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PA Bulletin, Doc. No. 24-492

THE COURTS

Title 255—LOCAL COURT RULES

LEBANON COUNTY

Rules of Civil Procedure; Administrative Order No. 1 of 2024; Doc. No. 2024-00021

[54 Pa.B. 1947]
[Saturday, April 13, 2024]

Order of Court

 And Now, this 27th day of March, 2024, pursuant to Pa.R.J.A. 103(c), it is Hereby Ordered that the Court adopts the following Rule of Civil Procedure Rule 52-223.1 regarding Custody of Exhibits which becomes effective April 1, 2024.

 The District Court Administrator is Hereby Ordered to:

 1. File one certified copy of this Order with the Administrative Office of Pennsylvania Courts to adminrules@ pacourts.us;

 2. Submit two paper copies of this Order to the Legislative Reference Bureau and one electronic copy in Microsoft Word format only to bulletin@palrb.us for publication in the Pennsylvania Bulletin;

 3. Provide one copy of this Order to the members of the Lebanon County Bar Association;

 4. Incorporate the Rule into the set of Local Rules within thirty (30) days of publication of the Local Rule in the Pennsylvania Bulletin and publish the rules on the Court's website at www.lebanoncountypa.gov.

 5. File this Order in the Prothonotary's Office of Lebanon County.

Rule of Civil Procedure 52-223.1. Exhibits.

Rule 52-223.1. Exhibits.

 (A) Exhibits—During Court Proceedings

 (1) At the conclusion of a trial or hearing, all exhibits larger than 8 1/2 × 11 inches, which are part of the record, shall be reduced to that size, and all tangible objects which are part of the record, shall be photographed in color by the party originally proffering the evidence. The 8 1/2 × 11 inch reductions and color photographs shall be substituted in the record for the original exhibits and tangible objects unless the trial judge, upon motion or sua sponte, or an appellate court, shall direct otherwise.

 (2) All exhibits which are bulky, oversized or otherwise physically impractical for the custodian to maintain (including, but not limited to, weapons, contraband and hazardous materials), shall be photographed in color by the party originally proffering the evidence. The original exhibit shall be maintained by the party originally proffering the evidence and the photograph of the exhibit (no larger in size than 8 1/2 × 11 inches) shall be entered into the record in lieu of the non-documentary exhibit.

 (3) Whenever a video deposition of a witness or other video evidence is presented at trial or hearing, the video shall be marked as an exhibit. At the conclusion of the trial or hearing, the video shall be submitted to the custodian for inclusion in the record of the case, unless the trial judge, upon motion or sua sponte, shall direct otherwise.

 (a) Whenever a video deposition of a witness is presented at trial or hearing, it shall be accompanied by a transcript of the deposition as required by Pa.R.C.P. 4017.1(a)(2). The accompanying transcript shall be marked as an exhibit and retained in the record of the proceedings. In the event the record of the trial or hearing is transcribed for appellate or other purposes, the exhibit of the transcript accompanying the deposition shall be considered the official transcript of the testimony of the deponent. It shall not be necessary for the trial court reporter to also transcribe the audio portion of the videotape deposition which was presented at trial or hearing, so long as the record clearly reflects which part of the audio portion of the video deposition was offered into evidence and admitted.

 (b) Whenever evidence is presented at trial or hearing in digital format, it shall be accompanied by a transcript of any dialogue contained within the video. The accompanying transcript shall be marked as an exhibit and retained in the record of the proceedings. In the event the record of the trial or hearing is transcribed for appellate or other purposes, the exhibit of the transcript accompanying the digital media shall be considered the official transcript of the video. It shall not be necessary for the trial court reporter to also transcribe the audio portion of the video which was presented at trial or hearing, so long as the record clearly reflects which part of the audio portion of the video was offered into evidence and admitted.

 (B) Exhibits—After Court Proceedings

 (1) After trial or hearing, exhibits admitted into evidence, as well as photographs of oversized, bulky and other non-documentary evidence shall be submitted to the custodian for filing pursuant to Pa.R.J.A. 5102.

 (2) At the conclusion of the trial or hearing, the original documentary exhibits larger than 8 1/2 × 11 and non-documentary exhibits shall be returned for safekeeping to the party who presented it and that party shall maintain custody of the exhibit until conclusion of all appellate proceedings in the case, unless the trial judge, upon motion or sua sponte, shall direct otherwise.

 (3) Notwithstanding the above, any person who has a possessory or legal interest in any exhibit which has been introduced into evidence may file a claim for such exhibit within thirty (30) days after trial. The presiding judge shall determine the validity of such claim and determine the manner and timing of disposition.

 (C) DEFINITIONS

 (1) Custodian—for purposes of this Rule, the term ''Custodian'' shall mean the Court's Official Court Reporter recording the proceeding.

 (2) Digital Media—for purposes of this Rule, ''digital media'' shall mean either a dvd or thumb drive.

By the Court

JOHN C. TYLWALK, 
President Judge

[Pa.B. Doc. No. 24-492. Filed for public inspection April 12, 2024, 9:00 a.m.]


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