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PA Bulletin, Doc. No. 22-1826

THE COURTS

Title 255—LOCAL COURT RULES

WASHINGTON COUNTY

Adoption of Local Rules of Criminal Procedure L-113 and L-114; No. 2022-1

[52 Pa.B. 7268]
[Saturday, November 26, 2022]

Administrative Order

 And Now, this 31st day of October, 2022, having received approval from the appropriate Rules Committee pursuant to Pa.R.J.A. 103(d)(4), it is hereby Ordered, Adjudged, and Decreed that Washington County Local Rules of Criminal Procedure L-113 and L-114 (following) are hereby adopted, effective thirty (30) days after publication of this Order in the Pennsylvania Bulletin.

 This Order shall be processed in accordance with Pa.R.J.A. 103(d)(5) and (6). The District Court Administrator is directed to:

 1. Distribute copies of the adopted local rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

 2. File one (1) copy with the Administrative Office of Pennsylvania Courts;

 3. Publish the local rules on the Court's website within thirty (30) days of the effective date; and

 4. Cause a copy hereof to be published in the Washington County Reports once a week for two (2) successive weeks at the expense of the County of Washington.

By the Court

JOHN F. DiSALLE, 
President Judge

L-113. Criminal Case File and Docket Entries.

 (a) The clerk of courts serves as the custodian of the criminal case files on behalf of the Court. Judges, the District Court Administrator, and authorized staff of the Court may remove files from the custody of the clerk of courts for official court business, unless access is otherwise restricted by law or order of court.

 (b) Except as provided in the preceding subsection or applicable rule of procedure, no case files shall be removed from the clerk of courts except upon subpoena duces tecum or order of court. Nothing in this rule is intended to prohibit the removal and/or transmittal of case files pursuant to a rule of appellate procedure.

 (c) The clerk of courts may charge a reasonable cost for copies of publicly accessible court records; provided, however, that any such cost shall not be imposed without the approval of the President Judge. The term copy shall be defined to include those items produced or transmitted electronically to a requestor. No cost shall be imposed for the production of copies to staff or members of the Court for official business, court-appointed counsel, or county agencies that are a participant in a case.

L-114. Orders and Court Notices: Filing; Service; and Docket Entries.

 (a) Reserved.

 (b) The clerk of courts shall serve all orders or court notices to parties or individuals as set forth in Pennsylvania Rule of Criminal Procedure 114(B).

 (1) The clerk of courts shall serve copies of all orders or court notices to any other individual or entity as designated on the order or court notice. The clerk of courts shall make such copies of orders or court notices as required to perform service.

 (2) Service on county agencies within the judicial district, including but not limited to the county correctional facility, Sheriff, and Behavioral Health and Developmental Services, may be made by facsimile or electronic address, assigned box, or interoffice mail as approved by the President Judge, or his or her designee.

 (3) The Court, or the District Court Administrator upon the direction of the President Judge, may effectuate service of orders or notices. If the Court or District Court Administrator serves an order or notice, an original or copy shall be transmitted to the clerk of courts for filing with a notation of each party, attorney, entity, and/or individual that was served. The clerk of courts shall make a docket entry noting the date of service, each party, attorney, entity, and/or individual served, and the method of service.

 (4) Nothing shall prohibit the Court and District Court Administrator, or their respective designees, from directly filing an order or notice into the Common Pleas Case Management System.

 (c) The President Judge may issue by administrative order or regulation requirements for the making of, and timeliness of, docket entries by the clerk of courts.

 (d) Except as provided in Local Rule of Criminal Procedure 113, no case records shall be removed from the custody of the clerk of courts except upon subpoena duces tecum or order of court.

 Comment: This rule is promulgated pursuant to the responsibility given to the President Judge by Pennsylvania Rule of Criminal Procedure 116.

[Pa.B. Doc. No. 22-1826. Filed for public inspection November 23, 2022, 9:00 a.m.]


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