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PA Bulletin, Doc. No. 17-51

THE COURTS

FRANKLIN AND FULTON COUNTIES

Adoption of New Local Rules of Judicial Administration Governing Court Reporting and Transcripts; No. AD 7-2016; No. Misc. 2016-4570; No. Misc. 20-2016

[47 Pa.B. 191]
[Saturday, January 14, 2017]

Order of Court

And Now, December 28, 2016, the Court hereby adopts the following new Local Rules of Judicial Administration governing court reporting and transcripts for the 39th Judicial District.

Rule 4002. Definitions.

 (A) Commonwealth or subdivision thereof includes any Pennsylvania state, county, regional, or municipal government entity, including any department, board, attorney, employee or agent acting on behalf of that entity.

 (B) Transcript includes any electronic or paper record, including orders, prepared by a court reporter of any proceeding presided over by a judge, a magisterial district judge, or a master.

 (C) All transcripts fall into one or two categories regarding need and purpose:

 (1) An ordinary transcript is either:

 (a) required by rule because notice of appeal has been filed; or

 (b) required by order or rule to advance litigation in a matter currently before the court.

 (2) A non-ordinary transcript is any transcript requested or prepared for any reason other than ordinary as defined in section (C)(1) above.

 (D) The terms expedited, daily, and same day delivery refer to variations in the delivery deadline and cost for non-ordinary transcripts.

Rule 4007. Requests for Transcripts.

 (A) All requests for transcripts shall be set forth on a standardized Request for Transcript form provided by the Court Administrator of Pennsylvania. The Request for Transcript form can be downloaded from the Franklin County website at www.franklincountypa.gov or the Fulton County website at www.co.fulton.pa.us or copy can be obtained at the district court administrator's office.

 (B) For an ordinary transcript, the party requesting a full or partial transcript of a trial or other proceeding shall file the original request with the district court administrator. The requesting party shall also serve copies of the formal request to:

 (1) the judge presiding over the matter;

 (2) the court reporter assigned to the proceeding;

 (3) opposing counsel, but if not represented, the opposing party.

 (C) Expedited, daily, and same day transcripts are generally not available. If a party wishes to request a non-ordinary transcript, said request shall be filed in writing with the district court administrator at least 10 days prior to the proceeding. Court approval will be required.

 (D) When a litigant requests a transcript,

 (1) the litigant ordering the transcript shall make a non-refundable, partial payment of 90% of the estimated total cost of the transcript. The payment deposit shall be paid by cash, money order, certified check, or law firm check made payable to Franklin County and shall be delivered to the district court administrator.

 (2) Upon receipt of the 90% deposit, the court reporter(s) assigned to the proceeding shall be directed by the district court administrator to prepare the transcript.

 (3) The court reporter shall notify the ordering party and the district court administrator upon completion of the transcript and shall indicate the balance due.

 (4) Final payment shall be paid by cash, money order, certified check, or law firm check made payable to Franklin County and shall be delivered to the district court administrator. Upon payment of any balance owed, the court reporter(s) shall deliver the original transcript to the appropriate filing office and copies to the parties.

 (E) Any requests by a litigant for a transcript pursuant to Pa.R.J.A. 4007(E) alleging inability to pay due to economic hardship must be directed to the presiding judge for determination as provided in 4008(B).

 (F) When a transcript is requested for which the court or county is responsible for the cost, the court reporter shall prepare the transcript at the direction of the district court administrator after approval by the judge presiding over the matter who will determine the priority of the request.

Rule 4008. Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof.

 (A) Costs

 (1) Electronic Format. The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript in an electronic format shall not exceed:

 (a) for an ordinary transcript, $2.50 per page;

 (b) for an expedited transcript, $3.50 per page, with Court approval;

 (c) for daily transcript, $4.50 per page, with Court approval;

 (d) for same day delivery, $6.50 per page, with Court approval.

 (2) Paper Format. When the transcript is prepared in bound paper format, the costs shall be in accordance with paragraph (1) relating to electronic format plus a surcharge of $0.25 per page.

 (B) Economic hardship—minimum standards

 The application to waive all or a portion of costs for ordinary transcripts shall be supported by an affidavit substantially in the form required by Pa.R.C.P. 240(h). Such application shall be prepared in the form of a Petition to Waive All or a Portion of the Transcript Costs and submitted with the request for transcript. No reduction or waiver of costs shall be requested or granted for any non-ordinary transcript unless the requesting party demonstrates extraordinary need.

 (C) Copies of transcript

 A request for a copy of any transcript previously ordered, transcribed and filed of record shall be provided according to the following schedule:

 (1) $0.75 per page bound, paper format; and,

 (2) $0.50 per page electronic copy, not to exceed $50.00.

 (D) Additional Costs

 A trial judge may impose a reasonable surcharge in cases such as mass tort, medical malpractice or other unusually complex litigation, where there is a need for court reporters to significantly expand their dictionary. Such surcharges are at the discretion of the trial judge.

 Said Local Rules of Judicial Administration shall be effective in the 39th Judicial District of the Commonwealth of Pennsylvania thirty (30) days after publication in the Pennsylvania Bulletin and upon publication on the Franklin and Fulton Counties websites.

By the Court

CAROL L. VAN HORN, 
President Judge

[Pa.B. Doc. No. 17-51. Filed for public inspection January 13, 2017, 9:00 a.m.]



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