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HomeMy WebLinkAbout39-4008 Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof39th Jud.Dis.R.Jud.Adm. 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof. (a) Costs (1) The costs payable by a requesting party, other than the parties referenced in subdivision (a)(3), for an original transcript in electronic format shall not exceed: (i) for a transcript for which an accelerated delivery is not requested, $2.50 per page, (ii) for an expedited transcript, $3.50 per page, (iii) for a daily transcript, $4.50 per page, and (iv) for same day delivery, $6.50 per page. (2) When the transcript is prepared in bound paper format, the costs shall be in accordance with paragraph (1) plus a surcharge of $0.25 per page. (3) The Commonwealth or a subdivision thereof shall include Franklin and Fulton Counties, the district attorneys for Franklin and Fulton Counties, the public defenders for Franklin and Fulton Counties, and conflict counsel or court appointed criminal counsel who are paid by Franklin and Fulton Counties. The costs payable by a requesting party under this paragraph for an original transcript in electronic format shall not exceed: (i) $1.00 per page. (ii) Where a party under this paragraph requests an expedited transcript, daily transcript, or same day delivery, such a request shall be approved by the President Judge, and the fee per page shall not exceed $2.50. (4) Court Orders and Court requests for transcripts. There shall be no fee paid for transcribing or preparing dictated court orders, or transcripts requested solely by the Court. Comment: The first requestor of a transcript is obligated to pay for the original transcript, which is filed with the court, plus the copy rate of the records filing office if the requestor desires a personal copy (subject to any cost sharing with additional partie s). Many attorneys/parties prefer to read paper transcripts, including condensed transcripts, and these rules do not inhibit the practice. However, when a condensed paper transcript is ordered by a party, the surcharge of $0.25 per page in Pa.R.J.A. 4008(A)(2) shall refer to $0.25 per sheet of paper, regardless of the number of pages of transcript on the sheet. However, the parties shall pay the per page copy rate as established by the applicable records filing office. There is no entitlement to expedited, daily, or same day delivery of transcripts. Those services are only available where provided by the judicial district and when the court reporter or courtroom technician has that capability. (b) Economic hardship, fee waiver. A party requesting a fee waiver for the costs of transcripts shall follow the guidelines and utilize the procedure set forth in Pa.R.J.A. 4008(B). (c) Assignment and allocation of transcript costs. Allocation of costs for transcripts shall be in accordance with Pa.R.J.A. 4008(C). Comment: It is the intent of this provision that all parties who receive a transcript should share equitably in the costs. If two parties receive the transcript, they would each pay their share of the cost of the original transcript that is filed with the court, with each party paying for their copy. In cases where a party qualifies for a free or reduced price transcript, any other party paying full price pays only their proportionate share of the full price, with the judicial district absorbing the cost o f the free or reduced price transcript. In the event parties cannot informally agree to equitably share in the costs of the preparation of a transcript and copies, the court shall determine the equitable share of costs each party shall pay. (d) Copies of transcript. (1) A party requesting a copy of any transcript previously ordered, transcribed and filed of record shall file a request with the applicable records filing office. The copy fees shall be paid to the applicable records filing office. Costs for a copy shall not exceed: (i) $0.75 per page bound, paper format, and, (ii) $0.50 per page electronic copy. (2) Although not generally available, if a request for a copy of an expedited transcript is made which copy cannot be provided by the applicable records filing office, the costs for preparation by a court reporter or courtroom technician with the approval of the presiding judge shall not exceed: (i) $1.00 per page bound, paper format, and, (ii) $0.75 per page electronic copy. (3) Although not generally available, if a request for a copy of a daily transcript is made which copy cannot be provided by the applicable records filing office, the costs for preparation by a court reporter or courtroom technician with the approval of the pr esiding judge shall not exceed: (i) $1.25 per page bound, paper format, and, (ii) $1.00 per page electronic copy. (4) Although not generally available, if a request for a copy of a same day transcript is made which copy cannot be provided by the applicable records filing office, the costs for preparation by a court reporter or courtroom technician with the approval of the presiding judge shall not exceed: (i) $1.50 per page bound, paper format, and, (ii) $1.25 per page electronic copy. (5) All copy fees imposed under subdivisions (d)(2)—(4) shall be paid to the District Court Administrator or their designee. Comment: With respect to a non-party (i.e., general public) request for a copy of a transcript, Pa.R.J.A. 4007(D)(4) anticipates that the records filing offices of the judicial district are the proper custodians of court case records and transcripts. Pa.R.J.A. 4008(D)(1) provides that the cost charged to the public for a transcript copy that has been filed of record shall not exceed $0.75 per page, regardless of the form or location in which the transcript is filed or stored. The copy rates in Pa.R.J.A. 4008(D)(2), (3), and (4) reflect the additional work necessary to deliver a transcript on an expedited schedule, but once the original transcript is filed with the appropriate records filing office, the copy rate in (D)(1) is to apply. (e) Additional Costs. (1) No transcript or related costs may be charged to the parties or the public other than those listed in subdivisions (a), (c) and (d). (2) Pursuant to Pa.R.J.A. 4008(E), the presiding judge may impose a reasonable surcharge in cases such as mass tort, medical malpractice or other unusually complex litigation, where there is a need for a court reporter or courtroom technician to significantly expand his/her dictionary. (3) To the extent it is available, a reasonable fee may be charged for a secure electronic feed which instantaneously delivers the translated notes from the court reporter or courtroom technician to a laptop, tablet, phone, or other portable electronic device via cable, wifi, router, or Bluetooth to parties, the media, or other interested individuals. There shall be no fee charged to the Court for such a connection. (4) All fees imposed under subdivisions (e)(2)-(3) shall be paid to the District Court Administrator or their designee. _____________________________________________________________________________________ Adopted by Order of Court dated November 20, 2023 Published at 53 Pa. Bulletin 7367 (December 2, 2023)