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PA Bulletin, Doc. No. 17-281

THE COURTS

WAYNE COUNTY

Local Rules of Judicial Administration; 61-2017-CV

[47 Pa.B. 963]
[Saturday, February 18, 2017]

Order

 And Now, to wit, this 29th day of November, 2016, the Court hereby adopts the following new Local Rules of Judicial Administration:

Rule 4007.1. Requests for Transcripts.

 (A) All requests for transcripts shall be submitted on a form provided by the district court administrator. The form shall include the current rates charged for transcripts.

 (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 district court administrator. The requesting party shall also serve copies of the formal request to:

 (1) the judge presiding over the matter;

 (2) the court recorder or transcriptionist;

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

 (C) Daily, expedited, same day or rough draft transcripts are not available.

 (D) When a litigant requests a transcript,

 (1) the litigant ordering a transcript shall make payment of the estimated transcript cost. Deposit payments are to be made payable to Wayne County and shall be delivered to the Prothonotary's Office. Payment may be made by cash, check, or money order. Deposit payments are non-refundable, and proof of deposit shall be provided to the district court administrator.

 (2) the court recorder or transcriptionist shall prepare the transcript upon direction of the district court administrator.

 (3) the court recorder or transcriptionist shall notify the ordering party and the district court administrator of the completion of the transcript.

 (4) upon payment of any balance owed, the court recorder or transcriptionist shall deliver the original transcript to the appropriate filing office for distribution. Payment of the final balance shall be made payable to Wayne County and shall be delivered to the Prothonotary's Office. Proof of payment shall be provided to the district court administrator. Copies of the transcript may be requested upon payment in full.

 (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 Rule 4008(B). In cases of economic hardship, where the matter is under appeal or a transcript is necessary to advance the litigation, the costs of procuring the transcript shall be waived or otherwise adjusted by the court. In cases of economic hardship where there is no appeal pending or there exists no obvious need for the transcript to advance the litigation, the requesting party must demonstrate reasonable need before the court shall waive or adjust the cost of obtaining the transcript.

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

Rule 4008.1. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof.

 (A) Costs

 (1) The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript in an electronic format shall be:

 (a) for an ordinary transcript, $2.50 per page.

 (2) When the transcript is prepared in bound paper format, the costs shall be in accordance with paragraph (1) relating to electronic format plus a surcharge of $0.25 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, 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 form required by Rule 240(h) of the Pennsylvania Rules of Civil Procedure and shall be served with the form requesting a transcript.

 (C) Assignment and allocation of transcripts 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.

 Said Local Rules of Judicial Administration shall be effective in the 22nd Judicial District of the Commonwealth of Pennsylvania thirty (30) days after publication in the Pennsylvania Bulletin and upon publication on the Wayne County website.

By the Court

RAYMOND L. HAMILL, 
President Judge

[Pa.B. Doc. No. 17-281. Filed for public inspection February 17, 2017, 9:00 a.m.]


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