic hardship based upon application of the litigant to waive or reduce the cost(s) pursuant to the PA Rules of Criminal Procedure 240. Such application shall be filed in the appropriate filing office with the request for the transcript.

 ii. In cases of economic hardship where the matter is under appeal or a transcript is necessary to advance litigation, the costs of procuring the transcript shall be waived or otherwise adjusted by the Court.

 iii. In cases of economic hardship where there is no appeal pending or there exists no obvious need for the transcript to advance litigation, the requesting party must demonstrate reasonable need before the Court shall waive or adjust the cost of obtaining the transcript.

 iv. Litigants represented 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.

 II. RATES

 Transcript costs payable by a requesting party other than the Commonwealth or a subdivision thereof shall be governed as follows:

 A. Costs Payable:

 The costs payable by the initial ordering party for a transcript delivered via electronic format shall not exceed:

 i. For an ordinary transcript, $2.50 per page

 ii. For an expedited transcript, $3.50 per page

 iii. For a daily transcript, $4.50 per page

 iv. For a same-day delivery, $6.50 per page

 v. For a real-time feed—not available

 vi. For a complex litigation—not available

 vii. For rough drafts, $1.00 per page

 Transcript costs payable by the Commonwealth or a subdivision thereof shall be governed as follows:

 I. For an ordinary transcript, $2.50 per page

 II. For an expedited transcript, $3.50 per page

 III. For a daily transcript, $4.50 per page

 IV. For a same-day delivery, $6.50 per page

 V. For a real-time feed—not available

 VI. For a complex litigation—not available

 VII. For rough drafts, $1.00 per page

 B. Bound Paper Format

 When a transcript is prepared in a bound paper format, the costs shall be in accordance with Section II(A) supra relating to electronic format plus a surcharge of $0.25 per page, which will be paid to the County. Bound paper format copies shall not be delivered in condensed form.

 C. Economic Hardship

 i. Transcript costs for ordinary transcripts in matters under appeal, or where the transcript is necessary to advance 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% of the poverty line as defined by the U.S. Department of Health and Human Services (HHS) poverty guidelines for the current year.

 ii. 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% of the poverty line as defined by the HHS poverty guidelines for the current year.

 iii. Transcript costs for ordinary transcript matters that are not subject to appeal, where the transcript is not necessary to advance the litigation, or for expedited, daily, same-day or rough draft transcripts may be waived at the Court's discretion for parties who qualify for economic hardship under Section II(C)(1) or II(C)(2) supra and upon good cause shown.

 iv. The application for waiver of all or a portion of the costs for ordinary transcripts shall be supported by an affidavit substantially in the form required by Rule 240(h) of the Pennsylvania Rules of Civil Procedure.

 v. A hearing shall be conducted to determine if economic hardship has been demonstrated.

 vi. Litigants who have been approved for representation by Legal Aid Services are not required to prove economic hardship. Litigants represented by Legal Aid Services must provide the Court with a letter from their Legal Aid attorney stating that the matter is under appeal or that the transcript being requested is necessary to advance the current litigation

 D. Assignment and Allocation of Transcript Costs:

 i. The requesting party, or the 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.

 ii. When more than one party requests the transcript, or are required by general rule to file the transcript, the costs shall be divided equally among the parties.

 E. Copies of Transcripts:

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

 i. $0.75 per page bound, paper format; and,

 ii. $0.50 per page for an electronic copy.

 All copies of transcripts shall be requested from and provided by the court monitor(s). Filing offices must direct requests for copies of transcripts to the court monitor(s).

[Pa.B. Doc. No. 17-924. Filed for public inspection June 2, 2017, 9:00 a.m.]


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