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HomeMy WebLinkAbout39-5103.2 Retention of Non-Documentary Exhibits1 39th Jud. Dis. R. Jud. Adm. 5103.2. Retention of Non-Documentary Exhibits. (a) Application. Subdivisions (b), (c), and (d) of this Rule are subject to the alternate custody and disposition established, if any, pursuant to 39th Jud. Dis. Rules Jud. Adm. 5102.1(c), 5103.1(d), or subdivision (e) of this Rule. (b) Items held by Prothonotary. The Prothonotary shall retain all non- documentary exhibits for not less than the timeframes indicated for documentary records in the County Records Manual pertaining to “PY-7 Civil Papers/Files,” or other applicable, statutory period. (c) Items held by Clerk of Courts. 1. Criminal Matters not involving Juveniles. The Clerk of Courts shall retain all non-documentary exhibits for the lesser of the following periods: the timeframes indicated for documentary records in the County Records Manual section “CC -10 Criminal Papers/Files,” the death of the incarcerated pers on, the release of the person from incarceration including the period of mandatory supervised release for the offense(s), or other applicable, statutory period. 2. Matters involving Juveniles. The Clerk of Courts shall retain all non-documentary exhibits until the juvenile is age 25 or 10 years after the last action on the case, whichever is later , consistent with the County Records Manual pertaining to “CC -19 Juvenile Papers/Files” for documentary records, or other applicable, statutory period. (d) Items held by the Orphans’ Court. The Orphans’ Court shall retain all non-documentary exhibits for not less than the timeframes indicated for documentary records in the County Records Manual pertaining to the “Offices of the Register of Wills and Clerk of The Orphans’ Court,” or other applicable, statutory period. (e) Alternate Disposition. Notwithstanding the foregoing subdivisions, a designee from a Records Office (as defined by Pa. R.J.A 5101(a)(7)), a party, or any other interested person or entity may petition the Court for the return, destruction, or other disposition of non-documentary evidence. A petition filed pursuant to this 2 subdivision shall be decided by the presiding judge, if the presiding judge is unavailable the petition shall be decided by the preside nt judge. _________________________________________________________________ Adopted by Order of Court, February 5, 2024 Published in the Pennsylvania Bulletin, 54 Pa.B. 955, Pa.B. Doc. No. 24-227, February 24, 2024