THE COURTS
Title 255—LOCAL COURT RULES
FRANKLIN AND FULTON COUNTIES
Adoption of 39th Jud.Dis. Rules Jud.Adm. 5102.1, 5102.2, 5103.1 and 5103.2; Administrative Order re: AD: 9-2024
[54 Pa.B. 955]
[Saturday, February 24, 2024]
Order And Now, this 5th day of February, 2024, pursuant to Pennsylvania Rule of Judicial Administration 103(c), the 39th Judicial District hereby adopts 39th Jud.Dis. Rules Jud.Adm. 5102.1, 5102.2, 5103.1, and 5103.2, effective thirty (30) days after the publication of same in the Pennsylvania Bulletin.
Accordingly, Mr. Mark Singer, District Court Administrator for the 39th Judicial District, is ordered and directed to do the following:
1. Email one (1) copy of this Order and the following rules to the Administrative Office of Pennsylvania Courts (AOPC) at adminrules@pacourts.us.
2. Mail one (1) paper copy of this Order and the following rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin to the following address: Pa. Code and Bulletin, Legislative Reference Bureau, 647 Main Capitol Building, Harrisburg, PA 17120.
3. Email one (1) copy of this Order and the following rules in Microsoft Word format only to the Legislative Bureau at bulletin@palrb.us for publication in The Pennsylvania Bulletin.
4. File one (1) copy of this Order and the following rules with the following offices: the Clerk of Courts, Orphans' Court, and Prothonotary in both Franklin County and Fulton County, and mail one (1) copy to the Franklin County Law Library to be used for public inspection and copying.
5. Publish a copy of this Order and the following rules on the Franklin County Court website and the Fulton County Court website.
6. Incorporate and publish the following rules into the 39th Judicial District's set of local rules on the Franklin County Court website and the Fulton County Court website not later than Monday, March 25, 2024.
By the Court
SHAWN D. MEYERS,
President Judge39th Jud.Dis.R.Jud.Adm. 5102.1. Custody of Exhibits Generally.
(a) Application. These Rules, 39th Jud.Dis.R.Jud.Adm. 5102.1—5103.2 and Pa.R.J.A. 5101—5105, shall apply to Court Proceedings as defined by Pa.R.J.A. 5101(a)(1).
(b) Index of Exhibits and Confidential Information.
1. During Criminal Court Proceedings, a member of the Clerk of Courts' office or Court designee shall maintain the Index of Exhibits. The member of the Clerk of Courts' office shall utilize the Exhibit List form provided by the AOPC/CPCMS program. To the extent the AOPC/CPCMS Exhibit List form is not available or accessible, the member of the Clerk of Courts' office or the Court designee shall utilize the Index of Exhibits form supplied by Court Administration substantially in the form denoted at the end of these Rules.
2. During all Non-Criminal Court Proceedings, the Court Stenographer, Courtroom Technician, or Court designee, shall maintain the Index of Exhibits. The Court Stenographer, Courtroom Technician, or Court designee shall utilize the Index of Exhibits form supplied by Court Administration substantially in the form denoted at the end of these Rules.
3. In all Court Proceedings, the Proponent shall include a properly completed 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 Court designee maintaining the Index of Exhibits at the time evidence is introduced.
4. The Index of Exhibits shall be filed of record with the corresponding Records Office, as defined by Pa.R.J.A 5101(a)(7), before the Court declares the record closed, but not later than five business days after the conclusion of the Court Proceeding pursuant to Pa.R.J.A. 5104(a)(2).
(c) Weapons, Contraband, and Hazardous Materials Pursuant to Pa.R.J.A. 5103(d), and Other Dangerous Items.
1. Dangerous Items Defined. ''Dangerous Items'' within these Rules shall include, but are not limited to, weapons, cash, currency, money, negotiable instruments, other items of value, drugs, dangerous materials, guns, knives, explosives, controlled substances, narcotics, intoxicants, toxic materials, biological items, and biohazards. ''Dangerous Items'' may also include other items not specifically defined herein as determined by the presiding judge.
2. Each presiding judge in any Court Proceeding may issue special instructions to address the method by which Dangerous Items are offered into evidence, including the party that shall secure the exhibits while the Court Proceeding is in session, as well as during all breaks and recesses, which method shall be confirmed by an Order of Court.
3. In the absence of a Court Order, in any Court Proceeding where Dangerous Items 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.
4. During a Court Proceeding, the Proponent shall exercise all appropriate safeguards necessary to protect the public based on the nature of the exhibit.
5. Exhibits comprised of Dangerous Items are prohibited from viewing in the jury room. The Court may direct alternative viewing arrangements for such exhibits upon the request of the jury.
6. At the conclusion of a Court Proceeding, all Dangerous Items which have been offered into evidence, whether or not admitted of record, shall be kept in the custody of the Proponent, the Proponent's Designee, or such other person as designated by the presiding judge.
7. Dangerous Items categorized under this Rule may only be disposed of or destroyed by an Order of Court.
8. If there are Dangerous Items which require temporary storage, the Sheriff's Office shall provide the Proponent with an escort to the Records Office, as defined by Pa.R.J.A 5101(a)(7), or other secure area designated by the presiding judge.
39th Jud.Dis.R.Jud.Adm. 5102.2. Custody of Exhibits During and After Proceedings.
(a) Proceedings Docketed with the Prothonotary.
1. Custodian Defined. Except as provided in Pa.R.J.A. 5103(d) and 39th Jud.Dis.R.Jud.Adm. 5102.1(c), the Custodian of all exhibits shall be the Prothonotary or the Court's designee.
2. Custody of Exhibits During a Court Proceeding. Throughout a Court Proceeding, all documentary and non-documentary exhibits shall remain in the custody of the Proponent until the exhibit is offered for admission into the record. Whether accepted or rejected by the presiding judge, the exhibit shall then be placed in the temporary custody of the Court Reporter, Courtroom Technician, or Court designee. As time permits, the Court Reporter, Courtroom Technician, or Court Designee shall deliver the documentary and non-documentary exhibits to the Custodian at the conclusion of each business day during the Court Proceeding. The Court Reporter, Courtroom Technician, or Court designee shall retrieve the documentary and non-documentary exhibits from the Custodian before the Court Proceeding resumes each day. Notwithstanding this subdivision, the parties may agree to an alternate custodial process if approved by the presiding judge and confirmed by an Order of Court.
3. Custody of Exhibits After a Court Proceeding. The Custodian shall take steps necessary to file all exhibits, whether offered for admission during the Court Proceeding or as ordered by the presiding judge, to be made a part of the case file with the Records Office, as defined by Pa.R.J.A 5101(a)(7), before the Court declares the record closed, but not later than five business days after the conclusion of the Court Proceeding pursuant to Pa.R.J.A. 5104(a)(2).
(b) Proceedings Docketed with the Clerk of Courts.
1. Custodian Defined. Except as provided in Pa.R.J.A. 5103(d) and 39th Jud.Dis.R.Jud.Adm. 5102.1(c), the Custodian of all exhibits shall be the Clerk of Courts or the Court's designee.
2. Custody of Exhibits During a Court Proceeding. Throughout a Court Proceeding, all documentary and non-documentary exhibits shall remain in the custody of the Proponent until the exhibit is offered for admission into the record. Whether accepted or rejected by the presiding judge, the exhibit shall then be placed in the Custodian's custody. Notwithstanding this subdivision, the parties may agree to an alternate custodial process if approved by the presiding judge and confirmed by an Order of Court.
3. Custody of Exhibits After a Court Proceeding. The Custodian shall take steps necessary to file all exhibits, whether offered for admission during the Court Proceeding or as ordered by the presiding judge, to be made a part of the case file with the Records Office, as defined by Pa.R.J.A 5101(a)(7), before the Court declares the record closed, but not later than five business days after the conclusion of the Court Proceeding pursuant to Pa.R.J.A. 5104(a)(2).
(c) Proceedings Docketed with the Orphans' Court.
1. Custodian Defined. Except as provided in Pa.R.J.A. 5103(d) and 39th Jud.Dis.R.Jud.Adm. 5102.1(c), the Custodian of all exhibits shall be the Court's designee.
2. Custody of Exhibits During a Court Proceeding. Throughout a Court Proceeding, all documentary and non-documentary exhibits shall remain in the custody of the Proponent until the exhibit is offered for admission into the record. Whether accepted or rejected by the presiding judge, the exhibit shall then be placed in the Custodian's custody. Notwithstanding this subdivision, the parties may agree to an alternate custodial process if approved by the presiding judge and confirmed by an Order of Court.
3. Custody of Exhibits After a Court Proceeding. The Custodian shall take steps necessary to file all of the exhibits, whether offered for admission during the proceeding or as ordered by the presiding judge, to be made a part of the case file with the Records Office, as defined by Pa.R.J.A 5101(a)(7), before the Court declares the record closed, but not later than five business days after the conclusion of the Court Proceeding pursuant to Pa.R.J.A. 5104(a)(2).
(d) Proceedings before a Juvenile Hearing Officer.
1. Custodian Defined. Except as provided in Pa.R.J.A. 5103(d) and 39th Jud.Dis.R.Jud.Adm. 5102.1(c), the Custodian of all exhibits shall be the Juvenile Hearing Officer or the Court's designee.
2. Custody of Exhibits During a Juvenile Court Proceeding. Throughout a Juvenile Court Proceeding, all documentary and non-documentary exhibits shall remain in the custody of the Proponent until the exhibit is offered for admission into the record. Whether accepted or rejected by the Juvenile Hearing Officer, the exhibit shall then be placed in the Custodian's custody. Notwithstanding this subdivision, the parties may agree to an alternate custodial process if approved by the Juvenile Hearing Officer, confirmed by a written agreement between the parties and the hearing officer, and said written agreement is placed on the record.
3. Custody of Exhibits After a Juvenile Court Proceeding. The Custodian shall maintain custody of all of the exhibits offered for admission during the Juvenile Court Proceeding until such time as the Juvenile Hearing Officer transfers custody of all of the exhibit(s) with the Juvenile Hearing Officer's proposed recommendation(s) to the Juvenile Court Judge. Once the Juvenile Court Judge enters an Order accepting or rejecting the Juvenile Hearing Officer's recommendation(s), the Juvenile Court Judge or their designee shall file all of the exhibits with the Records Office, as defined by Pa.R.J.A 5101(a)(7), not later than five business days after the entry of the Juvenile Court Judge's Order.
(e) Proceedings before a Hearing Officer, or other Record/Quasi-Judicial Proceedings.
1. Custodian Defined. Except as provided in Pa.R.J.A. 5103(d) and 39th Jud.Dis.R.Jud.Adm. 5102.1(c), the Custodian of all exhibits shall be the Hearing Officer or the Court's designee.
2. Custody of Exhibits During a Court Proceeding. Throughout a Court Proceeding, all documentary and non-documentary exhibits shall remain in the custody of the Proponent until the exhibit is offered for admission into the record. Whether accepted or rejected by the Hearing Officer, the exhibit shall then be placed in the Custodian's custody. Notwithstanding this subdivision, the parties may agree to an alternate custodial process if approved by the Hearing Officer, confirmed by a written agreement between the parties and the Hearing Officer, and said written agreement is placed on the record.
3. Custody of Exhibits After a Court Proceeding. The Custodian shall take steps necessary to file all exhibits offered for admission during the Court Proceeding with the Records Office, as defined by Pa.R.J.A 5101(a)(7), within five business days of the conclusion of the Court Proceeding or within five business days of the lodging of the final decision by the Hearing Officer.
39th Jud.Dis.R.Jud.Adm. 5103.1. Custody of Exhibits. Special Provisions.
(a) Photographs of Non-Documentary Exhibits.
1. In advance of a proceeding, the Proponent shall prepare a physical, photographic copy of all potential, non-documentary exhibits pursuant to Pa.R.J.A. 5103(b).
2. The Proponent shall also include a separate document describing the photograph(s), including:
i. the complete case name,
ii. docket number,
iii. judge assigned,
iv. Proponent name and counsel name, if represented,
v. date photograph was taken, and
vi. the date of the proceeding where the exhibit is intended to be offered.
(b) Media Depositions. Media depositions presented at trial shall be retained by the Proponent. The Proponent shall submit either a copy of the media deposition on a portable media device or a transcript of the media deposition as an exhibit provided it complies with subdivision (c) of this Rule.
(c) Reproduction of Oversized or Voluminous Documentary Exhibits.
1. Where the intended, original documentary exhibit(s) exceeds 250 pages (single sided), the Proponent shall cause the exhibit to be transformed into a portable document file (''pdf'') and placed onto a flash drive, thumb drive, usb drive, or other portable media-containing device.
2. The Proponent shall place the portable media device in an envelope not exceeding 8 1/2 by 11 inches containing either a label on the envelope or a separate document within the envelope describing the device's contents, including:
i. the complete case name,
ii. docket number,
iii. judge assigned,
iv. Proponent name and counsel name, if represented,
v. creation date of original documents (if known),
vi. date documents were reduced to pdf, and
vii. the date of the proceeding where the exhibit(s) is intended to be offered.
(d) Status Conference for Bulky, Oversized, or Otherwise Physically Impractical Exhibits.
1. In advance of any proceeding where a Proponent anticipates their exhibit(s) will be categorized as bulky, oversized, or otherwise physically impractical pursuant to Pa.R.J.A. 5103(c)(3), the Proponent shall motion for a status conference to be attended by all counsel and parties of record, if unrepresented.
2. A status conference held pursuant to this subdivision may be held via telephone or other electronic means at the discretion of the presiding judge.
3. The presiding judge, counsel, and parties if unrepresented, shall discuss maintenance and security of the exhibit(s) both during and after the proceeding consistent with Pa.R.J.A. 5104(a)(4), and the presiding judge shall confirm same per an Order of Court.
39th Jud.Dis.R.Jud.Adm. 5103.2. Retention of Non-Documentary Exhibits.
(a) Application. Subdivisions (b), (c), and (d) of this Rule are subject to the alternate custody and disposition established, if any, pursuant to 39th Jud.Dis. Rules Jud.Adm. 5102.1(c), 5103.1(d), or subdivision (e) of this Rule.
(b) Items held by Prothonotary. The Prothonotary shall retain all non-documentary exhibits for not less than the timeframes indicated for documentary records in the County Records Manual pertaining to ''PY-7 Civil Papers/Files,'' or other applicable, statutory period.
(c) Items held by Clerk of Courts.
1. Criminal Matters not involving Juveniles. The Clerk of Courts shall retain all non-documentary exhibits for the lesser of the following periods: the timeframes indicated for documentary records in the County Records Manual section ''CC-10 Criminal Papers/Files,'' the death of the incarcerated person, the release of the person from incarceration including the period of mandatory supervised release for the offense(s), or other applicable, statutory period.
2. Matters involving Juveniles. The Clerk of Courts shall retain all non-documentary exhibits until the juvenile is age 25 or 10 years after the last action on the case, whichever is later, consistent with the County Records Manual pertaining to ''CC-19 Juvenile Papers/Files'' for documentary records, or other applicable, statutory period.
(d) Items held by the Orphans' Court. The Orphans' Court shall retain all non-documentary exhibits for not less than the timeframes indicated for documentary records in the County Records Manual pertaining to the ''Offices of the Register of Wills and Clerk of The Orphans' Court,'' or other applicable, statutory period.
(e) Alternate Disposition. Notwithstanding the foregoing subdivisions, a designee from a Records Office (as defined by Pa.R.J.A. 5101(a)(7)), a party, or any other interested person or entity may petition the Court for the return, destruction, or other disposition of non-documentary evidence. A petition filed pursuant to this subdivision shall be decided by the presiding judge, if the presiding judge is unavailable the petition shall be decided by the president judge.
THE COURT OF COMMON PLEAS OF THE 39th JUDICIAL DISTRICT
OF PENNSYLVANIA
Index of Exhibits Case Name: __________
Docket Number: __________
Proceeding: __________
Date: __________
Presiding Judge: __________
Parties/Counsel Present: __________
__________
Number Description/Title Proponent Admitted Rejected Sealed
by
CourtConfidential
Info Sheet
Required?Name of Person Completing this Index:
___________________________
[Pa.B. Doc. No. 24-227. Filed for public inspection February 23, 2024, 9:00 a.m.]
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