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PA Bulletin, Doc. No. 16-2297

THE COURTS

COLUMBIA AND MONTOUR COUNTIES

Business of the Courts; Case No. X of 2016

[46 Pa.B. 8176]
[Saturday, December 31, 2016]

Order

And Now, this 8th day of December, 2016, it is hereby Ordered and Decreed that L.R. Nos. 4007 and 4008 shall be adopted to the 26th Judicial District's Local Rules of Judicial Administration is adopted for use in both Columbia, and Montour Counties, Court of Common Pleas of the 26th Judicial District, Commonwealth of Pennsylvania, and shall become effective 30 days after publication in the Pennsylvania Bulletin.

 The 26th Judicial District Court Administrator is Ordered and Directed to do the following:

 1) File one (1) copy to the Administrative Office of Pennsylvania Courts via e-mail to adminrules@pacourts.us.

 2) Forward two (2) paper copies and one (1) electronic copy in a Microsoft Word format to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3) Publish the local rules on the court's website to be incorporated into the set of local rules on the website within 30 days after the publication of the local rules in Pennsylvania Bulletin.

 4) File one copy of the local rules in the appropriate filing offices for public inspection and copying.

By the Court

HONORABLE THOMAS A. JAMES, Jr., 
President Judge

L.R. No. 4007. Requests for Transcripts.

 (A) All requests for transcripts shall be set forth on a standardized form provided by the District Court Administrator. The form shall be available on the Columbia/Montour County website at: (www.columbia/montourcourts) or in the office of court administration.

 (B) The Request for Ordinary Transcripts: The party requesting the full or partial transcript of a trial or other proceeding shall file the original request with the Prothonotary/Clerk of Courts, or Clerk of Orphans Court office.

 (C) Service: The requesting party shall serve copies of the formal request to:

 1. The Presiding Judge

 2. The court reporter assigned to the proceeding

 3. District Court Administrator

 4. Opposing counsel or party, if party is unrepresented

 (D) Filing: Daily, expedited or same-day transcripts are available upon written request with the appropriate filing office at least 10 days prior to the proceeding. Copies of the request shall be served as provided by Section (C).

 (E) Private Litigant Requests: When a private litigant requests a transcript or other proceeding, the litigant making the request shall make payment in the amount of 75% of the estimated total cost of the transcript to the Court Reporter assigned to the proceeding.

 (F) Payment of Costs: All checks are to be made payable to The 26th Judicial District and shall be delivered to the Court Reporter. All payments received by the Court Reporter shall be remitted to the Prothonotary/Clerk of Courts, Clerk of Orphans Court office for receipt of said payment(s).

 (G) Preparation of Transcripts: Upon receipt of the 75% deposit, the court reporter(s) assigned to the proceeding shall prepare the transcript.

 (H) Notice of Completion: The court reporter(s) shall notify the ordering party of the completion of the transcript. Upon final payment of any balance due for said transcript(s), the Court Reporter shall obtain the signature of the presiding judge on the original transcript and file the original transcript in the appropriate filing office. Copies shall also be delivered to the parties by the court reporter.

 When a transcript is requested for which the court or county is irresponsible for the cost(s), the court reporter shall prepare the transcript without the necessity of a deposit.

 (I) Economic Hardship:

 (1) When a litigant requests a transcript, but cannot pay for the transcript because of an alleged economic hardship, the Court shall determine the economic hardship based upon application of the litigant to waive or reduce the cost(s) pursuant to R.C.P. 240. Such application shall be filed in the appropriate filing office with the request for transcript.

 (2) In cases of economic hardship where the matter is under appeal or a transcript is necessary to advance litigation, the costs of procuring the transcript shall be waived or otherwise adjusted by the Court.

 (3) In cases of economic hardship where there is no appeal pending or there exists no obvious need for the transcript to advance litigation, the requesting party must demonstrate reasonable need before the Court shall waive or adjust the cost of obtaining the transcript.

 Litigants represented by legal aid services are not required to prove economic hardship. Legal aid services must verify on the Transcript Request Form that the matter is under appeal or that the transcript being requested is necessary to advance current litigation.

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

 (A) Costs payable to the initial ordering party for transcripts delivered via electronic format shall not exceed:

 1. For an ordinary transcript, $2.50 per page

 2. For an expedited transcript, $3.50 per page

 3. For a daily transcript, $4.50 per page

 4. For same-day delivery, $6.50 per page

 5. For copies, $.25 per page

 6. For complex litigation, $4.50 per page (i.e. Medical Malpractice)

 (B) Costs payable by the Commonwealth or a subdivision thereof shall be governed as follows:

 1. For an ordinary transcript, $2.00 per page

 2. For an expedited transcript $2.25 per page

 3. For a daily transcript $3.50 per page

 4. For same-day delivery, $5.50 per page

 5. For copies, $.25 per page

 6. For complex litigation, $3.50 per page

 (C) When more than one party requests the transcript, or are required by general rule to file the transcript, the cost shall be divided equally among the parties. Costs shall not be assessed against any party for transcripts prepared at the initiation of the Court.

 (D)  Requests for copies of Transcripts previously ordered and filed of record shall be directed to and produced solely by the Court Reporters' office. Costs for filed transcripts shall be as follows:

 1. $.75 per page, paper format

 2. $.50 per page, electronic format

[Pa.B. Doc. No. 16-2297. Filed for public inspection December 30, 2016, 9:00 a.m.]



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