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PA Bulletin, Doc. No. 24-393

THE COURTS

Title 255—LOCAL COURT RULES

MONTGOMERY COUNTY

Adoption of Local Rule of Judicial Administration 5104*—Custody of Exhibits; No. 2024-00001

[54 Pa.B. 1531]
[Saturday, March 23, 2024]

Order

 And Now, this 7th day of March, 2024, the Court hereby adopts Montgomery County Local Rule of Judicial Administration 5104*—Custody of Exhibits. This Local Rule shall become effective on April 1, 2024.

 The Court Administrator is directed to publish this Order once in the Montgomery County Law Reporter and in The Legal Intelligencer. In conformity with Pa.R.J.A. 103, one (1) certified copy of this Order shall be filed with the Administrative Office of Pennsylvania Courts. Two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One (1) copy shall be filed with the Law Library of Montgomery County, and one (1) copy with each Judge of this Court. This Order shall also be published on the Court's website and incorporated into the complete set of the Court's Local Rules.

By the Court

CAROLYN TORNETTA CARLUCCIO, 
President Judge

Local Rule of Judicial Administration 5104*. Custody of Exhibits.

 (a) Custodian of Exhibits During Court Proceedings. The court reporter is designated as the custodian of all documentary exhibits unless otherwise provided in this Rule or directed by the Court. The proponent is designated as the custodian of all non-documentary exhibits.

 (b) Custodian of Exhibits After Court Proceedings. The court reporter is designated as the custodian of all documentary exhibits unless otherwise provided in this Rule or directed by the Court. The proponent is designated as the custodian of all non-documentary exhibits.

 (c) Standards for Filing of Exhibits with the Records Office. At the conclusion of the court proceeding, the custodian shall comply with the requirements of Pa.R.J.A. 5102(b). All documentary exhibits shall be submitted to the record office by the custodian within five (5) business days following the close of the court proceeding. Exhibits may be e-filed with the record office, if available, and if provided to the custodian in electronic format. Nothing in this rule shall prevent the filing of exhibits prior to court proceedings, as is the current practice in juvenile dependency cases.

 (d) Standards for the Reproduction of Oversized or Voluminous Documentary Exhibits or Photographs. In compliance with Pa.R.J.A. 5103(a) and (b), if a proponent offers into evidence a documentary exhibit or photograph that is larger in size than 8-1/2 × 11 inches, the proponent shall ensure that a copy of the document or photograph reduced to 8-1/2 × 11 inches (or smaller) is entered into the record. A proponent who provides a reduced copy of an oversized exhibit shall ensure that the reproduced document is clear and capable of further reproduction or transfer to digital media.

 (e) Standards for the Maintenance and Security of Bulky or Oversized Non-Documentary Exhibits During and After Court Proceedings.

 1) Generally. If a proponent offers into evidence a non-documentary exhibit, the proponent shall provide a photograph (no larger in size than 8-1/2 × 11 inches) of the exhibit which will be made a part of the record. A proponent who provides a photograph of a non-documentary exhibit shall ensure that the photograph is clear and capable of further reproduction or transfer to digital media.

 2) Weapons, Contraband, Hazardous Materials. In any proceeding in which weapons, cash, other items of value, drugs, or other dangerous materials are offered into evidence, the proponent shall secure the exhibits while the court proceeding is in session, as well as during all breaks, recesses and after the court proceeding. During the proceeding, the proponent shall exercise all appropriate safeguards necessary to protect the public based on the nature of the exhibit.

 (f) Digital Media. A proponent shall ensure that an exhibit in a digital format entered into the record is in a format acceptable to the court. The proponent shall maintain possession of any exhibit in a digital format such as a computer disc, DVD or thumb drive during and after the court proceeding.

 (g) Retention of Non-Documentary Exhibits. Proponents who are maintaining non-documentary exhibits after court proceedings shall do so in compliance with the retention polices that apply to the respective filing office, as set forth in the County Records Manual.

 (h) Proceedings Excluded from Rule. Record hearings that may be appealed de novo to the Court of Common Pleas or upon which exceptions or objections can be filed to the Court of Common Pleas, including proceedings before this court's family and juvenile hearing officers, shall be excluded from the provisions of Rules 5101—5105 of the Pennsylvania Rules of Judicial Administration.

[Pa.B. Doc. No. 24-393. Filed for public inspection March 22, 2024, 9:00 a.m.]


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