HomeMy WebLinkAbout39-5102.1 Custody of Exhibits Generally1
39th Jud. Dis. R. Jud. Adm. 5102.1. Custody of Exhibits Generally.
(a) Application. These Rules, 39th Jud. Dis. R. Jud. Adm. 5102.1 - 5103.2 and
Pa. R.J.A. 5101-5105, shall apply to Court Proceedings as defined by Pa.
R.J.A. 5101(a)(1).
(b) Index of Exhibits and Confidential Information.
1. During Criminal Court Proceedings, a member of the Clerk of Courts ’
office or Court designee shall maintain the Index of Exhibits. The
member of the Clerk of Courts’ office shall utilize the Exhibit List form
provided by the AOPC/CPCMS program. To the extent the
AOPC/CPCMS Exhibit List form is not available or accessible, the
member of the Clerk of Courts’ office or the Court designee shall utilize
the Index of Exhibits form supplied by Court Administration
substantially in the form denoted at the end of these Rules.
2. During all Non-Criminal Court Proceedings, the Court Stenographer,
Courtroom Technician, or Court designee, shall maintain the Index of
Exhibits. The Court Stenographer, Courtroom Technician, or Court
designee shall utilize the Index of Exhibits form supplied by Court
Administration substantially in the form denoted at the end of these
Rules.
3. In all Court Proceedings, the Proponent shall include a properly
completed Confidential Information Form or Confidential Document
Form for any exhibit offered into evidence that contains confidential
information or confidential documents as defined in the Case Records
Public Access Policy of the Unified Judicial System of Pennsylvania.
These forms shall be given by the P roponent to the Court designee
maintaining the Index of Exhibits at the time evidence is introduced.
4. The Index of Exhibits shall be filed of record with the corresponding
Records Office, as defined by Pa. R.J.A 5101(a)(7), before the Court
declares the record closed, but not later than five business da ys after the
conclusion of the Court P roceeding pursuant to Pa. R.J.A. 5104(a)(2).
(c) Weapons, Contraband, and Hazardous M aterials Pursuant to Pa.
R.J.A. 5103(d), and Other Dangerous Items.
1. Dangerous Items Defined. “Dangerous Items” within these Rules shall
include, but are not limited to, weapons, cash, currency, money,
negotiable instruments, other items of value, drugs, dangerous materials,
guns, knives, explosives, controlled substances, narcotics, intoxicants,
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toxic materials, biological items, and biohazards. “Dangerous Items”
may also include other items not specifically defined herein as
determined by the presiding judge.
2. Each presiding judge in any Court Proceeding may issue special
instructions to address the method by which Dangerous Items are offered
into evidence, including the party that shall secure the exhibits while the
Court Proceeding is in session, as well as during all breaks and recesses,
which method shall be confirmed by an Order of Court.
3. In the absence of a Court Order, in any Court Proceeding where
Dangerous Items 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.
4. During a Court Proceeding, the Proponent shall exercise all appropriate
safeguards necessary to protect the public based on the nature of the
exhibit.
5. Exhibits comprised of Dangerous Items are prohibited from viewing in
the jury room. The Court may direct alternative viewing arrangements for
such exhibits upon the request of the jury.
6. At the conclusion of a Court Proceeding, all Dangerous Items which have
been offered into evidence, whether or not admitted of record, shall be
kept in the custody of the Proponent, the Proponent’s Designee, or such
other person as designated by the presiding judge .
7. Dangerous Items categorized under this Rule may only be disposed of or
destroyed by an Order of Court.
8. If there are Dangerous Items which require temporary storage, the
Sheriff's Office shall provide the Proponent with an escort to the Records
Office, as defined by Pa. R.J.A 5101(a)(7), or other secure area
designated by the presiding judge.
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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