THE COURTS
Title 255—LOCAL COURT RULES
WAYNE COUNTY
Local Rule of Judicial Administration; No. 155 CV 2024
[54 Pa.B. 3929]
[Saturday, July 13, 2024]
Order And Now, this 1st day of April, 2024, Wayne County Court of Common Pleas adopts the following Local Rules of Judicial Administration governing the Custody of Exhibits for the 22nd Judicial District to be effective April 1, 2024.
The District Court Administrator is directed to:
1. File one (1) certified copy of this Order with the Administrative Office of Pennsylvania Courts via email to adminrules@pacourts.us;
2. Submit two (2) certified copies of this Order and one (1) electronic copy in Microsoft Word format to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
3. Publish a copy of this Order on the Wayne County Court of Common Pleas website;
4. Compile the local rule within the complete set of local rules no later than 30 days following publication in the Pennsylvania Bulletin.
Local Rule Judicial Administration 5102.1. Custody of Exhibits. General Provisions.
(a) Custodian.
(1) The Clerk of Courts or Prothonotary who is present at a court proceeding shall be the custodian for all documentary exhibits and photographs or electronic copies of non-documentary exhibits accepted or rejected during court proceedings. The custodian shall secure, maintain, retain, and index all exhibits in accordance with Pa.R.J.A. 5101—5105.
(2) In the event no representative of the Clerk of Courts or Prothonotary is present at the court proceeding, the Court Recorder, or any other court staff designated by the judicial officer, shall take temporary custody of all documentary exhibits and photographs or electronic copies of non-documentary exhibits accepted or rejected during the court proceeding.
(3) The custodian shall file the written index of the exhibits and all documentary exhibits, photographs or electronic copies of non-documentary exhibits with the records office upon conclusion of the court proceeding, but not later than five (5) business days after conclusion of the proceeding.
(4) The proponent shall secure and maintain all non-documentary exhibits in accordance with Rule 5103.1(c) and (d) unless otherwise directed by the Court.
(b) Index of Exhibits. The Clerk of Courts, Prothonotary, or Court Recorder present at the court proceeding shall maintain an index of exhibits in a format to be approved by the President Judge.
(c) Confidential Information. If an exhibit offered into evidence contains confidential information or confidential documents as defined in the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, the proponent shall include a properly completed Confidential Document Form. These forms shall be given by the proponent to the court staff member maintaining the index of exhibits at the time evidence is introduced.
Local Rule Judicial Administration 5103.1. 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 (or smaller) 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 in lieu of the non-documentary exhibit.
(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) Unless otherwise ordered by the court, at the conclusion of the court proceedings, non-documentary exhibits shall remain in the custody of the proponent custodian for safekeeping as required by any applicable retention periods, or until further order of court.
(d) Non-documentary Exhibits: Weapons, Contraband, Hazardous Materials.
(1) 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 and recesses.
(2) During the proceeding, the proponent shall exercise all appropriate safeguards necessary to protect the public based on the nature of the exhibit.
(3) Exhibits comprised of weapons, cash, other items of value, drugs, or other dangerous materials are prohibited from viewing in the jury room. The court may direct alternative viewing arrangements for such exhibits upon the request of the jury.
(4) Unless otherwise ordered by the court, at the conclusion of the court proceedings, non-documentary exhibits shall remain in the custody of the proponent custodian for safekeeping as required by any applicable retention periods, or until further order of court.
By the Court
JANINE EDWARDS,
President Judge
[Pa.B. Doc. No. 24-978. Filed for public inspection July 12, 2024, 9:00 a.m.]
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