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PA Bulletin, Doc. No. 24-458

THE COURTS

Title 255—LOCAL COURT RULES

ARMSTRONG COUNTY

Adoption of New Local Court Rules—Custody of Exhibits; No. CP-03-AD-0000006-2024

[54 Pa.B. 1813]
[Saturday, April 6, 2024]

Order of Court

And Now, this 22nd day of March, 2024, in compliance with Rule 103(c) of the Pennsylvania Rules of Judicial Administration, It Is Hereby Ordered And Decreed, that Armstrong County Local Rule 1904 is Rescinded. Effective thirty (30) days after publication in the Pennsylvania Bulletin the Armstrong County Court of Common Pleas adopts the following Local Rules 5101, 5102, and 5103.

 The Armstrong County District Court Administrator is Ordered and Directed to do the following:

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

 2. Submit two (2) paper copy to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin and one (1) copy e-mailed in a Microsoft Word format only to bulletin@palrb.us.

 3. Publish these Rules on the Armstrong County Court website at www.accourts.com.

 4. Incorporate the local rules into the set of local rules on the Armstrong County website within thirty (30) days after the publication of the local rules in the Pennsylvania Bulletin.

 5. File one (1) copy of the local rule in the office of the Armstrong County Prothonotary for public inspection and copying.

By the Court

JAMES J. PANCHIK, 
President Judge

Local Rule 1904. Custody, Storage and Disposal of Exhibits.

 (To be rescinded)

Local Rule 5101. Definition.

 The term ''custodian,'' as used in this rule, shall mean the Prothonotary/Clerk of Courts, or a designated representative, as the case may be.

Local Rule 5102. Custody of Exhibits. General Provisions.

 (a) During Court Proceedings.

 (1) The custodian shall secure and maintain all documentary exhibits, photographs, and photographs of non-documentary exhibits accepted or rejected during the court proceeding.

 (2) If, for any given proceeding, no representative of the Clerk of Courts/Prothonotary is present, then the court reporter shall be designated as custodian during the court proceeding.

 (b) After Court Proceedings.

 The custodian shall deliver all documentary exhibits, photographs, and photographs of non-documentary exhibits to the Prothonotary/Clerk of Courts for filing within five (5) business days after the conclusion of the court proceeding.

Local Rule 5103. Custody of Exhibits. Special Provisions.

 (a) Documentary Exhibits.

 (1) If a proponent offers into evidence an exhibit such as a letter, report, drawing, map, photograph, or other document that is larger in size than 8-1/2 × 11 inches, the proponent shall ensure that a copy of the document reduced to 8-1/2 × 11 inches is entered into the record.

 (2) 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.

 (b) Photographs.

 (1) If a proponent offers into evidence a photograph, the proponent shall ensure that the original or a copy of the photograph in lieu of the original (no larger in size than 8-1/2 × 11 inches) is entered into the record.

 (2) A proponent who provides a copy of a photograph shall ensure that the reproduced document is clear and capable of further reproduction or transfer to digital media.

 (c) Non-documentary Exhibits: Generally.

 (1) If a proponent offers into evidence a non-documentary exhibit, the proponent shall ensure that a photograph (no larger in size than 8-1/2 × 11 inches) of the exhibit is entered into the record.

 (2) 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.

 (3) An exhibit that is bulky, oversized or otherwise physically impractical for the custodian to maintain, the exhibit shall be secured as directed by the court in a secured vault established for such purpose.

 (4) Any exhibit that cannot be printed (i.e., audio or video recording) shall be entered into the record on a Universal Serial Bus (USB) flash drive (or other format, such a compact disc, if expressly approved by the court).

 (d) Non-documentary Exhibits: Weapons, Contraband, Hazardous Materials.

 (1) If a proponent intends to bring any weapon, drug or other dangerous material into court for use in a proceeding, the proponent shall so notify the Sheriff of Armstrong County at least one day in advance and attach the gun or material to a board.

 (2) In any proceeding in which weapons, cash, other items of value, drugs, or other dangerous materials are offered into evidence, the custodian shall secure the exhibits while the court proceeding is in session, as well as during all breaks and recesses. The securing of exhibits of this nature shall be done under the supervision of the Sheriff of Armstrong County or deputy.

[Pa.B. Doc. No. 24-458. Filed for public inspection April 5, 2024, 9:00 a.m.]



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