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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 2 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 3 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. __________________________________________________________________ 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