THE COURTS

Title 255—LOCAL COURT RULES

DELAWARE COUNTY

Custody of Exhibits; No. CV-2022-3777

[54 Pa.B. 1818]
[Saturday, April 6, 2024]

Administrative Order

 And Now, this 22nd day of March 2024, it is hereby Ordered and Decreed that Delaware County Local Rule of Civil Procedure 223.1 is hereby Rescinded and Substituted with Local Rules of Judicial Administration 5103, 5104, and 5105 as set forth as follows.

 The Solicitor for Internal Management is hereby Ordered to:

 1. Distribute one copy of each Rule to the Administrative Office of Pennsylvania Courts via email at adminrules@ pacourts.us.

 2. Distribute two paper copies of the local Rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. Distribute one copy of each of the local Rules to the Legislative Reference Bureau via email at bulletin@ palrb.us in a Microsoft Word format.

 4. Publish the local Rules on the Delaware County Court's website.

 5. Incorporate the local Rules into the set of local Rules on this Court's website within 30 days after the publication of the Rules in the Pennsylvania Bulletin.

 6. File one copy of each of the local Rules in the following filing offices of Delaware County: Office of Judicial Support, Office of the District Attorney, Juvenile Court, Orphans' Court, Domestic Relations, and Children and Youth Services.

By the Court

LINDA A. CARTISANO, 
President Judge

Rule 5103. Custody of Exhibits. General Provisions.

 (A) Court Proceedings before Common Pleas Court.

 (1) A ''custodian'' will either be a member of court staff, e.g., court reporter, Judicial Support Information Officer, Office of Judicial Support (hereinafter ''OJS''), Court Information Officer, District Attorney Evidence Custodian, Domestic Relations Court Unit, the Register of Wills/Orphans' Court, or the proponent of the exhibit. See Pa.R.J.A. 5101(a)(2) (definition of custodian). When the proponent is designated as the custodian, the proponent will fulfill all the responsibilities of a custodian in accordance with Pa.R.J.A. 5102.

 (2) A local court security committee shall make recommendations to the President Judge on protocols, policies, and procedures that should be implemented to protect the public, court personnel, and court facilities in the event of an emergency as deemed necessary. See Pa.R.J.A. 1954 (Court Security).

 (3) The appropriate entity, as designated below, shall be the custodian of all documentary exhibits and photographs of non-documentary exhibits accepted or rejected during and after court proceedings.

 (B) Custody of Documents before and after Common Pleas Court Proceedings.

 (1) Civil and Criminal Proceedings before the Court of Common Pleas.

 (a) Unless directed otherwise herein, the Judicial Support Information Officer on behalf of OJS shall:

 (i) retain or take custody of all documentary exhibits, photographs, and photographs of non-documentary exhibits accepted or rejected during the court proceedings.

 (ii) formally designate all documentary exhibits, photographs, and photographs of non-documentary exhibits with the Office of Judicial Support Public Access System within five (5) business days of the conclusion of the court proceedings; and

 (iii) secure and maintain all other non-documentary exhibits as directed by the Court or agreed to by the parties.

 (b) Unless directed otherwise herein, OJS shall be designated as the custodian of all documentary exhibits and photographs of non-documentary exhibits after court proceedings have concluded.

 (2) Civil Arbitration Proceedings.

 (a) In Civil Arbitration proceedings, neither OJS nor the arbitrators are required to retain any exhibits. The documentary and non-documentary exhibits shall not be a matter of record.

 (3) Juvenile Criminal Matters before a Hearing Officer or Judge.

 (a) If an exhibit is admitted into evidence, the Hearing Officer or Judge, in conjunction with the Juvenile Court Information Officer, shall file the documents in an envelope marked with the appropriate case ID. The envelope shall be placed in the Juvenile Court file.

 (b) The Hearing Officer or Judge, in conjunction with the Juvenile Court Information Officer, shall retain all documentary exhibits, photographs, and photographs of non-documentary exhibits accepted or rejected during the court proceedings, such shall be a matter of record.

 (c) The Juvenile Court Information Office shall act as the custodian of all documentary and non-documentary exhibits unless otherwise directed herein.

 (4) Domestic Relations Proceedings before a Judge.

 (a) During Domestic Relations proceedings before a Judge, the Domestic Relations Court Unit shall be the custodian of the documentary exhibits, and such shall be a matter of record.

 (b) In Domestic Relations proceedings before a Judge, the Domestic Relations Court Unit shall retain all documentary exhibits, photographs, and photographs of non-documentary exhibits accepted or rejected during the court proceedings unless otherwise directed herein.

 (c) In Domestic Relations proceedings before a Judge, the Domestic Relations Court Unit, shall prepare the Index of Exhibits and file the Index of Exhibits within the court file.

 (d) After Domestic Relations proceedings before a Judge, the Domestic Relations Court Unit shall secure and maintain all exhibits and shall act as the custodian of records.

 (e) The Domestic Relations Court Unit shall comply with any and all requirements of the PACSES systems.

 (5) Proceedings before Divorce/Custody/Support Hearing Officers.

 (a) In proceedings before the Divorce/Custody/Support Hearing Officer, neither OJS nor the Hearing Officer are required to retain any exhibits. The documentary and non-documentary exhibits shall not be a matter of record.

 (6) Proceedings before Orphans' Court.

 (a) During proceedings before the Orphans' Court, the Register of Wills, in conjunction with the Judicial Support Information Officer on behalf of OJS, shall be the custodian of the documentary exhibits, and such shall be a matter of record.

 (b) In proceedings before the Orphans' Court, the Register of Wills, in conjunction with the Judicial Support Information Officer on behalf of OJS, shall retain all documentary exhibits, photographs, and photographs of non-documentary exhibits accepted or rejected during the court proceedings unless otherwise directed herein.

 (c) In proceedings before the Orphans' Court, the Judicial Support Information Officer on behalf of OJS shall prepare the Index of Exhibits and file the Index of Exhibits with the exhibits in the Register of Wills File.

 (d) After proceedings before the Orphans' Court, the Register of Wills shall secure and maintain all exhibits and shall act as the custodian of records.

 (e) After proceedings before the Orphans' Court relating to Termination of Parental Rights, OJS shall secure and maintain all exhibits and shall act as the custodian of records.

 (7) Children and Youth Services (''CYS'')/Dependency Proceedings before a Hearing Officer or a Judge.

 (a) In proceedings involving CYS or Dependency before a Hearing Officer or a Judge, the Judicial Support Information Officer on behalf of OJS shall maintain all exhibits and records.

Rule 5104. Custody of Exhibits. Special Provisions.

 (a) Any custodian accepting exhibits shall maintain the Index of Exhibits during court proceedings. Such custodian shall use the form supplied by Court Administration which shall be in the following format:

Index of Exhibits

Exhibit Number/Description/Title Proponent Admitted Rejected

Sealed by Court

Confidential Information Sheet (If required)

 (b) If statutorily required, the proponent shall include a Confidential Information Form or Confidential Document Form for any exhibit offered into evidence that contains confidential information or confidential documents as defined in the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. These forms shall be given by the proponent to the applicable custodian at the time the evidence is introduced and maintained by the custodian in the file.

 (c) Documentary Exhibits: Generally

 (1) If a document is larger than 8-1/2 × 11 inches, the Judicial Support Information Officer on behalf of the Office of Judicial Support (hereinafter ''OJS'') shall be provided with a copy of the same sized 8-1/2 × 11 inches. Items larger than 8-1/2 × 11 may be used for illustration during the court proceedings.

 (2) Media depositions presented at trial shall remain in the proponent's possession. The proponent shall simultaneously submit a transcript of the deposition as an exhibit in the form of a zip drive, flash drive, or compacted disc.

 (3) Any digital exhibit that cannot be printed (i.e., audio or video recording) shall be entered into the record in OJS public access system, flash drive, or other format if expressly approved by the court. If one party has multiple digital exhibits, they may be submitted together on one USB flash drive.

 (d) Non-documentary Exhibits: Generally

 (1) If the exhibit is bulky, oversized, or contains contraband including but not limited to controlled substances, narcotics, or weapons, either OJS, the District Attorney Evidence Custodian, Court Information Office for Juvenile matters, Orphans' Court and Domestic Relations Unit, or the proponent shall retain custody of the exhibit as directed by the Court.

 (2) If any Exhibits are weapons, narcotics, controlled substances, or other contraband, it shall be placed in the evidence room where the District Attorney Evidence Custodian signs an evidence log form acknowledging receipt of same. Thereafter, the form shall remain in the file.

 (3) Bulky, oversized Exhibits that do not require the services of the District Attorney Evidence Custodian shall be retained by the Judicial Support Information Officer on behalf of OJS, or Court Information Office for Juvenile matters. Thereafter, such evidence shall be identified on an evidence log form and placed in the file.

Rule 5105. Confidentiality. Exhibits Under Seal.

 (a) The Proponent of an exhibit containing confidential information or confidential documents, as defined in the Case Records Access Policy of the Unified Judicial System of Pennsylvania (Policy), shall include a confidential document form, prepared in compliance with the Policy, so the exhibit may be sealed by the Records Office.

 (b) Exhibits sealed by the Court during the Court proceedings shall not be accessible by the public.

 (c) The Custodian or Records/filing Office, as may be applicable, shall maintain all non-documentary evidence

 (1) in a Civil, Orphans' Court or Domestic Relations matter until the later of the expiration of the appeal period from the final disposition of the case, as otherwise required by any applicable retention schedule, law, rule, regulation or policy, or as directed by the Court;

 (2) in Criminal and Juvenile Court proceedings until the later of the expiration of any applicable retention schedule, law, rule, regulation or policy, or as otherwise directed by the Court.

 Effective Date: This Rule shall be effective April 1, 2024.

[Pa.B. Doc. No. 24-462. Filed for public inspection April 5, 2024, 9:00 a.m.]

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