HomeMy WebLinkAbout39-5102.2 Custody of Exhibits During and After Proceedings1
39th Jud. Dis. R. Jud. Adm. 5102.2. Custody of Exhibits During and After
Proceedings.
(a) Proceedings Docketed with the Prothonotary.
1. Custodian Defined. Except as provided in Pa. R.J.A. 5103(d) and 39th
Jud. Dis. R. Jud. Adm. 5102.1(c), the Custodian of all exhibits shall be
the Prothonotary or the Court’s designee.
2. Custody of Exhibits During a Court Proceeding. Throughout a Court
Proceeding, all documentary and non-documentary exhibits shall remain
in the custody of the Proponent until the exhibit is offered for admission
into the record. Whether accepted or rejected by the presiding judge, the
exhibit shall then be placed in the temporary custody of the Court
Reporter, Courtroom Technician, or Court designee. As time permits, the
Court Reporter, Courtroom Technician, or Court Designee shall deliver
the documentary and non-documentary exhibits to the Custodian at the
conclusion of each business day during the Court Proceeding. The Court
Reporter, Courtroom Technician, or Court designee shall retrieve the
documentary and non-documentary exhibits from the Custodian before
the Court Proceeding resumes each day. Notwithstanding this
subdivision, the parties may agree to an alternate custo dial process if
approved by the presiding judge and confirmed by an Order of Court.
3. Custody of Exhibits After a Court Proceeding. The Custodian shall
take steps necessary to file all exhibits , whether offered for admission
during the Court Proceeding or as ordered by the presiding judge, to be
made a part of the case file with the 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 days after the conclusion of the Court Proceeding
pursuant to Pa. R.J.A. 5104(a)(2).
(b) Proceedings Docketed with the Clerk of Courts.
1. Custodian Defined. Except as provided in Pa. R.J.A. 5103(d) and 39th
Jud. Dis. R. Jud. Adm. 5102.1(c), the Custodian of all exhibits shall be
the Clerk of Courts or the Court’s designee.
2. Custody of Exhibits During a Court Proceeding. Throughout a Court
Proceeding, all documentary and non-documentary exhibits shall remain
in the custody of the Proponent until the exhibit is offered for admission
into the record. Whether accepted or rejected by the presiding judge, the
exhibit shall then be placed in the Custodian’s custody. Notwithstanding
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this subdivision, the parties may agree to an alternate custodial process if
approved by the presiding judge and confirmed by an Order of Court.
3. Custody of Exhibits After a Court Proceeding. The Custodian shall
take steps necessary to file all exhibits, whether offered for admission
during the Court Proceeding or as ordered by the presiding judge, to be
made a part of the case file with the 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 days after the conclusion of the Court Proceeding
pursuant to Pa. R.J.A. 5104(a)(2).
(c) Proceedings Docketed with the Orphans’ Court.
1. Custodian Defined. Except as provided in Pa. R.J.A. 5103(d) and 39th
Jud. Dis. R. Jud. Adm. 5102.1(c), the Custodian of all exhibits shall be
the Court’s designee.
2. Custody of Exhibits During a Court Proceeding. Throughout a Court
Proceeding, all documentary and non-documentary exhibits shall remain
in the custody of the Proponent until the exhibit is offered for admission
into the record. Whether accepted or rejected by the presiding judge, the
exhibit shall then be placed in the Custodian’s custody. Notwithstanding
this subdivision, the parties may agree to an alternate custodial process if
approved by the presiding judge and confirmed by an Order of Court.
3. Custody of Exhibits After a Court Proceeding. The Custodian shall
take steps necessary to file all of the exhibits, whether offered for
admission during the proceeding or as ordered by the presiding judge , to
be made a part of the case file with the 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 days after the conclusion of the Court Proceeding
pursuant to Pa. R.J.A. 5104(a)(2).
(d) Proceedings before a Juvenile Hearing Officer.
1. Custodian Defined. Except as provided in Pa. R.J.A. 5103(d) and 39th
Jud. Dis. R. Jud. Adm. 5102.1(c), the Custodian of all exhibits shall be
the Juvenile Hearing O fficer or the Court’s designee.
2. Custody of Exhibits During a Juvenile Court Proceeding.
Throughout a Juvenile Court Proceeding, all documentary and non-
documentary exhibits shall remain in the custody of the Proponent until
the exhibit is offered for admission into the record. Whether accepted or
rejected by the Juvenile Hearing O fficer, the exhibit shall then be placed
in the Custodian’s custody. Notwithstanding this subdivision, the parties
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may agree to an alternate custodial process if approved by the Juvenile
Hearing O fficer, confirmed by a written agreement between the parties
and the hearing officer, and said written agreement is placed on the
record.
3. Custody of Exhibits After a Juvenile Court Proceeding. The
Custodian shall maintain custody of all of the exhibits offered for
admission during the Juvenile Court Proceeding until such time as the
Juvenile Hearing Officer transfers custody of all of the exhibit(s) with the
Juvenile Hearing Officer’s proposed recommendation(s) to the Juvenile
Court Judge. Once the Juvenile Court Judge enters an Order accepting or
rejecting the Juvenile Hearing Officer’s recommendation(s), the Juvenile
Court Judge or their designee shall file all of the exhibits with the
Records Office, as defined by Pa. R.J.A 5101(a)(7), not later than five
business days after the entry of the Juvenile Court J udge’s Order.
(e) Proceedings before a Hearing Officer, or other Record/Quasi-Judicial
Proceedings.
1. Custodian Defined. Except as provided in Pa. R.J.A. 5103(d) and 39th
Jud. Dis. R. Jud. Adm. 5102.1(c), the Custodia n of all exhibits shall be
the Hearing O fficer or the Court’s designee.
2. Custody of Exhibits During a Court Proceeding. Throughout a Court
Proceeding, all documentary and non-documentary exhibits shall remain
in the custody of the Proponent until the exhibit is offered for admission
into the record. Whether accepted or rejected by the Hearing O fficer, the
exhibit shall then be placed in the Custodian’s custody. Notwithstanding
this subdivision, the parties may agree to an alternate custod ial process if
approved by the Hearing O fficer, confirmed by a written agreement
between the parties and the Hearing O fficer, and said written agreement
is placed on the record.
3. Custody of Exhibits After a Court Proceeding. The Custodian shall
take steps necessary to file all exhibits offered for admission during the
Court Proceeding with the Records Office, as defined by Pa. R.J.A
5101(a)(7), within five business days of the conclusion of the Court
Proceeding or within five business days of the lodging of the final
decision by the Hearing O fficer.
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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