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PA Bulletin, Doc. No. 24-296

THE COURTS

Title 255—LOCAL COURT RULES

LANCASTER COUNTY

Addition of Local Rule of Judicial Administration Rules 5102—5104; Order No. 24-01441 AD 2024

[54 Pa.B. 1187]
[Saturday, March 9, 2024]

Administrative Order

 And Now, this 28th day of February 2024, it is hereby Ordered that the following Local Rules of Judicial Administration of the Court of Common Pleas of the 2nd Judicial District of Pennsylvania, Lancaster County, are adopted as indicated, to be effective thirty (30) days after publication in the Pennsylvania Bulletin.

 The Lancaster County District Court Administrator is Ordered to do the following:

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

 2. File two (2) paper copies and one (1) electronic copy in a Microsoft Word format only to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. Publish these Rules on the Lancaster County Court website at www.court.lancastercountypa.gov.

 4. Incorporation of the local rule into the set of local rules on www.court.lancastercountypa.gov within thirty (30) days after the publication of the local rule in the Pennsylvania Bulletin.

 5. File one (1) copy of the local rule in the appropriate filing office for public inspection and copying.

By the Court

DAVID L. ASHWORTH, 
President Judge

Rule 5102. Custody of Exhibits. General Provisions.

During Court Proceedings

 (a) The custodian(s) shall be the proponent seeking the admission of an exhibit during the court proceeding. Exhibits for contiguous hearings/trials may remain in the assigned locked courtroom or the custodian may retain possession. Exhibits for non-contiguous hearings/trials remain with the custodian and must be returned at the continuation of the hearing/trial.

After Court Proceedings

 (b) Absent agreement of the parties to the contrary and such agreement being filed with the court, the custodian(s) designated in section 5102(a) shall remain the custodian after the court proceeding. In the event of the departure or death of the custodian/proponent from the firm or office, the firm or office shall retain exhibits. Upon agreement of the parties, one custodian can agree to retain custody of one or all of the exhibits. Documentation of this must be included on the index of exhibits.

Custodian

 (ii) Records office requirements: Prothonotary Office requires all exhibits and custody of exhibits forms be electronically filed. Clerk of Courts Office requires all exhibits and custody of exhibits forms be brought to their office for filing. Each office will indicate in docket entries that an index of exhibits has been filed.

Index of Exhibits

 (2) Index of exhibits. Index of exhibits form must be completed, signed, and submitted to the appropriate Records office with all exhibits sized at 8-1/2 × 11 inch documents.


IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA

CIVIL—CRIMINAL

:
:
vs.
: Docket No:
:
:

INDEX OF EXHIBITS

Hearing Date(s)Filing Office (circle one):Judge:
Clerk of Courts    Prothonotary
Custodian/Proponent Name:Custodian/Proponent /Firm/Office Address:
 
 
 
 
Company/Firm Name:Phone number:

 

ExhibitDescriptionAdmitted Rejected
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   
    
   

 [  ] I have included all exhibits listed in this index in accordance with Rule 5103.

FILED BY CUSTODIAN/PROPONENT:
___________________________
Custodian/Proponent Signature
___________________________
Custodian/Proponent Printed Name

*** Pursuant to PA. R.J.A. 5102, this document and all exhibits must be filed by the custodian/proponent in the appropriate records office no later than five business days after the end of the court proceeding.

*** Failure to file could result in an order to appear for a Show Cause Hearing where you could be held in Contempt of Court.

01/25/2024

Relief

 (4) Upon the failure of the custodian/proponent to comply with filing the exhibits, any interested party may file a petition for a show cause hearing to be held.

Rule 5103. Custody of Exhibits. Special Provisions.

 (g) Absent agreement of the parties, a court order is required before destruction of any exhibits, which includes non-documentary exhibits. The parties' agreement to destroy exhibits shall be filed with the court. All interested parties should be given notice of the request for an order to destroy the exhibits.

Rule 5104. Local Rule. Prohibition.

Optional Provision

 (b) The following hearings are excluded from this provision; Support, De Novo, Dependency, Orphan's Court, and Delinquency with the exception of Contested Adjudication Hearings.

[Pa.B. Doc. No. 24-296. Filed for public inspection March 8, 2024, 9:00 a.m.]


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