THE COURTS
Title 255—LOCAL COURT RULES
LACKAWANNA COUNTY
Adoption of Court of Common Pleas Rules of Judicial Administration 5101—5105 Governing the Custody of Exhibits for Court Proceedings; No. 2024-MISC-85
[54 Pa.B. 1048]
[Saturday, March 2, 2024]
Order And Now, this 14th day of February 2024, in accordance with Pa.R.Civ.P. 239 and Pa.R.J.A. 103(c), it is hereby Ordered and Decreed as follows:
(a) The Lackawanna County Court Administrator shall distribute two paper copies of the following proposed Lacka.Co. Rules of J.A. Nos. 5101—5105 to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. The Court Administrator shall also distribute to the Legislative Reference Bureau a copy of these proposed local rules on a USB Flash Drive, or another agreed upon alternate format that complies with the requirements of 1 Pa. Code § 13.11(b). The effective date of the proposed local rules shall not be less than 30 days after the date of publication of the local rules in the Pennsylvania Bulletin.
(b) Contemporaneously with publishing the proposed local rules in the Pennsylvania Bulletin, the Lackawanna County Court Administrator shall:
i. file one copy of the proposed local rules with the Administrative Office of the Supreme Court;
ii. publish a copy of the proposed local rules on the website of this court or Lackawanna County; and
iii. thereafter compile the local rules within the complete set of the local rules no later than 30 days following publication in the Pennsylvania Bulletin.
(c) A compilation of local rules shall be kept continuously available for public inspection and copying in the Clerk of Judicial Records office and on the website of this court or Lackawanna County. Upon request and payment of reasonable costs of reproduction and mailing, the court administrator's office shall furnish a person with a copy of the proposed local rules.
(d) No pleading or other legal paper shall be refused for filing by the Clerk of Judicial Records based on a requirement of a local rule unrelated to the payment of filing fees. No case shall be dismissed nor request for relief granted or denied because of failure to initially comply with these local rules. In any case of noncompliance with these local rules, the court or its designee shall alert the party to the specific provision at issue and provide a reasonable time for the party to comply with the local rule.
(e) The adoption of Lacka.Co. Court of Common Pleas Rules of Judicial Administration 5101—5105 shall become effective thirty (30) days after the date of their publication in the Pennsylvania Bulletin in compliance with Pa.R.J.A. 103(c)(5)(iii); and
(f) The Court of Common Pleas of Lackawanna County shall incorporate the following proposed Local Rules in the complete set of the Lackawanna County Rules of Judicial Administration no later than thirty (30) days following their publication in the Pennsylvania Bulletin.
By the Court
PATRICIA CORBETT,
President JudgeRule 5101. Definitions.
(a) The following words and phrases when used in these local rules shall have the following meanings, unless the context clearly indicates otherwise, or unless the particular word or phrase is expressly defined in the chapter in which the particular rule is included:
(1) ''Court Proceeding.'' Any trial, hearing, argument or similar event before a judge, panel, or hearing officer where evidence, if entered, is on the record. It does not include a proceeding before a magisterial district court, a judicial arbitration matter pursuant to Pa.R.Civ.P. 1301 et seq., a hearing before a register of wills pursuant to Pa.R.O.C.P. 10.3, proceedings before hearing officers in divorce, custody, support, delinquency, and dependency matters unless the hearing officer and counsel of record agree the proceeding shall constitute a court proceeding which shall adhere to Lack.Co.R.J.A. 5101—5105, any hearing or proceeding that can be appealed de novo to the court of common pleas or upon which exceptions or objections can be filed to the court of common pleas or any matter that is not a record proceeding;
(2) ''Custodian.'' The person or persons designated by local rule of judicial administration or by the Court during a Court Proceeding, to safeguard and maintain exhibits offered into evidence in a court proceeding. The custodian shall either be a member of court staff, e.g., court reporter, clerk of court, hearing officer, or the proponent of the exhibit. Custodian shall also include the custodian's designee;
(3) ''Exhibit.'' A document, record, object, photograph, model, or similar item offered into evidence, whether or not admitted, in a court proceeding;
(4) ''Judicial District.'' Lackawanna County;
(5) ''Local Rule.'' A local rule of judicial administration, however titled, adopted by the Lackawanna County Court of Common Pleas pursuant to Pa.R.J.A. 103(c);
(6) ''Proponent.'' A party seeking the admission of an exhibit into the record in a court proceeding; and
(7) ''Records Office.'' The Lackawanna County Clerk of Judicial Records, the Register of Wills or the Clerk of Orphans Court.
(b) For any words and phrases not defined by these rules, a meaning may be discerned through examination of its dictionary definition and its legal meaning may be gleaned from its use in an applicable body of law.
Comment: The definition of ''court proceeding'' includes, but is not limited to, civil and criminal trials, ancillary arguments, and hearings, as well as divorce, custody, support, delinquency, and dependency hearings before hearing officers and made of record.
The definition of ''exhibit'' includes items admitted into evidence by the court, or rejected by the court, after being offered into evidence by a proponent.
Rule 5102. Custody of Exhibits. General Provisions.
(a) During Court Proceedings. A member of the court's staff, or the proponent of the exhibit or the court reporter, shall be designated by the court as the custodian during a court proceeding. The custodian of the exhibit shall secure and maintain all exhibits during a court proceeding, including breaks and recesses, unless otherwise provided in these rules.
(b) After Court Proceedings. The Court shall designate a member of court staff, the court reporter or the proponent of the exhibit to be designated as the custodian after the court proceeding has concluded.
(1) Custodian. The custodian shall:
(i) take custody of, including safeguarding and maintaining all documentary exhibits, including but not limited to photographs, and photographs of non-documentary exhibits either admitted or rejected during the court proceeding;
(ii) file all documentary exhibits, photographs, and photographs of non-documentary exhibits with the Records Office within five business days of the conclusion of the court proceeding unless otherwise directed by the court; and
(iii) secure and maintain all other non-documentary exhibits as:
(A) directed by the court; or
(B) agreed to by the parties.
(2) Index of Exhibits. The custodian who is responsible for filing the exhibits with the Records Office shall include a numbered list of exhibits, and for each exhibit identify the proponent of the exhibit, whether the exhibit was admitted or rejected from evidence, and a textual description or identification of the exhibit in substantial compliance with Form 1 in the attached appendix.
(3) Confirmation. If the exhibits are transferred from a court staff-custodian or court reporter-custodian to a proponent-custodian, the court staff-custodian shall confirm that the proponent-custodian has complied with subdivision (b)(1)(ii).
(4) Relief. If the custodian does not file the exhibits as required by subdivision (b)(1)(ii), the proponent, if not designated as the custodian or in possession of the exhibits, may seek appropriate relief with the court.
Comment: Court may direct the proponent of exhibits to secure and maintain exhibits that are bulky, oversized or otherwise physically impractical for the custodian to maintain during court proceedings. See Lack.Co.R.J.A. 5103(c)(3).
Non-documentary exhibits typically will be returned to the proponent at the conclusion of the court proceeding. See Local Rule 5103 for special provisions relating to oversized documents, photographs, non-documentary exhibits, and digital media. If the court has concerns about the proponent's ability to retain an exhibit through the exhaustion of all appeals and post-trial actions, the court may direct other provisions for securing the exhibit. The court should take into consideration the possibility that a proponent may be incapable or unable to maintain and secure an exhibit, as well as the possibility that a proponent may tamper with or otherwise permit the degradation of an exhibit. The court should also consider any cases that may require special instructions for retention of non-documentary exhibits, such as in capital cases.
The exhibit list required by subdivision (b)(2) will enable the parties to easily determine the contents of a case record.
Rule 5103. Custody of Exhibits. Special Provisions.
(a) Documentary Exhibits.
(1) If a proponent offers into evidence an exhibit such as a letter, report, drawing, map, photograph, or other document that is larger in size than 8-1/2 × 11 inches, the proponent shall ensure that a copy of the document reduced to 8-1/2 × 11 inches (or smaller) is entered into the record.
(2) A proponent who provides a reduced copy of an oversized exhibit shall ensure that the reproduced document is clear and capable of further reproduction or transfer to digital media.
(b) Photographs.
(1) If a proponent offers into evidence a photograph, the proponent shall ensure that the original or a copy of the photograph in lieu of the original (no larger in size than 8-1/2 × 11 inches) is entered into the record.
(2) A proponent who provides a copy of a photograph shall ensure that the reproduced document is clear and capable of further reproduction or transfer to digital media.
(c) Non-documentary Exhibits: Generally.
(1) If a proponent offers into evidence a non-documentary exhibit, the proponent shall ensure that a photograph (no larger in size than 8-1/2 × 11 inches) of the exhibit is entered into the record in lieu of the non-documentary exhibit.
(2) A proponent who provides a photograph of a non-documentary exhibit shall ensure that the photograph is clear and capable of further reproduction or transfer to digital media.
(3) If the exhibit is bulky, oversized or otherwise physically impractical for a court staff-custodian or court reporter to maintain; the court may direct that the proponent offering the exhibit maintain custody of the exhibit and secure the exhibit during the court proceeding.
(d) Non-documentary Exhibits: Weapons, Contraband, Hazardous Materials.
(1) In any proceeding in which weapons, cash, other items of value, drugs, or other dangerous materials are offered into evidence, the proponent shall secure the exhibits while the court proceeding is in session, as well as during all breaks and recesses.
(2) During the proceeding, the proponent shall exercise all appropriate safeguards necessary to protect the public based on the nature of the exhibit.
(3) Exhibits comprised of weapons, cash, other items of value, drugs, or other dangerous materials are prohibited from viewing in the jury room. The court may direct alternative viewing arrangements for such exhibits upon the request of the jury.
(e) Use of Digital Media. A proponent shall ensure that any exhibit in a digital format, that is entered into the record, is in a format acceptable to the court.
(f) Duplicates. The court may direct that the original item, and not a duplicate, be entered into the record.
Comment: When documents and photographs are reduced in size and copied to comply with subdivisions (a)-(b) of this rule, the proponent must ensure that the quality of the document or photograph is not compromised. All documentary exhibits must be capable of clear reproduction. Subdivision (b) recognizes that a proponent may have a sentimental attachment to a photograph and may not want to relinquish it for inclusion in the record.
In subdivision (c), non-documentary exhibits comprise a broad spectrum of objects, including, but not limited to, jewelry, clothing, automobiles, furniture, as well as the items listed in subdivision (d).
In subdivision (d), the phrase ''weapons, cash, other items of value, drugs, or other dangerous materials'' includes, but is not limited to, guns, knives, explosives, controlled substances, narcotics, intoxicants, currency, money, negotiable instruments, toxic materials, and biohazards. For purposes of this rule, ''secured'' means inaccessible by unauthorized persons. See UJS Pennsylvania Court Safety Manual for best practices on firearms handling. Judges shall consider additional safety measures if substances, likely to cause bodily harm, are present in the courtroom, for example, fentanyl and its derivatives, or other substances known to be especially lethal or toxic.
Neither documentary exhibits of unusual bulk or weight nor non-documentary exhibits should be transmitted unless authorized by a party or by the prothonotary of the appellate court. See Pa.R.A.P. 1931(c). In the case of exhibits under subdivision (d) of this rule, such exhibits should only be transmitted by law enforcement personnel who are authorized to transport such items to the appellate court.
Regarding the use of media in the courtroom, technology is constantly evolving and judicial districts have access to varying levels of technology. As set forth in subdivision (e), a proponent offering an audio, visual, or computer file into evidence is solely responsible for ensuring the court has the means to access it during a court proceeding. Current technology may include the use of portable formats, such as flash drives and compact discs.
With regard to other limitations on the use of duplicates, see Pa.R.E. 1003.
Rule 5104. Prohibition.
(a) Prohibition. The automated systems of the Unified Judicial System (e.g., Common Pleas Case Management System, Pennsylvania Appellate Case Court Management System, and PACFile) shall not be used for submitting or storing exhibits as required by this chapter.
Rule 5105. Confidentiality. Exhibits Under Seal.
(a) If an exhibit offered into evidence contains confidential information or confidential documents as defined in the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (''Policy''), the proponent shall give a copy of the exhibit and a certification prepared in compliance with the Policy and any related local rule to the records office no later than five days after the conclusion of the court proceeding.
(b) Any exhibit sealed by the court during the court proceeding shall not be accessible to the public.
Comment: Subdivision (a) of this rule relates to the confidentiality of information contained in exhibits. Although the Policy does not apply directly to exhibits, important policy considerations are set forth therein, particularly as it relates to personal identification information, as well as highly sensitive financial, medical, and psychological information. While the Policy does not address the handling of non-documentary exhibits, it is expected that parties will adhere to the policy considerations set forth therein and ensure that otherwise confidential information and documents are not made available through the record. Adhering to the guidance of the Policy will ensure that a protected version of the exhibit is maintained in the record for public viewing.
Subdivision (b) recognizes that some exhibits contain such highly sensitive information or images that they are sealed by the court during the court proceeding.
Appendix
Form 1
Custodial List of ExhibitsCase Name: __________
Docket Number: __________
Exhibit
NumberDescription of Exhibit Proponent Admitted Rejected *Bulk
Exhibit*Indicates photograph of non-documentary exhibits retained by proponent. (E.g., weapons, cash, bulky or oversized items identified in Rule 5103).
[Pa.B. Doc. No. 24-260. Filed for public inspection March 1, 2024, 9:00 a.m.]
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