Judicial Administration; CP-55-AD-2-2016; Full Court-MC-39-2016
[46 Pa.B. 7627]
[Saturday, December 10, 2016]
And Now, this 17th day of November, 2016, the 17th Judicial District hereby adopts the Uniform Rules Governing Court Reporting and Transcripts (Rule 4001-et seq.) Local Rule of Judicial Administration 17CV4007 through 17CV4009 is adopted for use in Snyder County, Court of Common Pleas of the 17th Judicial District, Commonwealth of Pennsylvania, effective thirty (30) days after publication in the Pennsylvania Bulletin.
The 17th Judicial District Court Administrator is Ordered and Directed to do the following:
1) File one (1) certified copy of this Order and Rule with the Administrative Office of the Pennsylvania Courts.
2) Forward two (2) certified copies of this Order and Rule and a computer diskette containing the text of the Rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3) Forward one (1) certified copy of this Order and Rule to the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania.
4) Copies shall be kept continuously available for public inspection in the Office of the Snyder County Prothonotary.
By the Court
MICHAEL T. HUDOCK,
Court Reporter Rules—Transcripts
17-CV4007—4009. Local Rule.
AND NOW, this 17th day of November 2016, the 17th Judicial District hereby adopts the Uniform Rules Governing Court Reporting and Transcripts (Rule 4001—4016 et seq).
The President Judge hereby appoints the District Court Administrator as designee for purposes of the administration of this local rule.
This rule shall not interfere with or otherwise limit the income of court reporters. Court reporters shall continue to be properly compensated for their professional services regarding the preparation of transcripts.
Requests for transcripts shall be set forth on a standardized form provided by the Court Administrator of the Administrative Office of Pennsylvania Courts.
(B) Requests for Transcripts:
For an ordinary transcript, the party requesting the full or partial transcript of a trial or other proceeding shall file the original transcript request form with the Prothonotary/Clerk of Courts Office.
The requesting party shall serve copies of the formal request to:
1. The Presiding Judge
2. The court reporter(s) assigned to the proceeding
3. The District Court Administrator
4. Opposing counsel or party, if party is unrepresented
In courts where daily, expedited, same-day or rough draft transcripts are available, requests for transcripts shall be filed in writing in the appropriate filing office at least 10 days prior to the proceeding.
1. Copies of the written request shall be served as provided for by Section (C) supra.
2. In the event of an emergency, a party may request by oral motion a daily, expedited, same-day or rough draft transcript.
(E) Private Litigant Requests:
When a private litigant requests a transcript, the litigant ordering the transcript shall make payment in the amount of 90% of the estimated total cost of the transcript.
(F) Payment of Costs:
Deposit checks are to be made payable to appropriate Common Pleas Court Snyder County or Union County and shall be delivered to County Clerk of Courts/Prothonotary's office. A copy of the receipt will be provided to the District Court Administrator from the Clerk of Courts/Prothonotary's office.
(G) Preparation of Transcripts:
Upon receipt of the 90% deposit, the court reporter(s) assigned to the proceeding shall be directed by the District Court Administrator to prepare the transcript.
(H) Notice of Completion:
The court reporter(s) shall notify the ordering party and the District Court Administrator of the completion of the transcript and shall deliver a copy of the transcript to the judge presiding over the matter.
(I) Payment for Balance:
Checks for the final balance are to be made payable to Snyder or Union County Court of Common Pleas and shall be delivered to the Clerk of Courts/Prothonotary's office at which time the filing office will confirm payment with the District Court Administrator.
(J) Requirement of Signature of Presiding Judge:
Upon payment of the balance owed, the court reporter(s) shall obtain the signature of the presiding judge (after the (5) five day lodging period) on the original transcript and shall deliver the original transcript to the appropriate filing office. After the original transcript has been delivered to the appropriate filing office, if ordered pursuant to Section II(E) infra, copies shall be delivered to the parties.
(K) Request by Litigant (Economic Hardship):
1. When a litigant requests a transcript, but cannot pay for the transcript because of alleged economic hardship, the Court shall determine economic hardship pursuant to the procedure set forth in Paragraph II(C) infra.
2. In cases of economic hardship where the matter is under appeal or a transcript is necessary to advance litigation, the costs of procuring the transcript shall be waived or otherwise adjusted by the Court.
3. In cases of economic hardship where there is no appeal pending or there exists no obvious need for the transcript to advance litigation, the requesting party must demonstrate reasonable need before the Court shall waive or adjust the cost of obtaining the transcript.
Transcript costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, shall be governed as follows:
(A) Costs Payable:
The costs payable by the initial ordering party for a transcript delivered via electronic format shall not exceed:
1. For an ordinary transcript, $2.50 per page
2. For an expedited transcript, $3.50 per page
3. For a daily transcript, $4.50 per page
4. For same-day delivery, $6.50 per page
5. For copies, $0.25 per page
6. For complex litigation, $4.50 per page Ex: medical malpractice
7. For Adoption hearings $20.00
Transcript costs payable by the Commonwealth or a subdivision thereof shall be governed as follows:
1. For an ordinary transcript, $1.50 per page
2. For an expedited transcript, $2.50 per page
3. For a daily transcript, $3.50 per page
4. For same-day delivery, $5.50 per page
5. For copies, $0.25 per page
6. For complex litigation, $3.50 per page
(B) Bound Paper Format:
When the transcript is prepared in bound paper format, the costs shall be in accordance with Section II(A) supra relating to electronic format plus a surcharge of $0.25 per page. Bound paper format copies shall not be delivered in condensed form.
(C) Economic Hardship:
1. Transcript costs for ordinary transcripts in matters under appeal or in which the transcript is necessary to advance the litigation shall be waived for a litigant who has been permitted by the Court to proceed in forma pauperis 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) poverty guidelines for the current year.
2. Transcript costs for ordinary transcripts in matters under appeal or where the transcript is necessary to advance the litigation 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.
3. Transcript costs for ordinary transcripts in matters that are not subject to appeal, where the transcript is not necessary to advance the litigation, or for expedited, daily, same-day or rough draft transcripts may be waived at the Court's discretion for parties who qualify for economic hardship under Section II(C)(1) or II(C)(2) supra and upon good cause shown.
4. The application for waiver of all or a portion of costs for ordinary transcripts shall be supported by an affidavit substantially in the form required by Rule 240(h) of the Pennsylvania Rules of Civil Procedure.
(D) Assignment and Allocation of Transcript Costs:
1. The requesting party, or the party required by general rule to file a transcript, shall be responsible for the cost of the transcript. Costs shall not be assessed against any party for transcripts prepared at the initiation of the Court.
2. When more than one party requests the transcript, or are required by general rule to file the transcript, the cost shall be divided equally among the parties.
(E) Copies of transcripts:
A request for a copy of any transcript previously ordered, transcribed, and filed of record shall be provided according to the following schedule:
1. $0.75 per page bound, paper format; and
2. $0.50 per page for an electronic copy, if available
3. $.0.25 per page for Commonwealth and subdivisions
All additional copies of transcripts shall be requested from and provided by the filing office, and this office will be responsible for copying the transcript and receipt of the copy fees. Filing offices must inform District Court Administrator of copies of transcripts for statistical purposes only.
[Pa.B. Doc. No. 16-2111. Filed for public inspection December 9, 2016, 9:00 a.m.]
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