Title 249—PHILADELPHIA RULES
Adoption of Rules of Judicial Administration *101, *4007 and *4008; President Judge General Court Regulation No. 2017-02
[47 Pa.B. 3492]
[Saturday, June 24, 2017]
And Now, this 14th day of June, 2017, as required by Pa.R.J.A. 4009, It Is Hereby Ordered and Decreed that Philadelphia Local Rules of Judicial Administration *101 Title and Citation of Rules, Philadelphia Rule of Judicial Administration *4007 Request for Transcripts, and Philadelphia Rule of Judicial Administration *4008 Transcript Costs are promulgated as follows effective with transcripts ordered on and after July 1, 2017.
This General Court Regulation is issued in accordance with Pa.R.J.A. 103 and shall be filed with the following rules with the Office of Judicial Records (formerly the Prothonotary, Clerk of Courts and Clerk of Quarter Sessions) in a docket maintained for General Court Regulation issued by the First Judicial District of Pennsylvania. As required by Pa.R.J.A. 103(d)(5)(ii), two certified copies of this General Court Regulation and rules shall be distributed to the Legislative Reference Bureau, together with a copy on a computer diskette, for publication in the Pennsylvania Bulletin. A copy of this order and rules shall be provided to the Supreme Court's Committee on Court Reporting and Transcripts. As required by Pa.R.J.A. 103(d)(6) one certified copy of this General Court Regulation and rules shall be filed with the Administrative Office of Pennsylvania Courts, shall be published on the website of the First Judicial District at http://www.courts.phila.gov, and shall be incorporated in the compiled set of Philadelphia local rules no later than 30 days following publication in the Pennsylvania Bulletin. Copies of the General Court Regulation shall also be published in The Legal Intelligencer and will be submitted to American Lawyer Media, Jenkins Memorial Law Library, and the Law Library for the First Judicial District.
By the Court
HONORABLE SHEILA WOODS-SKIPPER,
President Judge, Court of Common Pleas
PHILADELPHIA RULES OF JUDICAL ADMINISTRATION
Rule *101. Title and Citation of Rules.
These Rules shall be known as the Philadelphia County Rules of Judicial Administration and may be cited as ''Phila. R.J.A.''
* * *
COURT REPORTER RULES
Rule *4007. Requests for Transcripts.
(A) Requests for transcripts must be submitted through the electronic Transcript Ordering System (''TOS'') accessible through the website of the First Judicial District of Pennsylvania at www.courts.phila.gov. A standard Request for Transcript form may be utilized by Requestors who cannot access the Transcript Ordering System. The Request for Transcript form is available on the Court's website at www.courts.phila.gov/forms and must be emailed to firstname.lastname@example.org.
(B) Cases on Appeal. As provided in Pa.R.A.P. 1922(b), unless an order authorizing diminution of transcription has been issued by the trial court in a civil case or pursuant to Pa.R.Crim.P. 115 in a criminal case, the court reporter or transcriptionist shall transcribe the entire proceedings.
(C) The party requesting the transcript shall serve a copy of the Request on:
(1) the court reporter;
(2) the judge presiding over the matter; and
(3) all counsel who have entered an appearance in the case and on any unrepresented party(ies).
(D) The court reporter, transcriptionist or other staff designated by the District Court Administrator shall provide an estimate of the cost of the transcript, and the requestor must make a non-refundable, partial payment of 95% of the estimated cost before the court reporter or transcriptionist will begin transcribing the proceeding.
(E) The time within which the transcript must be delivered begins to run upon the First Judicial District's receipt of the requestor's partial payment.
(F) When the transcript has been completed, it shall be filed in the Court Reporting System (''CRS''), shall be made available to the judge presiding over the matter, and shall be delivered to the requestor upon the payment of any balance owed.
(G) The delivery date of the transcript shall be the date the transcript is filed in the Court Reporting System.
(H) All requests by a litigant for the waiver or reduction of the transcript cost due to economic hardship, as provided in Pa.R.J.A. 4007(E), shall be accompanied by proof that the litigant meets the requirements set forth in Pa.R.J.A. 4008 and Phila.R.J.A. 4008(D). Such request shall be supported by an affidavit substantially in the form required by Pa.R.C.P. No. 240(h), which is available through the TOS and on the Court's website at: www.courts.phila.gov/forms. Requests for the waiver or reduction of the transcript cost due to economic hardship are limited to the requested transcript and shall be reviewed and determined as may be provided by the District Court Administrator from time to time. A litigant who wishes to proceed in forma pauperis for the duration of the case must file a Petition to Proceed in Forma Pauperis in accordance with established rules of court.
Rule *4008. Transcript Costs.
(A) Transcript Costs.
The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for transcripts in an electronic or paper format shall be as follows:
(1) for an ordinary transcript, $3.00 per page;
(2) for an expedited transcript, $4.50 per page;
(3) for a daily transcript, $6.00 per page;
(4) for same-day delivery, $9.00 per page;
(5) for real-time, $11.00 per page;
(6) for real time streaming (to outside locations), full day, $250.00; and
(7) in ASCII format, or with Word Index: add $25 for each.
(8) Rough drafts will not be provided.
(B) Copies of Transcripts.
The costs payable for a copy of transcripts in an electronic or paper format shall be as follows
(1) for an ordinary transcript, $2.00 per page;
(2) for an expedited transcript, $3.00 per page;
(3) for a daily transcript, $4.00 per page; and
(4) for same-day delivery, $6.00 per page.
(C) Transcript Costs Payable by the Commonwealth or a Subdivision Thereof.
The transcript costs payable by the Commonwealth or a subdivision thereof, including but not limited to the District Attorney, the Pennsylvania Attorney General, the City of Philadelphia's Law Department, court-appointed counsel, and the Defender Association of Philadelphia shall be two ($2.00) dollars per page for ordinary delivery.
(D) Economic Hardship Standards.
(1) In matters under appeal or where the transcript is necessary to advance the litigation:
(a) transcript costs for ordinary transcripts shall be waived for a litigant who has been permitted by the court to proceed in forma pauperis; who is represented by court appointed counsel; who is represented by Legal Aid services which certify that the client meets financial eligibility; or whose income is less than 125 percent of the poverty line as defined by the U.S. Department of Health and Human Services (HHS) guidelines for the current year. See Pa.R.J.A. 4008(B)(1).
(b) transcript costs for ordinary transcripts shall be reduced by one-half for a litigant whose income is less than 200 percent of the poverty line as defined by the HHS poverty guidelines for the current year. See Pa.R.J.A. 4008(B)(2).
(2) In matters not under appeal, where the transcript is not necessary to advance the litigation: the requesting party must file a Petition for Waiver of Transcript Costs and must demonstrate reasonable need before the court shall waive or reduce the cost of obtaining the transcript.
(E) Payment Options. Payments may be made with approved credit and debit cards, checks or money orders made payable to the ''First Judicial District of Pennsylvania-Transcripts,'' or as otherwise provided by the District Court Administrator from time to time. A convenience fee shall be charged for electronic payments to off-set merchant charges incurred by the First Judicial District. No cash payments will be accepted. Direct payments to court reporters and transcriptions are not permitted.
[Pa.B. Doc. No. 17-1040. Filed for public inspection June 23, 2017, 9:00 a.m.]
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