Rule 2189. Reproduced Record in Cases Involving the Death Penalty.
(a) Number of copies.Any provisions of these rules to the contrary notwithstanding, in all cases involving the death penalty, the entire record shall be reproduced and filed with the prothonotary of the Supreme Court. To determine the number of copies to be filed, see Pa.R.A.P. 124(c) and its Official Note.
(b) Costs of reproduction.The appellant, or, in cases where the appellant has been permitted to proceed in forma pauperis, the county where the prosecution was commenced, shall bear the cost of reproduction.
(c) Prior rules superseded.To the extent that this rule conflicts with provisions of Pa.R.A.P. 2151(a), (b) (relating to necessity of reproduction of records); Pa.R.A.P. 2152 (relating to content of reproduced records); Pa.R.A.P. 2154(a) (relating to designation of contents of reproduced records); and Pa.R.A.P. 2155 (allocating costs of reproduction of records), the same are superseded.
The death penalty statute, 42 Pa.C.S. § 9711, provides that the Supreme Court Prothonotary must send a copy of the lower court record to the Governor after the Supreme Court affirms a sentence of death. The statute does not state who is responsible for preparing the copy. This amendment provides for preparation of the Governors copy of the record before the record is sent to the Supreme Court.
The provisions of this Rule 2189 adopted December 1, 1982, effective December 1, 1982, 12 Pa.B. 4332; amended June 28, 1985, effective July 20, 1985, 15 Pa.B. 2635; amended October 28, 2021, effective April 1, 2022, 51 Pa.B. 7050. Immediately preceding text appears at serial pages (387884) and (342255).
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