Rule 4007. Requests for Transcripts.
(A) All requests for transcripts shall be set forth on a standardized form provided by the Court Administrator or a form prepared by the judicial district and approved by the Court Administrator. The form shall indicate the current rates authorized to be charged for transcripts under these rules.
(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 or other appropriate filing office of the court. The requesting party shall also serve copies of the formal request to:
(1) the judge presiding over the matter;
(2) the court reporter, court recorder or transcriptionist;
(3) the district court administrator or his or her designee (if not filed with the district court administrator); and
(4) opposing counsel, but if not represented, the opposing party.
The provisions of subsection (B) do not apply to requests by the Judicial Conduct Board.
(C) In courts where daily, expedited, or same day transcripts are available, requests for these transcripts shall be made as provided for in local rule. In the event of an emergency, a party may request by oral motion a daily, expedited, or same day transcript.
(D) When a party requests a transcript,
(1) the party ordering a transcript shall make partial payment in an amount established by local rule. Deposit checks are to be made payable to the judicial district or county, as set by local rule, and shall be delivered to the district court administrator or other court designee.
(2) the court reporter or transcriptionist shall prepare the transcript upon direction of the court’s designee.
(3) the court reporter, court recorder or transcriptionist shall notify the ordering party and the court’s designee of the completion of the transcript and deliver a copy of the transcript to the judge presiding over the matter.
(4) upon payment of any balance owed, the court reporter, court recorder or transcriptionist shall deliver the original transcript to the appropriate filing office and copies to the parties. Checks for the final balance are to be made payable to the judicial district or county, as set by local rule, and shall be delivered to the district court administrator or other court designee.
(E) When a party requests a transcript, but cannot pay for the transcript because of alleged economic hardship, the court shall determine economic hardship pursuant to the procedure set forth in Rule 4008(B). In cases of economic hardship, where the matter is under appeal or a transcript is necessary to advance the litigation, the costs of procuring the transcript shall be waived or otherwise adjusted by the court. In cases of economic hardship where there is no appeal pending or there exists no obvious need for the transcript to advance the litigation, the requesting party must demonstrate reasonable need before the court shall waive or adjust the cost of obtaining the transcript.
(F) When a transcript is requested for which the court or county is responsible for the cost, the court reporter, court recorder or transcriptionist shall prepare the transcript without the necessity of a deposit.
Comment Nothing in this rule prevents a local court from adopting an electronic filing request procedure provided the request is effectively communicated to the listed persons.
Within the framework of these rules, the particular methods and logistics for receiving and accounting for costs shall be left to the discretion of the president judge and district court administration. Note, however, that deposit checks and final payment checks are to be made payable to the judicial district or county, not to the individual court reporter or transcriptionist preparing the transcript.
It is anticipated that court reporters shall continue to be compensated for the preparation of transcripts pursuant to local rule or practice. It is not contemplated that this rule shall interfere with or otherwise limit the income of court reporters. In this regard, in certain jurisdictions, court reporters earn a substantial portion of their income through the preparation of transcripts. It shall remain the duty of the president judge and district court administrator to assure that the implementation of these rules does not unfairly limit the ability of court reporters to be properly compensated for their professional services.
The rule also recognizes that unreasonable demands for free or reduced-cost transcripts can result in a significant economic burden on the court system; for this reason, the rule attempts to distinguish necessary and nonessential requests.
Requests for transcripts of sentencing hearings required by law under 42 Pa.C.S.A. § 9764(b)(5)(ii) are not subject to the transcript request provisions of this Rule.
Source The provisions of this Rule 4007 amended May 25, 2018, effective July 1, 2018, 48 Pa.B. 3403; amended December 12, 2019, effective immediately, 49 Pa.B. 7570. Immediately preceding text appears at serial pages (392532) to (392534).
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