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PA Bulletin, Doc. No. 16-2064


Title 231—RULES OF


[ 231 PA. CODE CH. 200 ]

Order Amending Rule 227.3 of the Rules of Civil Procedure; No. 653 Civil Procedural Rules Doc.

[46 Pa.B. 7522]
[Saturday, December 3, 2016]


Per Curiam

And Now, this 16th day of November, 2016, upon the recommendation of the Civil Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. 103(a) in the interest of efficient administration:

It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 227.3 of the Pennsylvania Rules of Civil Procedure is amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective January 1, 2017.

Annex A




Rule 227.3. Transcript of Testimony.

 All post-trial motions shall contain a request designating that portion of the record to be transcribed in order to enable the court to dispose of the motion. Within ten days after the filing of the motion, any other party may file an objection requesting that an additional, lesser or different portion of the record be transcribed. If no portion is indicated, the transcription of the record shall be deemed unnecessary to the disposition of the motion. The trial judge shall promptly decide the objection to the portion of the record to be transcribed.

Official Note: [Pa.R.J.A. 5000.5(a) requires the request to be delivered to (1) the reporter, (2) the clerk of the trial court in which the proceeding took place or in which the reporter is employed, (3) the district court administrator or the administrator's designee, and (4) in the case of an appeal, to the clerk of the appellate court. The request for transcription of the record may also be made in open court. See Pa.R.J.A. 5000.5(b).

For rules governing transcript fees and their payment, see Pa.R.J.A. 5000.6, 5000.7, and 5000.11.]

For rules governing transcript requests, and transcript fees and their payment, see Pa.R.J.A. Nos. 4007, 4008, and 4009.

Explanatory Report

 On August 12, 2016, the Supreme Court of Pennsylvania adopted amendments to Pa.R.J.A. Nos. 4001—4016 governing court reporting and transcripts. These amendments have precipitated technical amendments to Pa.R.C.P. No. 227.3 governing the transcript of testimony, Pa.R.J.C.P. 380 governing the preservation of testimony after commencement of proceedings in delinquency actions, and Pa.R.J.C.P. 1380 governing the preservation of testimony after commencement of proceedings in dependency actions to cross-references to the court reporting and transcript rules.

 In Pa.R.C.P. No. 227.3, the note currently cross-references Pa.R.J.A. No. 5005.5 regarding the request for a transcript and provides additional information found in that rule. The note also cross-references to Pa.R.J.A. Nos. 5005.6, 5005.7, and 5005.11 governing the fees for transcripts and their payment. The amendment revises and simplifies the note to provide a cross-reference regarding the request for transcripts, the fees for transcripts and their payment to amended Pa.R.J.A. Nos. 4007, 4008, and 4009.

 In Pa.R.J.C.P. 380 and Pa.R.J.C.P. 1380, the Comments to both rules cross-reference the current chapter of the Rules of Judicial Administration governing court reporter and transcripts: 5000.1—5000.13. The amendments update these cross-references to the appropriate numbers: 4001—4016. Additionally, the Comments are revised to reflect recent revisions to the Comment to Pa.R.Crim.P. 500.

[Pa.B. Doc. No. 16-2064. Filed for public inspection December 2, 2016, 9:00 a.m.]

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