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
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subdivision shall be decided by the presiding judge, if the presiding
judge is unavailable the petition shall be decided by the preside nt
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