Title 255—LOCAL COURT RULES
Rules of Judicial Administration; Administrative Order Number 11 of 2018
[48 Pa.B. 7396]
[Saturday, December 1, 2018]
Order of Court
And Now, this 29th day of October, 2018, It Is Hereby Ordered that Adams County Rules of Judicial Administration 4007, 4008 and 4011 are vacated in their entirety, to be replaced as follows:
4007. Request for Transcripts.
(a) All requests for transcripts shall be set forth on a standardized form approved by the Administrative Office of Pennsylvania Courts and provided by the 51st Judicial District and available at the office of District Court Administrator of Adams County and the Adams County website. The form shall indicate the current rates authorized to be charged for transcripts under these rules. Requestors may also use the standardized form as created by the District Court Administrator of Pennsylvania.
(b) For an ordinary transcript, the party requesting a full or partial transcript of a trial or other proceeding shall file the original request with the appropriate filing office (Clerk of Courts, Prothonotary, Orphans Court, or Domestic Relations Office) in which the litigation is pending. The requesting party shall also serve copies of the formal request to:
(1) the Judge presiding over the matter,
(2) the Court Reporter, Recorder, or Transcriptionist assigned to the proceeding,
(3) the District Court Administrator, and
(4) opposing counsel or party if the party is unrepresented.
(c) Where daily, expedited, or same day transcripts are requested, request for those transcripts shall be filed in writing in the appropriate filing office at least ten (10) days prior to the proceeding with copies of the request delivered as required by paragraph (b). Where justice requires and ten (10) days prior notice cannot reasonably be provided, requests for daily, expedited, or same day transcripts shall be made by oral motion to the presiding Judge.
(d) Following receipt of a request for transcript, the presiding Judge shall forthwith produce an order:
(1) setting forth the amount of the deposit which shall be 75 percent of the anticipated total cost of the transcript and directing the transcript to be prepared upon payment of the deposit;
(2) setting a reduced payment rate and directing the transcript to be prepared upon payment of the reduced rate; or
(3) approving or denying an economic hardship exemption and, where applicable, directing preparation of the transcript.
(e) Upon receipt of the court order referenced in subparagraph (d) above, the filing office shall make service of the same on the requestor. If deposit or reduced payment is required, the payment shall be paid to the filing office prior to commencement of transcript preparation. Upon receipt of the payment, the filing office shall promptly advise Court Administration of the same who thereafter shall direct the Court Reporter to prepare the transcript.
(f) A request for a copy of any transcript previously ordered, transcribed, and filed of record shall comply with Adams R.J.A. 4007(a). After the Court has set the amount to be paid, and upon satisfaction of any financial obligation related to the request, the Court Reporter shall provide a copy to the requesting party.
4008. Transcript Costs.
(a) Costs payable by a requesting party other than the Commonwealth or subdivision thereof to produce an Original transcript shall be:
(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, and
(4) for same day delivery, $6.50 per page.
(b) Costs payable by the Commonwealth or subdivision thereof to produce an Original transcript shall be:
(1) for an ordinary transcript, $1.55 per page,
(2) for an expedited transcript, $1.75 per page,
(3) for a daily transcript, $2.00 per page, and
(4) for same day delivery, $4.00 per page.
(c) Regardless of whether the request is made by a party or the Commonwealth or subdivision thereof, in order to obtain a copy of the Original transcript, costs payable by the requesting party shall be 50 cents per page for an electronic copy and/or 75 cents per page for a bound, paper copy in addition to any cost incurred for the production of the original.
(d) Economic hardship.
(1) A party seeking consideration of an economic hardship related to obtaining a transcript may petition the Court in utilizing the in forma pauperis self-help packet available at the Adams County Law Library or online at www.adamscounty.us. In order for a party to be considered for economic hardship, the in forma pauperis self-help packet must be fully completed and verified.
(2) A transcript requested by Legal Aid Services must include with the request for transcript a letter of certification verifying that the client meets financial eligibility and the matter is under appeal or the transcript being requested is necessary to advance the current litigation.
(e) Except as otherwise set forth in this rule, no filing fee shall be assessed to a litigant filing a request for transcript.
4011. Delivery of Transcript.
(a) The Court Reporter shall notify the requesting party and the District Court Administrator or designee upon completion of the transcript and shall indicate the balance to be paid at the respective filing office.
(b) The District Court Administrator or designee shall notify the filing office of the balance owed.
(c) Upon completion of the transcript, the Court Reporter shall file it of record and the deposit paid, if any, shall be applied to the cost of production of the original.
(1) No copy of a transcript shall be provided to any party unless an original transcript has been filed of record and the cost of the copy being sought, if any, has been paid.
(2) If a Judge requires a transcript that has not been filed of record, regardless if there are any current requests for the transcript from any party, the requesting Judge shall direct the Court Re-porter to create and file the transcript of record and, once filed, to produce a copy to the requesting Judge. Thereafter, any further requests by any party shall be charged at the copy rate.
(d) Upon payment of the balance owed to the filing office, the filing office shall notify Court Administration, and thereafter the Court Reporter shall deliver a copy to the requesting party.
It Is Further Directed that:
a. One copy of this Order shall be forwarded to the Administrative Office of the Pennsylvania Courts via e-mail to email@example.com;
b. Upon notification from the AOPC that the local rule is not inconsistent with the policy, two (2) certified copies of this Order together with a computer diskette that complies with the requirement of 1 Pa. Code § 13.11(b), or other compliant format, containing the text of the local rule(s) adopted hereby shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
c. A copy of the proposed local rule(s) shall be published on the 51st Judicial District website;
d. This Order shall be filed in the Office of the Prothonotary of Adams County and a copy thereof shall be filed with the Adams County Clerk of Courts and the Adams County Law Library for inspection and copying;
e. The effective date of the local rule(s) shall be 30 days after publication in the Pennsylvania Bulletin.
By the Court
MICHAEL A. GEORGE,
[Pa.B. Doc. No. 18-1853. Filed for public inspection November 30, 2018, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.