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PA Bulletin, Doc. No. 05-489

THE COURTS

SOMERSET COUNTY

Administrative Orders; No. 19 Misc. 2005

[35 Pa.B. 1759]

Adopting Order

   Now, this 1st day of March, 2005, it is hereby Ordered that:

   1.  Administrative Order 1-2005, Retention And Disposition Of Court Reporter Notes, a copy of which follows, is adopted, effective thirty (30) days after publication in the Pennsylvania Bulletin.

   2.  The Somerset County Court Administrator is directed to:

   A.  File seven (7) certified copies of this Order and the following Administrative Order with the Administrative Office of Pennsylvania Courts.

   B.  Distribute two (2) certified copies of this Order and the following Administrative Order, along with a diskette or CD, to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   C.  File one (1) certified copy of this Order and the following Administrative Order with the Pennsylvania Civil Procedural Rules Committee.

   D.  File one (1) certified copy of this Order and the following Administrative Order with the Pennsylvania Criminal Procedural Rules Committee.

   E.  File proof of compliance with this Order in the docket for these Rules, which shall include a copy of each transmittal letter.

By the Court

EUGENE E. FIKE, II,   
President Judge

ADMINISTRATIVE ORDER 1-2005

RE: RETENTION AND DISPOSITION OF COURT REPORTER NOTES

DATE:  __________

   1.  Raw notes of testimony are those on paper tapes and/or other media in the original state in which they existed at the time the testimony was taken.

   2.  Civil Cases (cases filed and docketed in Prothonotary's Office).

   A.  Once transcribed, raw notes of testimony may be destroyed 180 days after the filing of the transcript.

   B.  Raw notes of testimony that have not been transcribed may be destroyed 10 years from the date the testimony was taken.

   3.  Criminal Cases (cases filed and docketed in Office of Clerk of Courts).

   A.  Once transcribed, raw notes of testimony may be destroyed 180 days after the filing of the transcript.

   B.  In cases in which the most serious crime charged is a misdemeanor of the first degree or less, raw notes of testimony that have not been transcribed may be destroyed 10 years from the date the testimony was taken.

   C.  In felony cases, other than homicide, raw notes of testimony that have not been transcribed may be destroyed 40 years after the testimony was taken.

   D.  In homicide cases, raw notes of testimony that have not been transcribed shall be kept permanently and not destroyed without specific court order.

   4.  Orphans' Court Cases (cases filed and docketed in Office of the Clerk of Orphans' Court).

   A.  Once transcribed, raw notes of testimony may be destroyed 180 days after the filing of the transcript.

   B.  In other than adoption cases, raw notes of testimony that have not been transcribed may be destroyed 7 years from the date the testimony was taken.

   C.  In adoption cases, all records including raw notes of testimony that have not been transcribed and exhibits shall be retained permanently.

   5.  Any interested party may petition the court for an order directing retention of particular court reporter notes for a period of time beyond that required by this Administrative Order.

   6.  Disposal of raw notes shall be accomplished as provided in § 2.3 of the Supreme Court's Record Retention and Disposition Schedule. When completing disposal log forms, the raw notes need not be listed on the records disposal log by caption and case number, but may be listed merely by date of hearing.

[Pa.B. Doc. No. 05-489. Filed for public inspection March 18, 2005, 9:00 a.m.]



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