201 Pa. Code | Title 201 Pa. Code — Rules of Judicial Administration

Chapter 1 GENERAL PROVISIONS

201 Pa. Code Rule 101 Title and citation of rules. {#sec-rule-101 omnilex-key=us-pa-regs-official--title-201--Rule 101}

These rules shall be known as the Pennsylvania Rules of Judicial Administration and may be cited as ‘‘Pa.R.J.A. __________.’’

The provisions of this Rule 101 amended June 10, 2021, effective October 1, 2021, 51 Pa.B. 3440. Immediately preceding text appears at serial page (392211).

History

Source: The provisions of this Rule 101 amended June 10, 2021, effective October 1, 2021, 51 Pa.

201 Pa. Code Rule 102 Definitions. {#sec-rule-102 omnilex-key=us-pa-regs-official--title-201--Rule 102}

Subject to additional definitions contained in subsequent provisions of these rules which are applicable to specific chapters or other provisions of these rules, the following words and phrases, when used in these rules, shall have, unless the context clearly indicates otherwise, the meanings given to them in this rule: Administrative Judge—The presiding judge of a division of a court determined as provided by Rule 706 of these Rules or section 5 of the Schedule to the Judiciary Article and section 5(a) of the act of December 2, 1968 (No. 357). Administrative Office—The Administrative Office of Pennsylvania Courts established by Rule 502 of these rules as the central office for the administration of the unified judicial system. Chief Justice—The Chief Justice of Pennsylvania determined as provided by section 10(d) of Article V of the Constitution of Pennsylvania and Rules 705 and 706 of these rules. Court Administrator—The Court Administrator of Pennsylvania appointed by the Supreme Court under section 19(b) of Article V of the Constitution of Pennsylvania and Rule 501(a) of these rules. District Court Administrator—The court administrator responsible for the administration of the courts of a judicial district. Judge—Includes a justice of the Supreme Court. Judicial Council—The Judicial Council of Pennsylvania established by Rule 301 of these rules. Personnel of the System—Judges and other judicial officers, their personal staff, the administrative staff of courts and magisterial district judges, and the staff of the Administrative Office and other central staff. President Judge—The president judge of a court determined or selected as provided by section 10(d) of Article V of the Constitution of Pennsylvania and Rules 705 and 706 of these Rules or sections 11 and 19 of the Schedule to the Judiciary Article. Presiding Judge—An administrative judge. Related Staff—All individuals employed at public expense who serve the unified judicial system, but the term does not include personnel of the system. Supreme Court—The Supreme Court of Pennsylvania existing under section 2 of Article V of the Constitution of Pennsylvania. System—The unified judicial system of this Commonwealth. System and Related Personnel—Personnel of the system and related staff. The term includes district attorneys, public defenders, sheriffs and other officers serving process or enforcing orders, registers of wills, prothonotaries, clerks of the courts, clerks of the orphans’ court division, prison and correctional officials, and the personnel of all of the foregoing.

Official Note

Order of October 15, 1973, provides as follows: The Pennsylvania Rules of Judicial Administration, section 102, entitled ‘‘Definitions’’ should be amended from the term ‘‘prothonotaries’’ under the subsection defining ‘‘System and Related Personnel,’’ the prothonotaries of the Supreme Court of Pennsylvania, the Superior Court of Pennsylvania and the Commonwealth Court of Pennsylvania.

The provisions of this Rule 102 adopted March 15, 1972, amended through October 15, 1973, 3 Pa.B. 2460. Effective January 18, 1973.

History

Source: The provisions of this Rule 101 amended June 10, 2021, effective October 1, 2021, 51 Pa.

201 Pa. Code Rule 103 Procedure for adopting, filing, and publishing rules. {#sec-rule-103 omnilex-key=us-pa-regs-official--title-201--Rule 103}

(a) Notice of proposed rulemaking.

(1) Except as provided in subdivision (a)(3), the initial proposal of a new or amended rule, including any commentary that is to accompany the rule text, shall be distributed by the proposing Rules Committee to the Pennsylvania Bulletin for publication therein. The proposal shall include a publication notice containing a statement to the effect that written responses regarding the proposed rule or amendment are invited and should be sent directly to the proposing Rules Committee within a specified period of time, and a publication report from the Rules Committee containing the rationale for the proposed rulemaking.

(2) Written responses relating to the proposal shall be sent directly to the proposing Rules Committee within a specified number of days after the publication of the rule or amendment in the Pennsylvania Bulletin, and any written responses shall be reviewed by the said Committee prior to action on the proposal by the Supreme Court. Any further proposals which are based upon the written responses so received need not be, but may be, published in the manner prescribed in subdivision (a)(1).

(3) A proposed rule or amendment may be promulgated even though it has not been previously distributed and published in the manner required by subdivisions (a)(1) and (a)(2), where exigent circumstances require the immediate adoption of the proposal; or where the proposed amendment is of a typographical or perfunctory nature; or where in the discretion of the Supreme Court such action is otherwise required in the interests of justice or efficient administration.

(b) Rules adopted or amended by the Supreme Court.

(1) Rules adopted or amended by the Supreme Court, and any adoption report of the Rules Committee, shall be filed in the office of the Prothonotary of the Supreme Court.

(2) After an order adopting a rule or amendment has been filed with the Prothonotary of the Supreme Court, the Prothonotary shall forward a certified copy of the order, rule or amendment, and any adoption report to:

(i) The publisher of the official version of Supreme Court decisions and opinions who shall cause it to be printed in the first available volume of the State Reports.

(ii) The Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

(iii) The Administrative Office.

(1) As used in this subdivision, ‘‘local rule’’ shall include every rule, administrative order, regulation, directive, policy, custom, usage, form, or order of general application, however labeled or promulgated, which is adopted or enforced by a court, council, committee, board, commission or other agency of the unified judicial system to govern judicial administration. This subdivision shall also apply to any amendment of a local rule.

(2) Local rules shall not be inconsistent with any general rule of the Supreme Court or any Act of Assembly.

(3) When a local rule under this subdivision corresponds to a general rule, the local rule shall be given a number that is keyed to the number of the general rule.

(4) Reserved.

(5) All local rules shall be published in the Pennsylvania Bulletin to be effective and enforceable.

(i) Reserved.

(ii) The adopting court or agency shall distribute two paper copies of the local rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. The adopting court or agency also shall distribute to the Legislative Reference Bureau a copy of the local rule on a computer diskette, CD-ROM, or other agreed upon alternate format that complies with the requirements of 1 Pa. Code § 13.11(b).

(iii) The effective date of the local rule shall not be less than 30 days after the date of publication of the local rule in the Pennsylvania Bulletin.

(6) Contemporaneously with publishing the local rule in the Pennsylvania Bulletin, the adopting court or agency shall:

(i) file one copy of the local rule with the Administrative Office;

(ii) publish a copy of the local rule on the website of the court or county in which the adopting court has jurisdiction; and

(iii) thereafter compile the local rule within the complete set of local rules no later than 30 days following publication in the Pennsylvania Bulletin.

(7) A compilation of local rules shall be kept continuously available for public inspection and copying in the respective filing office and on the website of the adopting court or county in which the adopting court has jurisdiction. Upon request and payment of reasonable costs of reproduction and mailing, the respective court office shall furnish a person with a copy of any local rule.

(8) No pleading or other legal paper shall be refused for filing by the prothonotary or clerk of courts based on a requirement of a local rule unrelated to the payment of filing fees. No case shall be dismissed nor request for relief granted or denied because of failure to initially comply with a local rule. In any case of noncompliance with a local rule, the court shall alert the party to the specific provision at issue and provide a reasonable time for the party to comply with the local rule.

(d) Rules of procedure adopted by other courts of the System.

(1) For the purpose of this subdivision, the term ‘‘local rule’’ shall include every rule, administrative order, regulation, directive, policy, custom, usage, form or order of general application, however labeled or promulgated, which is adopted by a court of common pleas and the Philadelphia Municipal Court to govern practice and procedure. This subdivision shall also apply to any amendment of a local rule.

(2) Local rules shall not be inconsistent with any general rule of the Supreme Court or any Act of Assembly. A Rules Committee, at any time, may recommend that the Supreme Court suspend, vacate, or require amendment of a local rule.

(3) Local rules shall be given numbers that are either keyed to the number of the general rules to which the local rules correspond or assigned by the general rules.

(4) All proposed local rules shall be submitted in writing to the appropriate Rules Committee for review. The adopting court shall not proceed with the proposed local rule until it receives written notification from the appropriate Rules Committee that the proposed local rule is not inconsistent with any general rule of the Supreme Court.

(5) All local rules shall be published in the Pennsylvania Bulletin to be effective and enforceable.

(i) The adopting court shall not publish the local rule in the Pennsylvania Bulletin until it has received the written notification pursuant to subdivision (d)(4).

(ii) The adopting court shall distribute two paper copies of the local rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. The adopting court also shall distribute to the Legislative Reference Bureau a copy of the local rule on a computer diskette, CD-ROM, or other agreed upon alternate format that complies with the requirements of 1 Pa. Code § 13.11(b).

(iii) The effective date of the local rule shall not be less than 30 days after the date of publication of the local rule in the Pennsylvania Bulletin.

(6) Contemporaneously with publishing the local rule in the Pennsylvania Bulletin, the adopting court shall:

(i) file one copy of the local rule with the Administrative Office;

(ii) publish a copy of the local rule on the website of the court or county in which the adopting court has jurisdiction; and

(iii) incorporate the local rule in the complete set of local rules no later than 30 days following publication in the Pennsylvania Bulletin.

(8) No pleading or other legal paper shall be refused for filing based upon a requirement of a local rule. No case shall be dismissed nor request for relief granted or denied because of failure to initially comply with a local rule. In any case of noncompliance with a local rule, the court shall alert the party to the specific provision at issue and provide a reasonable time for the party to comply with the local rule.

Effective October 1, 2021, ‘‘rule’’ includes the rule text and any accompanying commentary such as a note or comment. Such commentary, while not binding, may be used to construe or apply the rule text. Pursuant to subdivision (a), rulemaking proposals published seeking written responses shall be accompanied by a publication report from the Rules Committee. A Rules Committee may also submit a report pursuant to subdivision (b) when the Supreme Court adopts a rulemaking proposal. Any statements contained in Rules Committees’ publication or adoption reports permitted by either subdivision (a) or (b) are neither part of the rule nor adopted by the Supreme Court.

The purpose of subdivisions (c) and (d) is to further the policy of the Supreme Court to implement the Unified Judicial System under the Constitution of 1968 and to facilitate the statewide practice of law under the Court’s general rules. Local rules of judicial administration and local rules of procedure should not repeat general rules or statutory provisions verbatim or substantially verbatim nor should local rules make it difficult for attorneys to practice law in several counties. The provisions of subdivision (d) apply to local rules of procedure, but not to case-specific orders.

The caption or other words used as a label or designation shall not determine whether something is or establishes a rule; if the definition in subdivisions (c)(1) or (d)(1) is satisfied, the matter is a rule regardless of what it may be called. Local rules ‘‘adopted by a court of common pleas’’ in subdivision (d)(1) is intended to include those local rules of procedure for proceedings before a magisterial district judge.

To simplify the use of rules, local rules are to be given numbers that are keyed to the number of the general rules to which the rules correspond unless numbers are specifically assigned. See, e.g., Pa.R.C.P. No. 239.1—239.7. This requirement is not intended to apply to local rules that govern general business of the court or agency and which do not correspond to a statewide rule.

Subdivision (d)(4) requires that, before publishing a local rule of procedure or proceeding with any of the other requirements, the adopting court must submit all proposed local rules of procedure to the appropriate Rules Committee. For administrative convenience, proposed local rules of procedure may be sent to one email address (rulescommittees@pacourts.us) where the proposal will be distributed to the appropriate Rules Committee. Subdivision (d)(4) emphasizes that the adopting court must comply with all the provisions of this subdivision before any local rule will be effective and enforceable.

To be effective, all local rules shall be published in the Pennsylvania Bulletin. Pursuant to 1 Pa. Code § 13.11(b)—(f), any documents that are submitted for publication must be accompanied by a diskette or CD-ROM formatted in MS-DOS, ASCII, Microsoft Word, or WordPerfect. The diskette or CD-ROM must be labeled with the court’s or agency’s name and address and the rule’s computer file name. Section 13.11(e) provides that documents may be accepted in an alternate format if it is requested by the court or agency and agreed upon by the Legislative Reference Bureau.

Although a local rule shall not be effective until at least 30 days after the date of publication in the Pennsylvania Bulletin, when a situation arises that requires immediate action, the court or agency may act by specific orders governing particular matters in the interim before an applicable local rule becomes effective.

One copy of the local rule must also be filed with the Administrative Office. When rules are forwarded to the Administrative Office, the adopting court or agency should indicate whether the rules have been distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. For administrative convenience, local rules of procedure and judicial administration may be sent to adminrules@pacourts.us for filing.

New or amended local rules shall be timely compiled into the set of local rules to further facilitate the statewide practice of law, increase accessibility by the public, and maintain the currency of the requirement set forth in subdivisions (c)(7) and (d)(7).

Subdivisions (c)(7) and (d)(7) require that a separate consolidated set of local rules be maintained in the filing office, which may be the prothonotary, clerk of courts, clerk of orphans’ court, or domestic relations section depending on the type of proceeding, and on the website of the adopting court or the county in which the adopting court has jurisdiction. It is intended that a complete and up-to-date set of local rules will be maintained on the website of the adopting court or the county in which the adopting court has jurisdiction.

The Administrative Office maintains a web page linking to the websites of the courts of common pleas. That web page is located at http://www.pacourts.us/courts/courts-of-common-pleas/individual-county-courts.

Under subdivision (c)(8) a filing may be rejected if it is not accompanied by the necessary filing fee unless a fee waiver request is pending or granted. See, e.g., Pa.R.C.P. No. 240.

The provisions of this Rule 103 adopted and effective January 13, 1972; amended and effective May 10, 1973, 3 Pa.B. 921; renumbered from Supreme Court Rule 85 by Order dated March 15, 1972; amended and effective April 21, 1978, 8 Pa.B. 1271; amended October 10, 1979, effective October 20, 1979, 9 Pa.B. 3509; amended January 28, 1983, effective July 1, 1983, 13 Pa.B. 676; amended February 20, 2001, effective April 1, 2001, 31 Pa.B. 1319; amended May 14, 2013, effective in 30 days, 43 Pa.B. 2988; amended June 28, 2016, effective August 1, 2016, 46 Pa.B. 3790; amended February 3, 2017, effective immediately, 47 Pa.B. 937; amended June 10, 2021, effective October 1, 2021, 51 Pa.B. 3440. Immediately preceding text appears at serial pages (392212) and (386399) to (386403).

History

Source: The provisions of this Rule 101 amended June 10, 2021, effective October 1, 2021, 51 Pa.

201 Pa. Code Rule 104 Principles of Construction. {#sec-rule-104 omnilex-key=us-pa-regs-official--title-201--Rule 104}

In the construction of procedural or evidentiary rules adopted by the Supreme Court, the principles set forth in Rules 105 to 115 shall be observed, unless the application of such principles would result in a construction inconsistent with the manifest intent of the Supreme Court.

The provisions of this Rule 104 added November 3, 2023, effective January 1, 2024, 53 Pa.B. 7124.

History

Source: The provisions of this Rule 101 amended June 10, 2021, effective October 1, 2021, 51 Pa.

201 Pa. Code Rule 105 Number. Tense. {#sec-rule-105 omnilex-key=us-pa-regs-official--title-201--Rule 105}

The singular shall include the plural, and the plural, the singular. Words used in the past or present tense shall include the future.

The provisions of this Rule 105 added November 3, 2023, effective January 1, 2024, 53 Pa.B. 7124.

History

Source: The provisions of this Rule 101 amended June 10, 2021, effective October 1, 2021, 51 Pa.

201 Pa. Code Rule 106 Words and Phrases. {#sec-rule-106 omnilex-key=us-pa-regs-official--title-201--Rule 106}

(a) Words and phrases shall be construed according to rules of grammar and according to their common and approved usage; but technical words and phrases and such others as have acquired a peculiar and appropriate meaning or as are expressly defined by rule shall be construed according to such peculiar and appropriate or express meaning or definition.

(b) General words shall be construed to take their meanings and be restricted by preceding particular words.

A word or phrase’s common meaning may be discerned through examination of its dictionary definition and its legal meaning may be gleaned from its use in the corpus juris. See Commonwealth v. Wardlaw, 249 A.3d 937, 946-47 (Pa. 2021).

The provisions of this Rule 106 added November 3, 2023, effective January 1, 2024, 53 Pa.B. 7124.

History

Source: The provisions of this Rule 101 amended June 10, 2021, effective October 1, 2021, 51 Pa.

201 Pa. Code Rule 107 Computation of Time. {#sec-rule-107 omnilex-key=us-pa-regs-official--title-201--Rule 107}

(a) Days. When any period of time is referred to in any rule, such period, except as otherwise provided in subdivisions (c) and (d), shall be computed to exclude the first and include the last day of such period.

(b) Omitted Days. Whenever the last day of any such period shall fall on Saturday or Sunday, or on any day made a legal holiday by the laws of this Commonwealth or of the United States, such day shall be omitted from the computation.

(c) Successive Weeks. Whenever in any rule providing for the publishing of notices, the phrase ‘‘successive weeks’’ is used, weeks shall be construed as calendar weeks. The publication upon any day of such weeks shall be sufficient publication for that week, but at least five days shall elapse between each publication. At least the number of weeks specified in ‘‘successive weeks’’ shall elapse between the first publication and the day for the happening of the event for which publication shall be made.

(d) Months. Whenever in any rule the lapse of a number of months after or before a certain day is required, such number of months shall be computed by counting the months from such day, excluding the calendar month in which such day occurs, and shall include the day of the month in the last month so counted having the same numerical order as the day of the month from which the computation is made, unless there are not so many days in the last month so counted, in which case the period computed shall expire with the last day of such month.

(Editor’s Note: The following order was published at 54 Pa.B. 5611 (September 7, 2024):

Per Curiam

And Now, this 27th day of August, 2024, upon consideration of the requirements of the Electoral Count Reform Act of 2022, see 3 U.S.C. § 5, to expedite appeals in matters arising under the Pennsylvania Election Code with respect to the November 5, 2024 General Election, and pursuant to Article V, Section 10 of the Pennsylvania Constitution, it is Ordered as follows:

Rule 903(c)(1)(ii) of the Pennsylvania Rules of Appellate Procedure, which provides for a 10-day appeal period from an order in any matter arising under the Pennsylvania Election Code, is Temporarily Modified to provide for a 3-day appeal period; further, Pa.R.A.P. 1113(c)(1), which provides for a 10-day period for filing a petition for allowance of appeal from an order in any matter arising under the Pennsylvania Election Code, is Temporarily Modified to provide for a 3-day period. All cross-appeals and cross-petitions for allowance of appeal must also be filed within 3 days of the challenged order.

Additionally, Pa.R.A.P. 107 and Pa.R.J.A. 107 are Temporarily Suspended to the extent they specify that weekends and holidays are to be excluded in calculating the above 3-day periods.

Answers to jurisdictional statements and petitions for allowance of appeal, and separate motions to quash or dismiss appeals, will not be received in these matters. Any objection to the propriety of the appeal, including questions surrounding the appellate court’s jurisdiction, are to be raised in the appellees’ merits briefs.

In appeals that fall within the purview of this order, appellants shall file briefs within 24 hours of the filing their notice of appeal and, where applicable, jurisdictional statement. Appellees’ briefs are due within 24 hours of the filing of appellants’ briefs. Further, Pa.R.A.P. 2113 (regarding reply briefs) is Temporarily Suspended in these matters; no reply briefs will be permitted absent order of court.

All filings related to matters encompassed by this order shall be filed electronically when counsel or the litigants have a PACFile account. Otherwise, counsel or the litigants shall contact the relevant filing office to make alternative arrangements to ensure that the filing office receives the submissions by the applicable deadline.

Pa.R.A.P. 1931(a) and (c) (regarding the deadline for transmittal of the record when complete) are Temporarily Suspended in matters subject to this order, and the record shall be transferred as soon as practicable. The lower court may transmit partially completed records in the interest of facilitating prompt resolution of any appeal in these matters.

Applications for reconsideration or reargument will not be received on matters falling under this order.

Any court deciding a matter that arises under the Pennsylvania Election Code in relation to the November 5, 2024 General Election shall append a copy of this order to its decision.

This order shall be effective August 29, 2024, and shall apply to appeals or petitions for allowance of appeal filed from orders entered after that date.

This order shall remain in effect pending further order of this Court.

The provisions of this Rule 107 added November 3, 2023, effective January 1, 2024, 53 Pa.B. 7124.

History

Source: The provisions of this Rule 101 amended June 10, 2021, effective October 1, 2021, 51 Pa.

201 Pa. Code Rule 108 Construction of Rules. Intent of Supreme Court Controls. {#sec-rule-108 omnilex-key=us-pa-regs-official--title-201--Rule 108}

(a) The object of all interpretation and construction of rules is to ascertain and effectuate the intention of the Supreme Court.

(b) Every rule shall be construed, if possible, to give effect to all its provisions. When the words of a rule are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.

(c) When the words of a rule are not explicit, the intention of the Supreme Court may be ascertained by considering, among other matters:

(1) precedent of the Supreme Court interpreting the current rule;

(2) the commentary accompanying the rule;

(3) the rulemaking history;

(4) other procedures governing the same or similar subjects;

(5) the practice followed under the rule;

(6) the consequences of a particular interpretation; and

(7) the prior practice, if any, including other rules and Acts of Assembly, upon the same or similar subjects.

For ‘‘commentary accompanying the rule,’’ see Pa.R.J.A. 103, Comment. Concerning subdivision (c)(3), consideration of the rulemaking history may include the occasion and necessity for a rule, circumstances under which it was promulgated, prior practice, and the objective to be attained. Such information may be found in Rules Committees’ reports. See Pa.R.J.A. 103, cmt. Statements contained in these reports have not been adopted by the Supreme Court and should only be consulted for the limited purpose of understanding the history of a rule. For subdivision (c)(6), see Pa.R.J.A. 109 (Presumptions in Ascertaining the Intent of the Supreme Court).

The provisions of this Rule 108 added November 3, 2023, effective January 1, 2024, 53 Pa.B. 7124.

History

Source: The provisions of this Rule 101 amended June 10, 2021, effective October 1, 2021, 51 Pa.

201 Pa. Code Rule 109 Presumptions in Ascertaining the Intent of the Supreme Court. {#sec-rule-109 omnilex-key=us-pa-regs-official--title-201--Rule 109}

Ascertaining the Supreme Court’s intention in the adoption or amendment of a rule may be guided by the following presumptions among others:

(a) The Supreme Court does not intend a result that is absurd, impossible of execution, or unreasonable;

(b) The Supreme Court intends a rule to be construed to secure the just, speedy, and inexpensive determination of every action or proceeding to which it is applicable;

(d) The Supreme Court does not intend to violate the Constitution of the United States or of this Commonwealth;

(e) If the Supreme Court has construed the language used in a rule or statute, the Supreme Court in promulgating a rule on the same subject matter which employs the same language intends the same construction to be placed upon such language;

(f) The Supreme Court intends to favor the public interest as against any private interest; and

(g) No rule shall be construed to confer a right to trial by jury where such right does not otherwise exist.

The provisions of this Rule 109 added November 3, 2023, effective January 1, 2024, 53 Pa.B. 7124.

History

Source: The provisions of this Rule 101 amended June 10, 2021, effective October 1, 2021, 51 Pa.

201 Pa. Code Rule 110 Titles, Conditions, Exceptions, and Headings. {#sec-rule-110 omnilex-key=us-pa-regs-official--title-201--Rule 110}

(a) The title or heading of a rule may be considered in construing the rule.

(b) Conditions shall be construed to limit rather than to extend the operation of the clauses to which they refer.

(d) The title or heading prefixed to a chapter of rules shall not be considered to control but may be used in construing the rules.

The provisions of this Rule 110 added November 3, 2023, effective January 1, 2024, 53 Pa.B. 7124.

History

Source: The provisions of this Rule 101 amended June 10, 2021, effective October 1, 2021, 51 Pa.

201 Pa. Code Rule 111 Rules in Derogation of the Common Law. {#sec-rule-111 omnilex-key=us-pa-regs-official--title-201--Rule 111}

The principle that laws in derogation of the common law are to be strictly construed shall have no application to the rules promulgated by the Supreme Court.

The provisions of this Rule 111 added November 3, 2023, effective January 1, 2024, 53 Pa.B. 7124.

History

Source: The provisions of this Rule 101 amended June 10, 2021, effective October 1, 2021, 51 Pa.

201 Pa. Code Rule 112 Rules In Pari Materia. {#sec-rule-112 omnilex-key=us-pa-regs-official--title-201--Rule 112}

Rules or parts of rules within a particular body of rules are in pari materia when they relate to the same proceedings or class of proceedings. Rules in pari materia in the same body of rules shall be construed together, if possible, as one rule or one chapter of rules.

The provisions of this Rule 112 added November 3, 2023, effective January 1, 2024, 53 Pa.B. 7124.

History

Source: The provisions of this Rule 101 amended June 10, 2021, effective October 1, 2021, 51 Pa.

201 Pa. Code Rule 113 Particular Controls General. {#sec-rule-113 omnilex-key=us-pa-regs-official--title-201--Rule 113}

Whenever a general provision in a rule shall be in conflict with a particular provision in the same or another rule, the two shall be construed, if possible, so that effect may be given to both. If the conflict between the two provisions is irreconcilable, the particular provisions shall prevail and shall be construed as an exception to the general provision, unless the general provision shall be promulgated later and it shall be the manifest intention of the Supreme Court that such general provision shall prevail.

The provisions of this Rule 113 added November 3, 2023, effective January 1, 2024, 53 Pa.B. 7124.

History

Source: The provisions of this Rule 101 amended June 10, 2021, effective October 1, 2021, 51 Pa.

201 Pa. Code Rule 114 Construction of Rule Amendments. {#sec-rule-114 omnilex-key=us-pa-regs-official--title-201--Rule 114}

(a) Textual Indicators. Amended text indicated by the text in bold font within brackets shall be omitted, and the text in bold font and underscored shall be read as part of the rule.

(b) Amendments. Whenever a rule or part of a rule is amended, the amendment shall be construed to merge into the original rule, become a part thereof, and replace the part amended. The remainder of the original rule and amendment shall be read together and viewed as one rule promulgated at one time; but the portions of the rule which were not altered by the amendment shall be construed as effective from the time of their original promulgation and the new provisions shall be construed as effective only from the date when the amendment became effective.

(c) Merger of Subsequent Amendments. Whenever a rule has been more than once amended, the latest amendment shall be read into the original rule as previously amended and not into such rule as originally promulgated.

The provisions of this Rule 114 added November 3, 2023, effective January 1, 2024, 53 Pa.B. 7124.

History

Source: The provisions of this Rule 101 amended June 10, 2021, effective October 1, 2021, 51 Pa.

201 Pa. Code Rule 115 Procedures Inconsistent with Rules. {#sec-rule-115 omnilex-key=us-pa-regs-official--title-201--Rule 115}

All laws shall be suspended to the extent that they are inconsistent with rules prescribed under the Constitution of 1968. Procedures set forth in statute or local rule shall be inapplicable to the extent that they are inconsistent with rules prescribed by the Supreme Court governing proceedings on the same subject matter.

See Pa. Const. art. V, § 10(c); 42 Pa.C.S. § 1722(a)(1); see also Pa.R.J.A. 103(d)(2); Appeal of Gibbons, 104 Pa. 587, 591 (1884) (court of common pleas cannot adopt rules inconsistent with Supreme Court rules).

The provisions of this Rule 115 added November 3, 2023, effective January 1, 2024, 53 Pa.B. 7124.

History

Source: The provisions of this Rule 101 amended June 10, 2021, effective October 1, 2021, 51 Pa.

Chapter 2 DISABILITY AND LANGUAGE ACCESS

201 Pa. Code Rule 250 Policy. {#sec-rule-250 omnilex-key=us-pa-regs-official--title-201--Rule 250}

It is the policy of the Unified Judicial System (UJS) to prohibit discrimination against any individual with a disability, as defined by the Americans with Disabilities Act (‘‘ADA’’), 42 U.S.C. § § 12131 et seq., in accessing or participating in judicial proceedings or other services, programs, or activities of the UJS.

The provisions of this Rule 250 adopted March 3, 2014, effective immediately, 44 Pa.B. 1419; amended November 19, 2021, effective January 1, 2022, 51 Pa.B. 7409. Immediately preceding text appears at serial page (371441).

History

Source: The provisions of this Chapter 2 adopted December 21, 2007, effective January 1, 2008, 38 Pa.

201 Pa. Code Rule 251 Scope. {#sec-rule-251 omnilex-key=us-pa-regs-official--title-201--Rule 251}

These rules shall apply to each UJS entity which includes, but is not limited to, all appellate courts, judicial districts, boards, committees, and agencies under the administrative authority of the Supreme Court. These rules relating to reasonable accommodations under Title II of the ADA do not supersede either the requirements of 42 Pa.C.S. § § 4401 et seq., relating to Court Interpreters for Persons Who Are Deaf or Hard of Hearing, or the Administrative Regulations Governing Language Access for Persons with Limited English Proficiency and for Persons Who Are Deaf or Hard of Hearing, 204 Pa. Code § § 221.101 et seq.

Official Note

The Administrative Regulations Governing Language Access for Persons with Limited English Proficiency and for Persons Who Are Deaf or Hard of Hearing (204 Pa. Code § § 221.101 et seq.) and 42 Pa.C.S. § § 4401 et seq. provide standards for court interpreters in judicial proceedings. ‘‘Judicial proceeding’’ is defined, in pertinent part, as ‘‘an ‘action,’ ‘appeal’ or ‘proceeding’ in any court of this Commonwealth.’’ 2 Pa.C.S. § 101. Title II of the ADA requires an interpreter for the deaf or hard of hearing for all programs, services, or activities of the UJS. See 42 U.S.C. § 12132; 28 C.F.R. § 35.160.

The provisions of this Rule 251 adopted March 3, 2014, effective immediately, 44 Pa.B. 1419; amended November 19, 2021, effective January 1, 2022, 51 Pa.B. 7409. Immediately preceding text appears at serial pages (371441) to (371442).

History

Source: The provisions of this Chapter 2 adopted December 21, 2007, effective January 1, 2008, 38 Pa.

201 Pa. Code Rule 252 Reasonable accommodations. {#sec-rule-252 omnilex-key=us-pa-regs-official--title-201--Rule 252}

A. Each UJS entity shall develop a written policy to receive and process requests for reasonable accommodations from individuals with disabilities. The policy shall be posted on the UJS website, each UJS entity’s respective website, and in each courthouse and office in the court system.

B. All policies developed must be substantially similar to the policy appended to this Rule (Appendix A) and shall contain, at a minimum, the following elements:

Appointment of an ADA coordinator—the coordinator must be identified on all court or program materials and the following information shall be provided: the coordinator’s name, work address, work fax number or e-mail address, and work telephone number.
Notice of the right to request free accommodation(s).
Explanation of the process for requesting accommodation(s).
Timeline for request and response.

C. Each UJS entity shall develop a form substantially similar to the one appended to this rule (Appendix A) for processing requests for reasonable accommodations.

D. Each UJS entity shall adopt and publish a grievance procedure, substantially similar to the procedure appended to this rule (Appendix B), for requests that have been denied in whole or in part. Any denial of an accommodation request based upon undue burden or fundamental alteration to services and programs shall be put in writing by the head of the entity or his or her designee and shall provide specific reasons for the denial.

Official Note

In 2014, each UJS entity was required to provide the Administrative Office with a copy of their ADA policy and form and their grievance procedure and form, as outlined in sections A—D above.

The provisions of this Rule 252 adopted March 3, 2014, effective immediately, 44 Pa.B. 1419; amended November 19, 2021, effective January 1, 2022, 51 Pa.B. 7409. Immediately preceding text appears at serial pages (371442) to (371443).

History

Source: The provisions of this Chapter 2 adopted December 21, 2007, effective January 1, 2008, 38 Pa.

201 Pa. Code Rule 260 Definitions. {#sec-rule-260 omnilex-key=us-pa-regs-official--title-201--Rule 260}

‘‘Court services, programs, and activities’’ mean services, programs, and activities, other than judicial proceedings, that are administered under the authority of the courts, i.e., provided by or contracted for by the court.

‘‘Deaf or hard of hearing’’ (‘‘DHH’’) means a hearing loss or impairment of speech that creates an inability to understand or communicate the spoken English language.

‘‘Direct victim’’ means an individual against whom a crime has been committed or attempted and who, as a direct result of the criminal act or attempt, suffers physical or mental injury, death, or the loss of earnings.

‘‘Judicial proceeding’’ means an action, appeal, or proceeding in a court conducted by a presiding judicial officer, as defined for the purposes of these Rules.

‘‘Language Access Plan’’ (‘‘LAP’’) means a plan adopted by the Supreme Court or by a judicial district, intended to fulfill the requirements of Pennsylvania and federal law relating to meaningful access to the Unified Judicial System of Pennsylvania (‘‘UJS’’).

‘‘Limited English Proficient’’ (‘‘LEP’’) refers to individuals who do not speak English as their exclusive or primary language and who have a limited ability to read, speak, write, or understand English.

‘‘Presiding judicial officer’’ includes justices, judges, magisterial district judges, and appointive judicial officers such as arbitrators and other like officers.

‘‘Principal party in interest’’ means a person involved in a judicial proceeding who is a named party or a fiduciary for a named party; a direct victim in a criminal proceeding or a proceeding pursuant to the Juvenile Act (42 Pa.C.S. Ch. 63); or a parent, guardian, or custodian of a minor or incapacitated person who is a party, a direct victim in a criminal proceeding or a proceeding pursuant to 42 Pa.C.S. Ch. 63, or a witness.

‘‘Vital documents’’ mean documents that contain or solicit information critical for obtaining access to the court, court services, and/or benefits, advise of rights or responsibilities, including the consequences of violating a court order, or are required by law.

See also 204 Pa. Code Ch. 221 (regulations relating to language access for persons with limited English proficiency and for persons who are deaf or hard of hearing). These terms are included here for convenience to aid in readily understanding the requirement of providing meaningful access under these Rules.

The definition of court services, programs, and activities encompasses those administered under the authority of the court, including, but not limited to, domestic relations, probation, pro se clinics, cases involving court-appointed counsel, or alternative dispute resolution.

Court services, programs, and activities provided by or contracted for by offices outside of the courts that have a distinct legal obligation to provide language access under Title VI of the Civil Rights Act of 1964 are not covered by these rules. Such offices include the Prothonotary, the Clerk of Courts, the Clerk of the Orphans’ Court, the District Attorney’s Office, and the Public Defender’s Office.

The provisions of this Rule 260 added November 19, 2021, effective January 1, 2022, 51 Pa.B. 7409.

History

Source: The provisions of this Chapter 2 adopted December 21, 2007, effective January 1, 2008, 38 Pa.

201 Pa. Code Rule 261 Policy. {#sec-rule-261 omnilex-key=us-pa-regs-official--title-201--Rule 261}

A. It is the policy of the UJS to provide meaningful language access to the courts for all individuals who are Limited English Proficient (‘‘LEP’’) or deaf or hard of hearing (‘‘DHH’’) to ensure that such persons have due process and equal access to all judicial proceedings, court services, programs, and activities. Ensuring meaningful language access means providing timely, accurate, and effective language services at no cost to persons who are LEP or DHH, whether requested or not.

B. Courts must review data concerning the languages for which interpreters are most frequently requested in their courts and translate vital documents in accordance with the policy and procedures established by the Administrative Office. Oral translation of documents shall be provided when a translated document is not available.

C. A qualified interpreter shall be provided for any court services, programs, or activities involving an LEP person and in every judicial proceeding where the LEP person is one of the following:

a principal party in interest.
any person when a court finds good cause for provision of interpreter services.

D. A qualified interpreter shall be provided for any court services, programs, or activities involving a DHH person and in every judicial proceeding where the DHH person is one of the following:

a principal party in interest.
any person, including a spectator, who seeks a reasonable accommodation.

Equal access to the courts and effective communication in court proceedings is fundamental to the legitimacy of Pennsylvania’s system of justice and the public’s trust and confidence in the courts. Language services for individuals who are LEP or DHH are essential to ensure that they are able to fully participate in judicial proceedings and court services, programs, and activities in which their rights and interests are at stake. Moreover, the courts have an interest in ensuring the integrity of communications with LEP and DHH court users for the accurate presentation of evidence and the fair administration of justice.

The UJS is committed to ensuring meaningful access to LEP court users. Title VI of the Civil Rights Act of 1964 states that ‘‘[n]o person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.’’ 42 U.S.C. § 2000d; see also Department of Justice regulations regarding implementation of Title VI at 28 C.F.R. § 42.101 et seq. (‘‘Title VI’’ as used in these Rules refers collectively to the statute and its implementing regulations.)

In addition to federal law, the Pennsylvania Interpreter Act, Act 172 of 2006, requires the appointment of qualified interpreters for judicial proceedings. See 42 Pa.C.S. § 4412. Act 172 and its implementing regulations direct that interpretation must be in person, except in certain circumstances where telephone or video remote interpretation may be used. See 204 Pa. Code § 221.104 (relating to remote interpretation).

For persons who are DHH, meaningful access to the courts is required under 204 Pa. Code Ch. 221, section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, the Americans with Disabilities Act, 42 U.S.C. § § 12131 et seq., the Pennsylvania Interpreter Act, 42 Pa.C.S. § § 4401 et seq., and various regulations, 28 C.F.R. § § 42.101 et seq. and 28 C.F.R. § § 39.101 et seq., implementing these laws.

Meaningful access to the courts also includes meaningful access to court programs, services, and activities that are administered under the authority of the courts. The providers of such programs may receive federal funding and, therefore, may be independently required under Title VI to provide such access. In addition, there is an obligation to provide sign language interpreters and any other reasonable accommodations necessary to afford deaf and hard of hearing court users equally effective communications under the Americans with Disabilities Act, regardless of whether the vendor providing the program or service receives federal funds. A party who is LEP or DHH should not be required to participate in a program, service, or activity if the party is not able to fully participate or understand on account of language or disability. Courts should consider whether alternatives may be made available and, if not, whether a waiver of the required court program, service, or activity may be permitted.

Except in courtroom proceedings, effective communication with persons who are LEP or DHH can also be facilitated through the use of court staff who are proficient in languages other than English, in accordance with the Administrative Office’s policy on bilingual employees.

The provisions of this Rule 261 added November 19, 2021, effective January 1, 2022, 51 Pa.B. 7409.

History

Source: The provisions of this Chapter 2 adopted December 21, 2007, effective January 1, 2008, 38 Pa.

201 Pa. Code Rule 262 Scope. {#sec-rule-262 omnilex-key=us-pa-regs-official--title-201--Rule 262}

These Rules apply to every entity in the UJS, including appellate, trial, and magisterial district courts, as well as boards, committees, and offices under the administrative authority of the Supreme Court.

The provisions of this Rule 262 added November 19, 2021, effective January 1, 2022, 51 Pa.B. 7409.

History

Source: The provisions of this Chapter 2 adopted December 21, 2007, effective January 1, 2008, 38 Pa.

201 Pa. Code Rule 263 Language access plans. {#sec-rule-263 omnilex-key=us-pa-regs-official--title-201--Rule 263}

A. The Court Administrator shall promulgate uniform standards for the provision of meaningful language and DHH access through the Language Access Plan (‘‘UJS-LAP’’) for the UJS. The UJS-LAP shall address the early identification of the need for language or DHH services; provision of oral and written language services; maintenance of data on the need for and use of language access services; identification and translation of vital documents; and outreach and education. The UJS-LAP shall be posted on the UJS website. The UJS-LAP shall be evaluated and updated regularly.

B. The Court Administrator shall promulgate regulations to implement the Pennsylvania Interpreter Act.

C. Each judicial district shall promulgate local language access plans in conformity with a template to be provided by the Administrative Office. At a minimum, the following elements shall be included in those plans: identification of LEP court users; provision of interpreters in judicial proceedings; provision of language access to court services, programs, and activities; translation of vital documents in languages most frequently requested in their courts; and complaint procedures. Each judicial district shall review and update its language access plan to ensure that meaningful access is being provided to LEP and DHH individuals in the judicial district. Plans shall be posted on the UJS website and on the websites of the judicial districts.

On March 28, 2017, the Supreme Court approved the UJS-LAP providing a framework for the provision of meaningful language access for individuals who are LEP or DHH. The UJS-LAP specifies the language access requirements applicable to Pennsylvania courts and identifies steps that must be taken to fully implement language access requirements, including but not limited to:

Counsel, court staff, judges, quasi-judicial officers, and anyone aware of the need for an interpreter should notify the language access coordinator for the judicial district, or the court, of the person’s need for language access services.

Courts must review data concerning the languages for which interpreters are most frequently requested in their courts and translate vital documents in accordance with the policy and procedures established by the Administrative Office. Oral translation of documents shall be provided when a translated document is not available.

The Administrative Office has developed and implemented protocols within the statewide case management systems for early identification of the need for language services, including a multilingual Notice of Language Rights form that is transmitted with hearing notices and subpoenas. Additionally, the Administrative Office has transmitted notices of the right to interpreter services for posting at courthouses and offices in the court system. The Administrative Office and the courts will continue to develop processes for documenting the need for language services as a case progresses through the UJS.

In instances when no request has been made, and a person’s need for an interpreter is apparent, or the ability of a person to understand English is unclear, the presiding judicial officer shall, after conducting voir dire, make a determination of whether the person is LEP or DHH and, if so, require an interpreter for a judicial proceeding. A sample voir dire is in the ‘‘Judicial Bench Card for Working with Interpreters: Quick Reference Guide,’’ available on the Language Access & Interpreter Program page of the UJS website, http://www.pacourts.us. Also posted on this page are the UJS-LAP, Pennsylvania Interpreter Act regulations, and the judicial districts’ language access plans.

The provisions of this Rule 263 added November 19, 2021, effective January 1, 2022, 51 Pa.B. 7409.

The provisions of this Appendix A adopted March 3, 2014, effective immediately, 44 Pa.B. 1419.

The Unified Judicial System of Pennsylvania (UJS) complies with Title II of the Americans with Disabilities Act (ADA) which provides that ‘‘no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity’’. 42 U.S.C.A. § 12132. Pursuant to that requirement, if you are an individual with a disability who needs an accommodation in order to participate in any judicial proceeding or any other service, program, or activity of the UJS, you are entitled, at no cost to you, to the provision of certain assistance. The ADA does not require the (UJS entity name here) to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.

If you require an accommodation under the ADA, it is recommended that you make your request as soon as possible or at least three (3) business days before your scheduled participation in any court proceeding or UJS program or activity. All requests for accommodation, regardless of timeliness, will be given due consideration and if necessary, may require an interactive process between the requestor and the (name of UJS entity) to determine the best course of action.

To request a reasonable accommodation, please complete the Request for Reasonable Accommodation Form (Appendix B) and return it to:

Name(s), Business Address(es), Fax Number(s) and / or e-mail address(es), Telephone Number(s) of the ADA Coordinator

If you need assistance completing this form, contact the ADA Coordinator. Complaints alleging violations of Title II under the ADA may be filed pursuant to the UJS Grievance Procedure with (name and contact information of individual who handles grievance procedures). A response will be sent to you after careful review of the facts.

The provisions of this Appendix B adopted March 3, 2014, effective immediately, 44 Pa.B. 1419.

This grievance procedure is established for the prompt resolution of complaints alleging any violation of Title II of the Americans with Disabilities Act (ADA) in the provision of services, programs, or activities by the Unified Judicial System (UJS). If you require a reasonable accommodation to complete this form, or need this form in an alternate format, please contact [ADA coordinator information].

To file a complaint under the Grievance Procedure please take the following steps:

Complete the complaint form and return to [ADA Coordinator or designated individual]. Alternative means of filing complaints will be made available for persons with disabilities upon request. The complaint should be submitted as soon as possible but no later than sixty (60) calendar days after the alleged violation.
Within fifteen (15) calendar days of receipt of the complaint, the [ADA Coordinator or designated individual] will investigate the complaint, including, meeting with the individual seeking an accommodation, either in person or via telephone, to discuss the complaint and the possible resolutions. Within fifteen (15) calendar days of the meeting, the [ADA Coordinator or designated individual] will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio. The response will explain the position of the [name of UJS entity] and offer options for substantive resolution of the complaint.
If the response to the complaint does not satisfactorily resolve the issue, the complainant may appeal the decision within fifteen (15) calendar days after receipt of the response to [designated individual]. Within fifteen (15) calendar days after receipt of the appeal, the [designated individual] will meet with the complainant to discuss the complaint and possible resolutions. Within fifteen (15) calendar days after the meeting, the [designated individual] will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

This grievance procedure is informal. An individual’s participation in this informal process is completely voluntary. Use of this grievance procedure is not a prerequisite to and does not preclude a complainant from pursuing other remedies available under law.

The UJS Policy on Non-Discrimination and Equal Employment Opportunity also encompasses disability-related issues and provides complaint procedures for UJS court users. Any employment-related disability discrimination complaints will be governed by the UJS Policy on Nondiscrimination and Equal Employment Opportunity.

History

Source: The provisions of this Chapter 2 adopted December 21, 2007, effective January 1, 2008, 38 Pa.

Chapter 3 JUDICIAL COUNCIL OF PENNSYLVANIA

201 Pa. Code Rule 301 Judicial Council of Pennsylvania. {#sec-rule-301 omnilex-key=us-pa-regs-official--title-201--Rule 301}

(a) Establishment and status. There shall be a Judicial Council of Pennsylvania. All actions of the Judicial Council shall be subject to the supervision and approval of the Supreme Court.

(b) Composition. The Judicial Council shall consist of the following members:

(1) The Chief Justice of Pennsylvania

(2) Two Justices of the Supreme Court selected by the Supreme Court

(3) The Court Administrator of Pennsylvania

(4) The President Judge of the Superior Court

(5) The President Judge of the Commonwealth Court

(6) The President Judge of the Court of Common Pleas of Philadelphia County

(7) The President Judge of the Court of Common Pleas of Allegheny County

(8) The President of the Pennsylvania Conference of State Trial Judges

(9) Three judges of the courts of common pleas appointed by the Supreme Court from judicial districts other than the First and Fifth judicial districts and no more than one of whom shall be from the same judicial district

(10) One member appointed by the Supreme Court from judges of courts other than appellate courts and the courts of common pleas

(11) Three non-judge members of the bar of the Supreme Court appointed by the Supreme Court from the Civil Procedural Rules Committee, the Criminal Procedural Rules Committee and the Minor Court Rules Committee, no more than one of whom shall be from the same Committee

(12) One non-judge member of the bar of the Supreme Court appointed by the Supreme Court

(13) Three non-lawyer electors appointed by the Chief Justice of Pennsylvania, each of whom shall be selected from a different geographical area of the Commonwealth

(14) One member of the Senate of Pennsylvania, appointed by the President Pro Tempore of the Senate

(15) One member of the House of Representatives, appointed by the Speaker of the House of Representatives

(16) Three members appointed by the Governor

(17) One member of the Senate of Pennsylvania, appointed by the Minority Leader of the Senate

(18) One member of the House of Representatives, appointed by the Minority Leader of the House of Representatives

(19) The President of the Pennsylvania Association of Court Management.

(20) Such advisory members as may be appointed by the Chief Justice. Advisory members shall not vote on matters before the Council

(1) A member of the Council other than the advisory member shall serve for a term of three years commencing on October 1 and may be selected or reappointed any number of times. A member shall continue to serve upon expiration of a term of membership until a successor has been selected or appointed except if the member holds membership by virtue of an office set forth in subdivision (a).

(2) Membership shall automatically terminate upon a member’s death, resignation, removal or disqualification for original selection or appointment. A vacancy on the Council shall be filed by the respective selecting or appointing authority for the balance of the term.

(d) Expenses. All members of the Council shall be reimbursed for expenses necessarily incurred in the discharge of their official duties.

The provisions of this Rule 301 amended through April 21, 1980, 10 Pa.B. 1859; amended August 25, 1997, effective immediately, 27 Pa.B. 4724; amended September 24, 1997, effective immediately, 27 Pa.B. 5245; amended June 29, 1999, effective immediately, 29 Pa.B. 3713; amended March 12, 2001, effective immediately, 31 Pa.B. 1555; amended April 7, 2003, effective immediately, 33 Pa.B. 2044. Immediately preceding text appears at serial pages (276475) to (276476).

History

Source: The provisions of this Rule 301 amended through April 21, 1980, 10 Pa.

201 Pa. Code Rule 302 Organization and procedure. {#sec-rule-302 omnilex-key=us-pa-regs-official--title-201--Rule 302}

(a) Officers. The Chief Justice of Pennsylvania shall be Chair and the Justice of the Supreme Court with most seniority on the Council shall be Vice-Chair. The Chair shall appoint the Secretary of the Judicial Council.

(b) Staff. The Executive Director shall be the chief administrative officer of the Judicial Council. The Court Administrator shall provide staff assistance to the Council when called upon to do so.

(d) Quorum. A majority of the members of the Judicial Council in office shall be a quorum.

(e) Committees. The Chair may appoint from the Council membership one or more committees and designate one of the members of each committee as committee chair. A committee chair may appoint advisory members to a committee but such advisory members shall neither vote on matters before the Committee nor be members of the Council.

(f) Procedure. Except as otherwise prescribed by these rules, the proceedings of the Judicial Council shall be governed by internal regulations adopted by the Council.

The provisions of this Rule 302 amended October 10, 1979, effective October 20, 1979, 9 Pa.B. 3509; amended June 29, 1999, effective immediately, 29 Pa.B. 3713; amended March 12, 2001, effective immediately, 31 Pa.B. 1555. Immediately preceding text appears at serial pages (257874) to (257875).

History

Source: The provisions of this Rule 301 amended through April 21, 1980, 10 Pa.

201 Pa. Code Rule 303 [Rescinded]. {#sec-rule-303 omnilex-key=us-pa-regs-official--title-201--Rule 303}

The provisions of this Rule 303 rescinded April 21, 1980, 10 Pa.B. 1859. Immediately preceding text appears at serial page (45642).

History

Source: The provisions of this Rule 301 amended through April 21, 1980, 10 Pa.

201 Pa. Code Rule 311 Recommendations to the Supreme Court. {#sec-rule-311 omnilex-key=us-pa-regs-official--title-201--Rule 311}

(a) Reference matters. The Judicial Council shall make recommendations to the Supreme Court on any matter referred to it by the Court.

(b) Council-originated matters. The Judicial Council may make recommendations to the Supreme Court on matters relating to court administration.

(c) Status of other judicial agencies. The provisions of subdivisions (a) and (b) of this rule shall not abrogate or limit the powers or duties of any procedural rules committee or other body authorized by the Supreme Court to recommend procedural or other rules to it.

The provisions of this Rule 311 amended October 10, 1979, effective October 20, 1979, 9 Pa.B. 3509; amended June 29, 1999, effective immediately, 29 Pa.B. 3713. Immediately preceding text appears at serial page (234275).

History

Source: The provisions of this Rule 301 amended through April 21, 1980, 10 Pa.

201 Pa. Code Rule 312 [Rescinded]. {#sec-rule-312 omnilex-key=us-pa-regs-official--title-201--Rule 312}

The provisions of this Rule 312 rescinded October 10, 1979, effective October 20, 1979, 9 Pa.B. 3509. Immediately preceding text appears at serial page (21254).

History

Source: The provisions of this Rule 301 amended through April 21, 1980, 10 Pa.

201 Pa. Code Rule 313 [Rescinded]. {#sec-rule-313 omnilex-key=us-pa-regs-official--title-201--Rule 313}

The provisions of this Rule 313 rescinded October 10, 1979, effective October 20, 1979, 9 Pa.B. 3509. Immediately preceding text appears at serial page (21255).

History

Source: The provisions of this Rule 301 amended through April 21, 1980, 10 Pa.

201 Pa. Code Rule 314 [Rescinded]. {#sec-rule-314 omnilex-key=us-pa-regs-official--title-201--Rule 314}

The provisions of this Rule 314 amended May 10, 1973, 3 Pa.B. 921, rescinded October 10, 1979, effective October 20, 1979, 9 Pa.B. 3509. Immediately preceding text appears at serial pages (21256) to (21257).

History

Source: The provisions of this Rule 301 amended through April 21, 1980, 10 Pa.

Chapter 5 ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS

201 Pa. Code Rule 501 Court Administrator of Pennsylvania. {#sec-rule-501 omnilex-key=us-pa-regs-official--title-201--Rule 501}

(a) The Court Administrator of Pennsylvania shall serve at the pleasure of the Supreme Court. The Court Administrator shall be responsible for the prompt and proper disposition of the business of all courts and magisterial district judges.

(b) The Court Administrator shall have a seal with the words ‘‘Court Administrator of Pennsylvania’’ on an outside circle surrounding the arms of the Commonwealth. A facsimile or pre-printed seal may be used for all purposes in lieu of the original seal.

History

Source: The provisions of this Rule 503 amended October 10, 1979, effective October 20, 1979, 9 Pa.

201 Pa. Code Rule 502 Administrative Office of Pennsylvania Courts. {#sec-rule-502 omnilex-key=us-pa-regs-official--title-201--Rule 502}

There shall be an Administrative Office of Pennsylvania Courts which shall be the office of the Court Administrator and shall be maintained at such place as directed by the Supreme Court. It shall be supervised by the Court Administrator of Pennsylvania who shall, either personally, by deputy, by other duly authorized personnel of the system, or by duly authorized agent, exercise the powers and perform the duties by law vested in and imposed upon the Administrative Office.

History

Source: The provisions of this Rule 503 amended October 10, 1979, effective October 20, 1979, 9 Pa.

201 Pa. Code Rule 503 Staff. {#sec-rule-503 omnilex-key=us-pa-regs-official--title-201--Rule 503}

(a) Supreme Court appointments. The Supreme Court may appoint and remove the executive personnel of the Administrative Office and such district court administrators and other personnel of the system as may be necessary and proper for the prompt and proper disposition of the business of all courts and magisterial district judges.

(b) Other appointments. Subject to the approval of the Supreme Court, the Court Administrator may appoint and remove such personnel of the Administrative Office and such appellate and district court administrators, and their staffs, as are authorized for the system. After no more than a six-month probationary period, no appellate court administrator, district court administrator, deputy court administrator or special courts administrator may be removed without the prior written approval of the Court Administrator. In the event of a vacancy in the position of appellate court administrator, district court administrator, deputy court administrator or special courts administrator in any of the Judicial Districts of the Commonwealth, the position shall be filled by the President Judge or, in such Districts where there are Administrative Judges, by the majority vote of the President Judge and Administrative Judges, only with the written approval of the Court Administrator of Pennsylvania. If no such approval is obtained, further candidates for the position(s) shall be presented until such approval is obtained. In no case shall an ‘‘acting’’ court administrator or ‘‘acting’’ deputy or special courts administrator be put in place for longer than six months without the written approval of the Court Administrator being sought and received.

The provisions of this Rule 503 amended October 10, 1979, effective October 20, 1979, 9 Pa.B. 3509; amended June 7, 1996, effective September 1, 1996, 26 Pa.B. 2985. Immediately preceding text appears at serial pages (192783) to (192784).

History

Source: The provisions of this Rule 503 amended October 10, 1979, effective October 20, 1979, 9 Pa.

201 Pa. Code Rule 504 Powers of the Court Administrator. {#sec-rule-504 omnilex-key=us-pa-regs-official--title-201--Rule 504}

(a) Purchasing and financial activities. Under the direction of the Supreme Court, the Court Administrator shall have the power:

(1) To purchase goods or services for the system from funds appropriated to the system, including the rental of space and requests for the construction or modification of Commonwealth facilities to be utilized by the system.

(2) To approve or disapprove requests for the purchase of goods or services by other personnel of the system from funds appropriated to the system, including the rental of space and requests for the construction or modification of Commonwealth facilities to be utilized by the system.

(3) To approve or disapprove transfers of unexpended funds from the purpose for which they were originally budgeted to any other lawful purpose of the system.

(b) Other powers. Subject to any inconsistent order or general rule of the Supreme Court, the Court Administrator shall have and exercise the powers necessary for the administration of the system and related personnel and the administration of the Judicial Branch and the unified judicial system.

(c) Until further order of the Supreme Court, the Court Administrator shall continue to have authority as heretofore with respect to matters within the scope of 42 Pa.C.S. § 1724(a)(3); all other powers conferred by said provision shall be exercised by or pursuant to order of the Supreme Court. The taking effect of the Judicial Code, as such, shall not affect the number, grade or compensation of authorized positions within the personnel of the system whose compensation is not fixed by statute.

(d) Until further order of the Supreme Court, authority under 42 Pa.C.S. § 1724(a)(7) shall be exercised by the Court Administrator, who shall prepare and submit to the Court recommendations for permanent standards under said provision.

The provisions of this Rule 504 adopted October 10, 1979, effective October 20, 1979, 9 Pa.B. 3509.

History

Source: The provisions of this Rule 503 amended October 10, 1979, effective October 20, 1979, 9 Pa.

201 Pa. Code Rule 505 General functions of the Administrative Office. {#sec-rule-505 omnilex-key=us-pa-regs-official--title-201--Rule 505}

The Administrative Office shall have the power and its duties shall be:

(1) To review the operation and efficiency of the system and of all offices related to and serving the system and, when necessary, to report to the Supreme Court or the Judicial Council with respect thereto.

(2) To formulate and submit to the Supreme Court recommendations for the improvement of the system and offices related to and serving the system.

(3) To represent the system before the General Assembly and other legislative bodies with respect to matters affecting the system and offices related to and serving the system.

(4) To examine the administrative and business methods employed in the office of the prothonotaries and clerks of court and other offices within or related to and serving the system and make recommendations for necessary improvement.

(5) To collect and compile financial and other statistical data and other information on the business of the courts and the magisterial district judges and on the work of all offices related to and serving the system, to publish periodic reports with respect thereto and to furnish to the Supreme Court such information as may be requested by it.

(6) To examine the state of the dockets and practices and procedures of the courts and of the magisterial district judges and make recommendations for the expedition of litigation.

(7) To prepare and submit to the Supreme Court for review and approval a tentative budget request for the system and to appear before the Secretary of the Budget and the General Assembly in support of the final budget request of the system as approved by the Supreme Court.

(8) To disburse and to approve or disapprove requests for permission to spend or encumber funds appropriated to the system within the limits established under Rule 504(a).

(9) To procure and to make available to the personnel of the system entitled thereto, accommodations, goods and services secured through funds appropriated to the system.

(10) To maintain central records relating to the qualifications, employment status, basis of compensation, and other personnel information of all personnel of the system compensated in whole or in part through funds appropriated to the system.

(11) To supervise all administrative matters relating to the offices of the prothonotaries and clerks of court and other system and related personnel engaged in clerical functions, including the institution of such uniform procedures, indexes and dockets as may be approved by the Supreme Court.

(12) To prepare educational and training materials for system and related personnel and to conduct educational and training sessions.

(13) To receive comments and complaints from the public relating to the system and offices relating to and serving the system.

(14) To prepare and publish an annual report on the work of the system and of the offices related to and serving the system and on the activities of the Court Administrator of Pennsylvania and the Administrative Office of Pennsylvania Courts.

(15) To provide to personnel of the system legal services and, when appropriate, representation by legal counsel.

(16) To perform such additional duties as may be assigned by law or by the Supreme Court.

The provisions of this Rule 505 amended and effective Jan. 18, 1974, amended October 10, 1979, effective October 20, 1979, 9 Pa.B. 3509. Immediately preceding text appears at serial pages (21258) to (21259).

History

Source: The provisions of this Rule 503 amended October 10, 1979, effective October 20, 1979, 9 Pa.

201 Pa. Code Rule 506 Cooperation with Administrative Office. {#sec-rule-506 omnilex-key=us-pa-regs-official--title-201--Rule 506}

(a) Cooperation required. All system and related personnel shall comply with all standing and special requests or directives made by the Administrative Office for information and statistical data relative to the work of the system and of the offices related to and serving the system and relative to the expenditure of public monies for their maintenance and operation.

(b) Enforcement. The Court Administrator shall report any case of neglect or refusal to comply with requests or directives made under subdivision (a) of this rule to the Supreme Court at its first meeting following such neglect or refusal, giving full particulars, including the names of the personnel involved, the nature of the request or directive and the degree of neglect or refusal. The Chief Justice may require the attendance of the personnel involved at an appropriate hearing, held in accordance with the order of the Chief Justice. After opportunity for hearing, the Chief Justice may enter such order as may be appropriate to the circumstances of the case.

The provisions of this Rule 506 amended October 10, 1979, effective October 20, 1979, 9 Pa.B. 3509. Immediately preceding text appears at serial page (21260).

History

Source: The provisions of this Rule 503 amended October 10, 1979, effective October 20, 1979, 9 Pa.

201 Pa. Code Rule 507 Record Retention Schedules. {#sec-rule-507 omnilex-key=us-pa-regs-official--title-201--Rule 507}

(a) Offices Scheduled by the County Records Committee. Counties of the First Class.

(1) Offices Scheduled by the County Records Committee. Common Pleas Court Prothonotaries, Clerks of Courts, Clerks of Orphans’ Courts, Registers of Wills, District Attorneys, Sheriffs, Coroners, and Jury Commissioners or their Home-Rule equivalents when disposing of records shall do so in conformity with the applicable record retention schedules and the conditions stipulated therein promulgated from time to time by the County Records Committee under the act of August 14, 1963 (P. L. 839, No. 407) (16 P. S. § 13001 et seq.).

(2) Counties of the First Class. Prothonotaries, Clerks of Courts, Clerks of Orphans’ Courts, Registers of Wills, and Jury Commissioners of counties of the first class when disposing of records shall do so in conformity with the record retention schedules and the conditions stipulated therein promulgated from time to time by the County Records Committee for counties of the second through eighth classes under the act of August 14, 1963 (P. L. 839, No. 407) (16 P. S. § 13001 et seq.), as amended.

(b) Offices Scheduled by the Supreme Court. System and related personnel engaged in clerical functions in offices which support the offices covered by general or specific record retention and disposition schedules promulgated from time to time by the Supreme Court when disposing of records shall do so in conformity with the record retention and disposition schedules and the conditions stipulated therein.

(c) Non-scheduled offices. System and related personnel in offices not covered under subdivisions (a) or (b) when disposing of records shall submit to the Administrative Office of Pennsylvania Courts and to the Pennsylvania Historical and Museum Commission duplicate copies of a record disposal certificate form and a written statement explaining the nature and the content of the records. After consultation with the Commission, the Administrative Office may authorize the destruction of such records, either with or without the retention of a permanent copy.

(d) Disposal Certification Requests. Disposal Logs. All requests for disposition of permanent records shall be made on forms adopted from time to time by the Administrative Office of Pennsylvania Courts. No permanent records may be disposed unless authorization is sought, and received, utilizing the appropriate disposal certification request form. All non-permanent records disposed upon expiration of the retention period provided in the applicable record retention and disposition schedules shall be listed on record disposal log forms adopted from time to time by the Administrative Office of Pennsylvania Courts. The record disposal log forms shall be filed with the Administrative Office of Pennsylvania Courts on an annual basis, or as otherwise provided by the Administrative Office of Pennsylvania Courts.

Official Note

The record retention schedules promulgated by the County Records Committee are only applicable to county offices of counties of the second through eighth classes, since the County Records Act, as amended, is only applicable to counties of the second through eighth classes. Accordingly, none of the county offices of the counties of the first class are governed by the County Records Act. Nonetheless, many of the county offices of the counties of the first class which support the Unified Judicial System unofficially utilize the record retention schedules promulgated by the County Records Committee in disposing official records within their control. In order to foster uniformity among these offices, subsection (a)(2) was added, specifically listing the offices within the counties of the first class which must henceforth comply with the record retention schedules promulgated by the County Records Committee.

UNIFIED JUDICIAL SYSTEM SCHEDULED COURT RECORDS DISPOSAL CERTIFICATION REQUEST

[Pursuant to PA RJA 507(b)]

The provisions of this Rule 507 adopted August 1, 1980, effective August 2, 1980, 10 Pa.B. 3164; amended July 19, 1990, effective immediately, 20 Pa.B. 4698; amended November 28, 2001, effective January 14, 2002, 31 Pa.B. 6780. Immediately preceding text appears at serial pages (216457) to (216458) and (256793) to (256794).

History

Source: The provisions of this Rule 503 amended October 10, 1979, effective October 20, 1979, 9 Pa.

201 Pa. Code Rule 509 Access to Financial Records. {#sec-rule-509 omnilex-key=us-pa-regs-official--title-201--Rule 509}

(a) General policy. Financial records of the Unified Judicial System are presumed to be open to any member of the public for inspection or copying during established business hours. The term ‘‘financial records’’ is defined as any account, contract, invoice or equivalent dealing with: 1) the receipt or disbursement of funds appropriated to the system; or 2) acquisition, use or disposal of services, supplies, materials, equipment or property secured through funds appropriated to the system.

(b) Accessibility. All financial records are accessible to the public except the following:

(1) any part of a record setting forth information to which access is otherwise restricted by federal law, state law, court rule, court order or court policy;

(2) any part of a record setting forth a person’s social security number, home address, home telephone number, date of birth, operator’s license number, e-mail address, or other personal information;

(3) any part of a record setting forth the address of a judge’s chambers or office located outside a judicial facility;

(4) any part of a record setting forth financial institution account numbers, credit card numbers, personal identification numbers (PINs) and passwords used to secure accounts;

(5) any part of a record setting forth information presenting a risk to personal security, personal privacy, or the fair, impartial and orderly administration of justice, as determined by the Court Administrator of Pennsylvania.

Note

For purposes of Rule 509(b)(3), a ‘‘judicial facility’’ is a facility, such as a courthouse, that includes a courtroom, hearing room, or other rooms used by the court to conduct trials, hearings, or other public proceedings.

(1) A request to inspect or obtain copies of records accessible pursuant to this rule and in possession or control of the Administrative Office of Pennsylvania Courts shall be made in writing to the records manager, as designated by the Court Administrator of Pennsylvania. A request to inspect or obtain copies of records accessible pursuant to this rule and in possession or control of a court of a judicial district shall be made in writing to the records manager, as designated by the president judge. A written request may be submitted in person, by mail, by e-mail, by facsimile, or, to the extent provided, any other electronic means, on a form provided by the Administrative Office.

Official Note

Information related to procedures applicable to written requests to the AOPC may be found on the UJS website, located at www.pacourts.us. Information related to procedures applicable to requests for courts within a judicial district should be posted on the local court’s website.

(2) A request should identify or describe the records sought with sufficient specificity to enable the records manager to ascertain which records are being requested. A request need not include any explanation of the requester’s reason for requesting or intended use of the records.

(3) The records manager shall not be required to create financial records which do not currently exist or to compile, maintain, format or organize such records in a manner in which the records are not currently compiled, maintained, formatted or organized.

(4) Within 10 business days of receipt of a written request, the records manager shall respond in one of the following manners:

(i) fulfill the request, or if there are applicable fees and costs that must be paid by the requester, notify requester that the information is available upon payment of same;

(ii) notify the requester in writing that the requester has not complied with provisions in this rule and specifically identify the reason(s) why;

(iii) notify the requester in writing that the information cannot be provided and specifically identify the reason(s) why;

(iv) notify the requester in writing that the request has been received and the expected date that the information will be available, not to exceed 30 business days.

Official Note

Subsection (c)(4)(iv) contemplates that bona fide reasons may impede the ability of the records manager to fulfill a request within 10 business days (e.g., extensive redaction required of personal identifiers; retrieval of a record(s) stored in a remote location may be required; timely response cannot be accomplished due to staffing limitations; or the extent or nature of the request precludes a response within the requisite time period).

(5) If the AOPC records manager denies a written request for access, the denial may be appealed in writing within 15 business days of the mailing date of the written response by the records manager to the Court Administrator of Pennsylvania or designee. Within 20 business days of receipt of the appeal, the Court Administrator or designee shall make a determination and forward it in writing to the requester. This remedy need not be exhausted before other relief is sought. Any further appeal shall be subject to Chapter 15, Judicial Review of Governmental Determinations, of the Pennsylvania Rules of Appellate Procedure.

If the records manager of a judicial district denies a written request for access, the denial may be appealed in writing within 15 business days of the mailing date of the written response by the records manager to the president judge or designee. Within 20 business days of receipt of the appeal, the president judge or designee shall make a determination and forward it in writing to the requester. This remedy need not be exhausted before other relief is sought. Any further appeal shall be subject to Chapter 15, Judicial Review of Governmental Determinations, of the Pennsylvania Rules of Appellate Procedure.

(d) Fees.

(1) Reasonable costs incurred in providing public access to records may be charged pursuant to this rule. Such costs may include, but are not limited to, postage, photocopying, copying onto electronic media, transmission by facsimile or other electronic means, and other means of duplication.

(2) Prior to granting a request for access in accordance with this rule, the records manager may require a requester to prepay an estimate of the fees associated with the request, if the fees are expected to exceed $100.

(e) Publication of Financial Record Information.

(1) The Administrative Office shall make contract information available on the Unified Judicial System’s website.

(2) For the appellate courts and Administrative Office, the Unified Judicial System’s website shall also contain:

(i) appropriation names, descriptions and annual funding amounts;

(ii) expenditure data, including name and address of entity receiving payment, payment amount, applicable appropriation and fiscal year;

(iii) employee complement information, including position title and current annual salary, posted on a monthly basis; and

(iv) a listing of position titles and total annual compensation paid as of the end of the prior calendar year for each employee, posted on a yearly basis.

Official Note

The Pennsylvania Judiciary’s long-standing practice of providing open, public access to its records, both administrative and case-related, has been formalized in this rule and other policies adopted by the Supreme Court. The underlying premise for public access policies and practices in the Unified Judicial System is always the presumption of open records.

Initially promulgated by the Supreme Court on May 14, 2007, this rule furthers the Judiciary’s commitment to establishing systematic processes for requesting and accessing state court system records. The rule took effect July 1, 2007.

The enactment of revisions to the Right-to-Know Law (Act 3 of 2008) occurred on February 14, 2008. Act 3 includes the judiciary only as it pertains to access of financial records, as defined by the Act, and regarding the Internet publication of judiciary contracts by the Commonwealth’s Treasury Department. Section 304 of Act 3 of 2008 provides that a ‘‘judicial agency shall provide financial records in accordance with this act or any rule or order of court providing equal or greater access to the records.’’ [Emphasis added.]

This rule, as amended, is promulgated pursuant to the Pennsylvania Supreme Court’s constitutional authority regarding the administration of the courts under Article V, Section 10 and Section 304 of Act 3 of 2008. The expansion of the scope of this rule is in accordance with the continuing effort to promote the Unified Judicial System’s policy of the public’s right of access to records that deal with the use of public funds.

Pursuant to the Supreme Court’s Order of June 23, 2008, access to financial records and publication of contract information of the Unified Judicial System shall be provided in accordance with this rule.

Effective on December 17, 2012, the Supreme Court directed the Administrative Office to augment the Unified Judicial System’s website to include annual appropriation, expenditure, personnel complement and annual compensation information for the appellate courts and Administrative Office of Pennsylvania Courts, pursuant to its Order of November 8, 2012. The term ‘‘entity’’ shall not include employees of the Unified Judicial System.

The provisions of this Rule 509 adopted May 14, 2007, effective July 1, 2007, 37 Pa.B. 2491; amended June 23, 2008, effective January 1, 2009, 38 Pa.B. 3613; amended July 16, 2012, effective immediately, 42 Pa.B. 4907; amended November 8, 2012, effective December 17, 2012, 42 Pa.B. 7246; amended June 4, 2024, effective immediately, 54 Pa.B. 3315. Immediately preceding text appears at serial pages (364555) to (364556) and (393937) to (393938).

History

Source: The provisions of this Rule 503 amended October 10, 1979, effective October 20, 1979, 9 Pa.

201 Pa. Code Rule 510 Guardianship Tracking System. {#sec-rule-510 omnilex-key=us-pa-regs-official--title-201--Rule 510}

(a) Definitions. The words and phrases used in this rule shall have the following meanings: Clerk—The Clerk of the Orphans’ Court. The System—The Guardianship Tracking System, or GTS, developed and administered by the Administrative Office as the electronic filing system to be used for filing reports and inventories required for guardianships of the person and guardianships of the estate, and for tracking data related to all statewide guardianship cases of adult incapacitated persons.

(b) Participation and fees. The System is the exclusive method for electronically filing required reports and inventories for guardianships of the person, and for guardianships of the estate, and for tracking data related to statewide guardianship cases of adult incapacitated persons. Court-appointed guardians may file reports and inventories in either an electronic format or a physical paper format. Guardians who elect to file in an electronic format shall use the System to file reports and inventories with the Clerk of the court where the matter was adjudicated.

(1) In order to participate in the System, a court-appointed guardian shall establish a UJS web portal account at http://ujsportal.pacourts.us and register for access by procedures established by the Administrative Office.

(2) After access to the System is obtained, the guardian bears the responsibility for all actions associated with the guardian’s user account.

(3) Establishment of an account by a guardian shall constitute consent to participate in electronic filing, including acceptance of electronic notices sent through the System. Use of the System by a guardian shall constitute certification that the submission is authorized.

(4) Any applicable filing fees, as required by statute, court rule or order, shall be paid electronically through the System at the time of submitting a filing. In addition to any applicable filing fees, an online payment convenience fee for use of the System may be imposed.

(1) When a report or inventory is filed electronically, the filing shall be submitted to the System at the UJS web portal at http://ujsportal.pacourts.us, in accordance with this rule and any filing instructions as may otherwise be provided at the web portal site.

(2) Electronic filing may be submitted at any time (with the exception of times of periodic maintenance). The electronic filing must be completed by 11:59:59 p.m. EST/EDT to be considered filed on that day.

(3) The guardian shall be responsible for any delay, disruption, and interruption of the electronic signals, except when caused by the failure of the System’s website.

(4) The date and time on which the filing was submitted to the System shall be recorded by the System. The System shall provide an electronic notification to the guardian when the filing has been submitted.

(5) The date and time on which the filing was accepted by the Clerk shall also be recorded by the System. The System shall provide an electronic notification to the guardian when the filing has been accepted by the Clerk.

(6) The submission and acceptance of an electronic filing shall satisfy the reporting requirements of Pa. O.C. Rule 14.8. An electronic filing shall be considered filed with the Clerk upon the date and time of the filer’s electronic submission, if the Clerk determines the requirements for filing are met. If the Clerk determines the requirements for filing are not met, the Clerk may take any action as permitted by law, including, but not limited to, returning the submission for correction.

(7) Each Clerk shall determine whether physical paper copies, or electronic PDF/A copies of electronically filed reports and inventories must be maintained in order to comply with applicable record retention schedules. Consult the County Records Manual and Rule 507(a) for further information.

(8) When a report or inventory is submitted in a physical paper format, the Clerk shall ensure the information contained within the report or inventory is manually entered into the System in order to ensure maximum data collection.

(d) Signature.

(1) The electronic signature of the guardian, as required on the reports and inventories, shall be in the following form: /s/ Chris L. Smith.

(2) The use of an electronic signature on electronically filed reports and inventories shall constitute the guardian’s acknowledgement of, and agreement with, the verification statements contained therein.

(e) Notice of filing. Effective June 1, 2019, if required by Pa. O.C. Rule 14.8(b), the guardian shall be responsible for serving a notice of filing within ten days after filing a report. Service shall be in accordance with Pa. O.C. Rule 4.3.

Official Note

The Guardianship Tracking System (GTS) will provide all court-appointed guardians of adult incapacitated persons the convenience of filing inventories and annual reports online. Use of the System will alleviate the need for traditional paper filings. The System will also assist the Unified Judicial System with tracking and monitoring of statewide practices related to guardianship cases, as was recommended by the Supreme Court’s Elder Law Task Force, and the Advisory Council on Elder Justice in the Courts. The applicable rules of court continue to apply to all filings in guardianship cases.

The provisions of this Rule 510 adopted August 31, 2018, effective immediately, 48 Pa.B. 5714.

History

Source: The provisions of this Rule 503 amended October 10, 1979, effective October 20, 1979, 9 Pa.

Chapter 6 MAGISTERIAL DISTRICT JUDGES

201 Pa. Code Rule 601 Certification requirements of interested persons. {#sec-rule-601 omnilex-key=us-pa-regs-official--title-201--Rule 601}

(a) Magisterial district judges and arraignment court magistrates who are not members of the bar of this Commonwealth must complete a course of training and instruction in the duties of their respective offices and pass an examination and be certified by the Administrative Office of Pennsylvania Courts prior to assuming office.

(b)(1) Any interested individual may apply to the Minor Judiciary Education Board to be enrolled in the course of training and instruction and take the examination to be certified.

(2) Any individual who has successfully completed the course of training and instruction and passed the examination, but who has not served as a magisterial district judge or arraignment court magistrate shall be certified for only a twenty-five-month period, and must complete the continuing education course every year in order to maintain his or her certification.

(c) Any individual certified under paragraph (b) who has not served as a magisterial district judge or arraignment court magistrate within twenty-five months will be required to take a review course as defined by the Minor Judiciary Education Board and pass an examination in order to maintain his or her certification by the Administrative Office of Pennsylvania Courts.

Official Note

The text of this rule is taken from Rule 19 of the Rules Governing Standards of Conduct of Magisterial District Judges, rescinded March 26, 2015, effective immediately. Rule 19 limits to twenty-five months the period of certification for individuals who have successfully completed the certification course and examination but have not served as judges or arraignment court magistrates. The rule permits individuals who are certified to serve as judges or arraignment court magistrates but who have not done so within twenty-five months of certification to take a review course and pass an examination to maintain their certification for an additional twenty-five-month period. Admission to the review course and recertification examination under paragraph (c) may be limited by the availability of space. In addition, the rule requires that all certified individuals must attend the annual continuing education course to maintain certification.

The provisions of this Rule 601 amended October 4, 2016, effective in 30 days, 46 Pa.B. 6610; amended May 7, 2021, effective immediately, 51 Pa.B. 2769. Immediately preceding text appears at serial pages (384431) to (384432).

History

Source: The provisions of this Chapter 6 adopted March 26, 2015, effective immediately, 45 Pa.

201 Pa. Code Rule 602 Continuing education requirement. {#sec-rule-602 omnilex-key=us-pa-regs-official--title-201--Rule 602}

(a) Every magisterial district judge shall complete a continuing education program each year equivalent to not less than 32 hours per year in such courses or programs as are approved by the Minor Judiciary Education Board. If a magisterial district judge fails to meet these continuing education requirements, the judge shall be subject to suspension by the Supreme Court until such time as evidence of compliance with such requirements is submitted by the Board, but in no event longer than six months at which time the failure to meet the continuing education requirements shall be grounds for the Supreme Court, after a hearing, to declare a vacancy in that district.

(b) The Minor Judiciary Education Board shall conduct at least one continuing education practicum course, consisting of not less than thirty-two hours, which each magisterial district judge, or senior magisterial district judge, whether law trained or non-law trained, within twelve months of first assuming office, shall be required to attend. The Board shall approve the length of the program and the course of instruction. Practicum exercises will be a part of the course of instruction. Senior magisterial district judges may petition the Board for a waiver of this requirement.

(c) No judge who is suspended by Order of the Supreme Court of Pennsylvania or the Court of Judicial Discipline shall be permitted to attend any continuing education course or program approved by the Minor Judiciary Education Board during the term of suspension. Notwithstanding the attendance requirements set forth in paragraph (a), the judge shall be provided the opportunity to make up any required hours of continuing education once the period of suspension has expired and an Order has been issued returning the judge to active status.

(d) Paragraph (c) shall not apply to any judge suspended for failure to complete the program described in paragraph (a).

Official Note

The text of this rule is taken, in part, from Rule 20 of the Rules Governing Standards of Conduct of Magisterial District Judges, rescinded March 26, 2015, effective immediately.

History

Source: The provisions of this Chapter 6 adopted March 26, 2015, effective immediately, 45 Pa.

201 Pa. Code Rule 603 Continuing education requirement: senior magisterial district judges. {#sec-rule-603 omnilex-key=us-pa-regs-official--title-201--Rule 603}

(a) Any magisterial district judge who has been certified by the Administrative Office of Pennsylvania Courts as eligible to serve as a senior magisterial dis-trict judge shall be admitted to the continuing education program sponsored by the Minor Judiciary Education Board every year as required by Rule 602.

(b) In the event the Court Administrator of Pennsylvania notifies the Minor Judiciary Education Board that a senior magisterial district judge has not accepted an assignment for a continuous period of two years, the Minor Judiciary Education Board may refuse to enroll the senior magisterial district judge in the continuing education program.

Official Note

With regard to certification of senior judges, see Pa.R.J.A. No. 701.

The text of this rule is taken from Rule 21 of the Rules Governing Standards of Conduct for Magisterial District Judges, rescinded March 26, 2015, effective immediately.

History

Source: The provisions of this Chapter 6 adopted March 26, 2015, effective immediately, 45 Pa.

201 Pa. Code Rule 604 [Rescinded]. {#sec-rule-604 omnilex-key=us-pa-regs-official--title-201--Rule 604}

Official Note

Act 17 of 2013 effectively abolished the Traffic Court of Philadelphia and transferred most of its duties to a new Traffic Division of the Philadelphia Municipal Court. See 42 Pa.C.S. § 1121. This Rule expired on January 1, 2018, when the terms ended for the remaining judges elected to the Traffic Court of Philadelphia and assigned to the Philadelphia Municipal Court Traffic Division.

The provisions of this Rule 604 rescinded May 7, 2021, effective immediately, 51 Pa.B. 2769. Immediately preceding text appears at serial pages (376691) to (376692).

History

Source: The provisions of this Chapter 6 adopted March 26, 2015, effective immediately, 45 Pa.

201 Pa. Code Rule 605 Supervision of Magisterial District Courts by President Judges. {#sec-rule-605 omnilex-key=us-pa-regs-official--title-201--Rule 605}

In the interest of efficient administration of the judicial district, the president judge of the court of common pleas of a judicial district shall exercise general supervision and administrative authority over magisterial district courts within the judicial district. The administrative authority of the president judge over magisterial district courts within the judicial district includes, but is not limited to, and shall be governed by, the following:

(A) Administration of District Courts.

(1) Records—Personnel and other records shall be maintained in such form as directed by the president judge or required by general or local rule.

(2) Staff in the Magisterial District Courts—

(a) The president judge, in the interest of efficient administration of the judicial district:

(i) retains the final authority to hire, supervise, and fire staff in the magisterial district courts in the judicial district. In accordance with such authority, the president judge may establish minimum qualifications, a classification system and job description for all authorized staff, and general procedures regarding the hiring, firing, supervision, and discipline of all authorized staff;

(ii) may transfer or reassign staff members from one court to another. Ordinarily, such transfer or reassignment should occur only after consultation with the magisterial district judges involved. Absent extraordinary circumstances, the president judge may transfer or reassign personal staff only with the consent of the magisterial district judge;

(iii) may assign, as appropriate, temporary or floater staff;

(iv) may establish performance evaluations and procedures for staff, including personal staff, in the magisterial district courts in the judicial district which shall be utilized by the magisterial district judges; and

(v) may prescribe training for staff in the magisterial district courts in the judicial district.

(b) The magisterial district judge, subject to the provisions set forth above and in the interest of the efficient administration of the judicial district:

(i) may select one authorized staff member as personal staff and assign the duties of the personal staff;

(ii) shall have general day-to-day supervisory authority, in coordination with county court administration and the court’s human resources designee, over the staff in his or her court, and ordinarily shall participate in the selection, hiring, disciplining and firing of court staff;

(iii) shall be responsible for the daily operation of his or her court in accordance with the Rules Governing Standards of Conduct of Magisterial District Judges and any state or local rules or administrative orders; and

(iv) shall be responsible for the assignment of work in accordance with job descriptions among authorized staff in his or her court.

(3) Office Hours—The president judge may designate the hours that the magisterial district courts shall be open for official business in the judicial district. The approved office hours shall be posted in a conspicuous place on the premises in which the office is located and posted on the judicial district’s website.

(4) Procedural Audits—The president judge may direct that procedural audits of a magisterial district court be conducted to assure compliance with general and local rules, administrative policies and procedures, and the clerical procedures adopted by the Administrative Office for management of cases in the Magisterial District Judge System. Such procedural audits shall be separate from the fiscal audits conducted by the county controller or state Auditor General, which shall be limited in scope to the accounts of the magisterial district judge. Such procedural audits may be conducted by the district court administrator, an outside independent auditor, or such other person as the president judge may designate.

(5) Temporary Assignments: Transfer of Cases—In consultation with the affected magisterial district judge(s), the president judge may order temporary assignments of magisterial district judges or reassignment of cases or certain classes of cases to other magisterial districts within the judicial district or central courts within the judicial district.

(B) Supervision of Magisterial District Judges.

(1) Meetings with Magisterial District Judges—The president judge may require the attendance of magisterial district judges in the judicial district, individually or collectively, at meetings with the president judge or his or her representative.

(2) Magisterial District Judge Leave: Coverage During Leave—To ensure access to the courts and the efficient use of judicial resources, the president judge may establish a policy in the judicial district that requires magisterial district judges to provide reasonable advance notice of their leave, except when leave must be taken due to exigent circumstances, in which case, magisterial district judges shall notify the president judge, or designee as promptly as possible. Subject to reasonable coordination with the president judge and any policy promulgated by the president judge, and with regard to the schedules of the other magisterial district judges in the judicial district, magisterial district judges shall enjoy autonomy with respect to choosing when to take leave.

(3) Conduct of Magisterial District Judges—When a complaint is received with respect to the conduct of a magisterial district judge, the president judge may, in his or her discretion, review the matter with the affected magisterial district judge and take any action the president judge deems appropriate to ensure the efficient administration of justice, including, where warranted, informing the appropriate disciplinary authority. Contemporaneous notice of any such action taken by the president judge resulting in reassignment of cases or otherwise affecting the duties of the magisterial district judge shall be given to the Court Administrator.

Official Note

The substance of this rule was taken from Rule 17 of the Rules Governing Standards of Conduct of Magisterial District Judges, rescinded March 26, 2015.

The Pennsylvania Constitution vests the Supreme Court with supervisory and administrative authority of the Unified Judicial System, including the power to prescribe general rules governing the practice, procedure, conduct, and administration of all courts, as well as the supervision of all officers of the Judicial Branch. Through this rule, the Supreme Court delegates general supervision and administrative authority over the magisterial district courts in a judicial district to the president judge. While the president judge, as in other matters, may delegate certain tasks to colleagues or administrators, the ultimate responsibility rests with the president judge.

This rule recognizes that magisterial district judges are the judicial officials charged with the legal and administrative responsibilities within their respective magisterial districts. Designed to further the efficient and effective administration of justice in the Unified Judicial System, this rule contemplates a cooperative approach to the administration of the magisterial district courts, acknowledging the supervisory role of the president judges to administer the magisterial district judge courts within their judicial district. See Canon 2, Rule 2.5 of the Rules Governing Standards of Conduct of Magisterial District Judges (requiring a magisterial district judge to cooperate with other magisterial district judges and court officials in the administration of court business).

Rule 605 was amended in 2021 to more specifically outline the authority, powers, and responsibilities of the president judge with regard to the management of the magisterial district courts. In so doing, however, it was not intended that this be an exclusive list of powers and responsibilities. Given the diverse needs of judicial districts throughout Pennsylvania, how president judges exercise this authority appropriately will vary. In general, president judges have broad authority with regard to the management of the magisterial district courts.

The term ‘‘authorized staff’’ as used in this rule means staff positions that have been approved and assigned by the president judge in accordance with all applicable personnel policies and procedures.

Paragraph (A)(2)(a)(i) gives president judges final authority to hire, supervise, and fire staff in the magisterial district courts in the judicial district. Consistent with the contemplated cooperative approach to the administration of the magisterial district courts, president judges should endeavor to involve the affected magisterial district judges in the relevant decisions, subject to the requirements of the remainder of paragraph (A)(2).

Paragraph (A)(2)(a)(ii) gives president judges authority to transfer or reassign magisterial district court staff as needed. It is contemplated that president judges will consult with and give sufficient notice to the affected magisterial district judges before making any staff transfers. However, extraordinary circumstances at times may require a president judge to exercise his or her authority to transfer or reassign magisterial district court staff, including personal staff, without consultation with the magisterial district judge. For example, the president judge is responsible for ensuring compliance with the Unified Judicial System’s Policy on Non-Discrimination and Equal Employment Opportunity and the Code of Conduct for Employees of the Unified Judicial System and may need to enforce these Unified Judicial System policies without consulting the magisterial district judge.

Nothing in paragraph (A)(2)(a)(v) is intended to circumvent any training program established or required by the Supreme Court or the Court Administrator.

With regard to paragraphs (A)(2)(b)(i), (ii) and (iv), see 42 Pa.C.S. § § 102 and 2301(a)(1), and Canon 2, Rules 2.3(B), 2.8(B), 2.9(A)(3) and (D), 2.10(C), 2.12 and 2.13, of the Rules Governing Standards of Conduct of Magisterial District Judges, relating to the performance of duties of judicial office impartially, competently, and diligently and requiring similar conduct of court staff.

With regard to paragraph (A)(3), see Canon 2, Rule 2.1 of the Rules Governing Standards of Conduct of Magisterial District Judges (Giving Precedence to the Duties of Judicial Office). The provisions of former Pa.R.M.D.J. 103 (Office Schedules) were incorporated into paragraph (A)(3).

As to paragraph (A)(4), see Canon 2, Rule 2.5 of the Rules Governing Standards of Conduct of Magisterial District Judges (Competence, Diligence and Cooperation). The magisterial district judge in any district being audited will cooperate fully and will instruct his or her staff to do likewise.

As to paragraph (A)(5), compare Pa.R.Crim.P. 131(B), relating to central locations for preliminary hearings and summary trials. In addition, if the judicial district is part of a regional administrative unit, magisterial district judges may be assigned to any other judicial district in the unit. See Pa.R.M.D.J. 112 and Pa.R.J.A. No. 701(E).

With regard to paragraph (B)(1), president judges are encouraged to meet regularly with the magisterial district judges in the judicial district to foster and maintain open lines of communication regarding the management of the magisterial district courts.

With regard to paragraph (B)(2), see Canon 2, Rules 2.1 and 2.5 (Giving Precedence to Duties of Judicial Office; Competence, Diligence and Cooperation), and Canon 3, Rules 3.1(A), 3.7(A)-(B), 3.8, 3.10, and 3.11(C), of the Rules Governing Standards of Conduct of Magisterial District Judges, relating to conducting personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.

Nothing in paragraph (B)(3) is intended to contradict or circumvent the constitutionally established process for the suspension, removal, and discipline of magisterial district judges. See Pa. Const. art. V, § 18; see also 207 Pa. Code Part III (Judicial Conduct Board Rules of Procedure) and Part IV (Court of Judicial Discipline Rules of Procedure). Except as provided by law or rule, president judges do not have the authority to suspend or discipline magisterial district judges.

The provisions of this Rule 605 amended April 14, 2021, effective immediately, 51 Pa.B. 2261. Immediately preceding text appears at serial pages (376692) to (376694).

History

Source: The provisions of this Chapter 6 adopted March 26, 2015, effective immediately, 45 Pa.

201 Pa. Code Rule 606 Transfer of dockets and other papers. {#sec-rule-606 omnilex-key=us-pa-regs-official--title-201--Rule 606}

(a) Upon the expiration of his or her term of office, the effective date of his or her resignation or removal from office, or upon his or her abandonment of the office or its duties, a magisterial district judge shall deliver all dockets and other official or like papers to the magisterial office established for the magisterial district in which the former or inactive magisterial district judge maintained his or her residence.

(b) If a magisterial district judge dies in office, his or her personal representatives shall make any delivery required under paragraph (a) of this rule.

Official Note

The text of this rule is derived from Rule 16 of the Rules Governing Standards of Conduct of Magisterial District Judges, rescinded March 26, 2015, effective immediately.

History

Source: The provisions of this Chapter 6 adopted March 26, 2015, effective immediately, 45 Pa.

201 Pa. Code Rule 607 Acts of assembly suspended. {#sec-rule-607 omnilex-key=us-pa-regs-official--title-201--Rule 607}

All Acts of Assembly or parts thereof inconsistent with Rules 601 through 606 of the Rules of Judicial Administration are suspended to the extent of such inconsistency.

Official Note

The text of this rule is derived from Rule 81 of the Rules Governing Standards of Conduct of Magisterial District Judges, rescinded March 26, 2015, effective immediately.

History

Source: The provisions of this Chapter 6 adopted March 26, 2015, effective immediately, 45 Pa.

Chapter 7 ASSIGNMENT OF JUDGES

201 Pa. Code Rule 701 Assignment of judges to courts. {#sec-rule-701 omnilex-key=us-pa-regs-official--title-201--Rule 701}

(A) Conditions Applicable for the Certification of Senior Magisterial District Judges, Judges or Justices.

(1) To be eligible for senior certification, a magisterial district judge, judge or justice:

(a) shall have served as a magisterial district judge, judge or justice, whether or not continuously or on the same court, by election or appointment for an aggregate period equaling ten years;

(b) shall not have been defeated for reelection or retention; and

(c) shall be at least sixty-five years of age on the date on which he or she begins senior service, or have a combination of years of judicial service plus age that totals at least seventy for magisterial district judges or at least eighty for judges and justices. However, this subsection (c) shall not apply to those serving in senior status as of the effective date of this rule.

(2) In addition to paragraph (1), any duly elected magisterial district judge, judge or justice, having an aggregate of five years of judicial service, who is required to retire due to mandatory retirement age, shall be eligible for certification.

(3) Judges seeking senior status must apply for such status immediately upon retirement. Thereafter, requests for senior status shall be granted only upon application to and approval by the Supreme Court, which approval will be granted only upon a showing of compelling and exceptional circumstances.

Official Note

As a matter of state law passed to conform with federal law, judges who otherwise qualify for senior service but retire before age 62 cannot serve as senior judges and simultaneously receive their state pension until they have reached age 62 or have been an annuitant (retiree) for one year, whichever is earlier. See 71 Pa.C.S. 5706(a)(1), (2) & (a.4). Such judges must choose between (1) receiving their pension but delaying senior service (accepting judicial assignments) until they reach one of those thresholds, or (2) delaying receipt of their pension (and associated retiree medical benefits) while serving as a senior judge (accepting assignments) during that period. Judges who retire before age 62 and who seek senior status must apply immediately upon retirement but may request to delay service. Delaying service will not affect the applicability of the relevant code of judicial conduct, including but not limited to those provisions regulating personal and extrajudicial activity, see Pa. Code of Jud. Conduct (Canon 3); Pa. Rules Governing Standards of Conduct of Magisterial District Judges (Canon 3), and political activity, see Pa. Code of Jud. Conduct (Canon 4); Pa. Rules Governing Standards of Conduct of Magisterial District Judges (Canon 4).

(4) Senior status shall end on the last day of the calendar year in which a magisterial district judge, judge or justice attains age 80.

(5) For certification of senior status, a magisterial district judge, judge or justice shall verify such additional information as required by the application for certification forms authorized under paragraph (B) below.

(6) A magisterial district judge, judge or justice may only be certified for senior status for a maximum of ten years, absent extraordinary circumstances, as determined by the Chief Justice.

(7) Certification of a magisterial district judge, judge or justice for senior status shall be subject to the pleasure of the Supreme Court. The Supreme Court at any time, in the exercise of its sole discretion, may rescind or revoke a senior certification.

Official Note

Paragraph (7) was added in 2016 to clarify that certification of senior status is (and always has been) a matter that is subject to the pleasure of the Supreme Court.

(B) Certification of Senior Magisterial District Judges, Judges and Justices. The Administrative Office shall promulgate application forms, as approved by the Supreme Court, for certification of senior magisterial district judges, judges and justices. A former or retired magisterial district judge, judge or justice who requests assignment to temporary judicial service shall file the application for certification form with the Administrative Office, and, upon approval, shall be eligible for judicial assignment. Failure to comply with the provisions contained in the application form may result in the immediate revocation of senior certification.

(1) Request for Assignment. Whenever a president judge deems additional judicial assistance necessary for the prompt and proper disposition of court business, he or his proxy shall transmit a formal request for judicial assistance to the Administrative Office. The request may be made in writing or it may be transmitted electronically. An electronic request for judicial assistance shall be accomplished through a secure program developed by the Administrative Office for this purpose.

(2) Recommendation by the Court Administrator of Pennsylvania and Action by Chief Justice. Upon the recommendation of the Court Administrator, the Chief Justice may, by order, assign any retired, former, or active magisterial district judge, judge or justice to temporary judicial service on any court to fulfill a request by a president judge, or to reduce case inventories, or to serve the interest of justice. The order entered by the Chief Justice may be electronically transmitted to the Administrative Office of Pennsylvania Courts for processing. Orders entered pursuant to this chapter may be transmitted by the Administrative Office to the Supreme Court prothonotary in hard copy or electronically. Electronically transmitted orders shall be docketed by the Supreme Court prothonotary in the same manner as hard copy orders. Electronically transmitted orders need not be printed by the Supreme Court prothonotary unless a request for public review is made.

(3) Duration of Assignment. Unless otherwise provided in the order of assignment, the order shall continue in effect after its stated expiration date until unfinished business pending before the assigned judge is completed.

(4) Certification of Service. The president judge of a district to which a magisterial district judge or judge has been temporarily assigned under this rule shall certify to the Administrative Office, on a certificate completed and signed by the assigned magisterial district judge or judge, the number of days of temporary judicial service and the amount of any compensation to which the assigned judge is entitled.

(5) Expenses of Assigned Judges. All judges assigned to duties outside of their judicial districts may, in addition to any per diem payment authorized by law, be reimbursed with the approval of the Court Administrator for necessary expenses, including hotel accommodations and meals, incident to such duties.

(6) Restrictions on Temporary Assignments. No judge shall be assigned under this rule to any court while any judge thereof is assigned to another court under this rule, except when required to take the place of a judge who is recused or disqualified, or is otherwise unavailable, or under other appropriate circumstances.

(7) Temporary Judicial Assignments to the Supreme Court. Requests for temporary judicial assistance to the Supreme Court shall be governed by Section 13 of the Supreme Court’s Internal Operating Procedures, as amended from time to time.

Official Note

The subject matter of former paragraph (7) (relating to ceremonial functions) is now governed by 23 Pa.C.S. § 1503(a)(2) (relating to persons qualified to solemnize marriages) (as amended by the Act of July 14, 2009 (P.L. 81, No. 18)) and 42 Pa.C.S. § 327 (relating to oaths and acknowledgments) (as amended by the Act of June 30, 2012 (P.L. 666, No. 79)).

(D) Judicial Assignment Records. The Administrative Office shall maintain records of certification applications and assignments to temporary judicial service.

(E) Regional Administrative Units.

(1) Judicial districts through their president judges may petition the Supreme Court for approval to combine with other districts to form regional administrative units that provide for the assignment of magisterial district judges and judges to any other judicial district in the unit. Upon annual approval by the Supreme Court, magisterial district judges and judges, when so assigned, shall exercise the same power and authority as vested in a magisterial district judge or judge of that judicial district.

(2) In cases where a judge has disqualified him or herself for any of the reasons specified in Rule 2.11 of the Code of Judicial Conduct or Rule 2.11 of the Rules Governing Standards of Conduct of Magisterial District Judges, the assignment of another judge to the case shall be made through the Administrative Office. In other instances of recusal, the assignment may be made through the Regional Unit, but in no case shall a recusing judge select his or her replacement.

(3) Each regional unit shall file with the Administrative Office a quarterly report of all assignments that occurred within the unit for that period.

(F) Suitable Facilities and Staffing for Senior Common Pleas Judges. Suitable facilities and adequate staff are to be provided for senior judges, the parameters of which are to be determined and promulgated by the Administrative Office.

Directive: In accordance with Rule of Judicial Administration 701(F), the Administrative Office of Pennsylvania Courts promulgates this directive establishing minimum standards for suitable facilities and adequate staff for the senior judges of the courts of common pleas. The president judge of a judicial district, in consultation with the Court Administrator of Pennsylvania as needs may require, shall provide from available resources for each senior judge formerly of the judicial district who is regularly or periodically assigned in that district and for each visiting senior judge the following facilities and staff for matters arising under the appointment:

(1) the use of judicial chambers which shall be of adequate size and appropriately furnished, afford a measure of privacy, and include office equipment and supplies as are necessary to conduct judicial business;

(2) services of a law clerk who shall provide customary assistance including legal research and drafting of legal documents; and

(3) services of a secretary who shall provide customary assistance including typing correspondence, orders and opinions, answering phone calls and taking messages, receiving and sending mail and deliveries.

Supreme Court Rule 79 adopted effective Oct. 10, 1966; renumbered Rule 701 March 15, 1972; amended effective Feb. 20, 1975; June 10, 1975; Oct. 5, 1977, amended June 26, 1980, effective Aug. 2, 1980, amended effective April 29, 1998; Dec. 8, 1998, effective Jan. 1, 1999; amended April 18, 2002, effective January 6, 2003.

The provisions of this Rule 701 adopted and effective October 10, 1966; renumbered from Supreme Court Rule 79 by Order dated March 15, 1972; amended and effective Feb. 20, 1975; amended October 5, 1977, effective October 5, 1977, 7 Pa.B. 3056; amended August 1, 1980, effective August 2, 1980, 10 Pa.B. 3164; amended April 29, 1998, effective immediately, 28 Pa.B. 2283; amended December 8, 1998, effective January 1, 1999, 28 Pa.B. 6290; amended May 28, 1999, effective May 29, 1999, 29 Pa.B. 2766; amended April 18, 2002, effective January 6, 2003, 32 Pa.B. 2196; amended January 10, 2003, effective immediately 33 Pa.B. 634; amended November 20, 2007, effective immediately, 37 Pa.B. 6385; amended December 27, 2007, effective January 1, 2008, 38 Pa.B. 220; amended December 17, 2009, effective Janaury 1, 2010, 40 Pa.B. 19; amended June 10, 2013, effective immediately, 43 Pa.B. 3327; amended March 17, 2016, effective immediately, 46 Pa.B. 1781; amended January 12, 2018, effective immediately, 48 Pa.B. 595; amended June 18, 2019, effective immediately, 49 Pa.B. 3469; amended May 23, 2019, effective January 6, 2020, 49 Pa.B. 2911; amended April 1, 2020, effective immediately, 50 Pa.B. 2012; amended June 23, 2026, effective immediately, 56 Pa.B. 3853. Immediately preceding text appears at serial pages (398991) to (398992) and (401401) to (401402).

History

Source: The provisions of this Rule 701 adopted and effective October 10, 1966; renumbered from Supreme Court Rule 79 by Order dated March 15, 1972; amended and effective Feb.

201 Pa. Code Rule 702 Divisional assignments of judges. {#sec-rule-702 omnilex-key=us-pa-regs-official--title-201--Rule 702}

Each judge appointed or elected to fill a vacancy in a court of common pleas having more than two divisions shall be initially assigned by the president judge of the court to be a member of a division of the court. Unless previously approved by the Supreme Court, such assignment shall be temporary only until such approval has been received.
The president judge of a court of common pleas which consists of more than two divisions may make temporary assignments of judges from one division to another division of the court when required in order to expedite the business of the court. He shall not make any permanent re-assignment of a judge from one division to another division without the approval of the Supreme Court.
For the purpose of transacting the business of a division for which a vote may be required, only those judges who have been permanently assigned to a division shall have the right to vote. A judge who is temporarily assigned to a division other than the division to which he is permanently assigned shall be entitled to vote only in the latter division.
Where approval of the Supreme Court is required under this rule, it shall be requested by a petition by the president judge of the court of common pleas. Such request may be made prior to or subsequent to the making of an initial assignment or a re-assignment. If made after assignment or re-assignment, the petition shall be filed with the prothonotary within ten (10) days from the date thereof. Such petition shall state the reasons the assignment or re-assignment is deemed necessary and proper in the interest of the effective administration of the business of the court. The Supreme Court on its own motion may make divisional assignments of judges as it deems appropriate.
In courts of common pleas where the only division is an orphans’ court division, the judge or judges not assigned to that division shall for purposes of this rule be considered as constituting a separate division.

The provisions of this Rule 702 adopted November 10, 1970, effective November 10, 1970; renumbered from Supreme Court Rule 82 by Order dated March 15, 1972; amended May 9, 1990, effective immediately, 20 Pa.B. 2893; amended November 6, 1998, effective immediately, 28 Pa.B. 5849. Immediately preceding text appears at serial pages (52102) to (243876) and (225783).

History

Source: The provisions of this Rule 701 adopted and effective October 10, 1966; renumbered from Supreme Court Rule 79 by Order dated March 15, 1972; amended and effective Feb.

201 Pa. Code Rule 703 Reports of judges. {#sec-rule-703 omnilex-key=us-pa-regs-official--title-201--Rule 703}

(A) Policy Statement.

It is the policy of the unified judicial system that any matter at any stage of a proceeding be brought to a fair conclusion as promptly as possible, consistent with the character of the matter and the resources of the system. The requirements of this rule further specify and implement this policy in keeping with the Court’s constitutionally mandated responsibility to oversee the prompt and proper disposition of the business of the Pennsylvania courts.

(B) General Rule.

(1) Every judge shall keep a record of each matter that has been submitted to the judge for decision and which remains undecided.

(2) Every judge shall compile a semi-annual report stating whether the judge has any matter that has been submitted to the judge for decision and remains undecided for ninety days or more as of the last day of the reporting period. Each report shall include matters listed on prior reports which remain undecided.

(a) Decision includes the grant or denial of a pretrial, post-trial, or post-sentence motion or petition, non-jury verdict or decision, entry of an order or judgment, imposition of a sentence, or the filing of an opinion. A matter is submitted for decision even though briefs, transcripts, or reports have been ordered but have not yet been filed.

(b) Judge means a judge of a court of common pleas or a judge of the Philadelphia Municipal Court, active or senior, commissioned six months or longer.

(3) If there are no matters submitted to the judge which remain undecided for ninety days or more, the report shall so state.

Official Note: Under this rule, judges must take inventory of matters in chambers, evaluate their status, and determine the steps needed for timely disposition. Judges must also take an active role in ensuring the timely preparation of documents, such as notes of testimony or psychiatric reports.

(1) The report shall be prepared on a form supplied by the Administrative Office of Pennsylvania Courts or generated by the computer system of the judge’s court in the same format as the form supplied by the Administrative Office.

(2) The report shall be signed by the judge.

(3) For each matter which remains undecided ninety days or more, the report shall state:

(a) the type, caption, and number of the case;

(b) the nature of the matter;

(d) the specific reason(s) for the delay; and

(e) the specific steps taken to remedy the delay.

Official Note: Specific reasons for a delay might be the filing of additional briefs, a change in the representation of the parties, ongoing settlement negotiations at the request of the parties.

(D) Filing.

(1) The report covering the preceding period of July 1 through December 31 shall be filed on or before January 20, and the report covering the preceding period of January 1 through June 30 shall be filed on or before July 20.

(2) Whenever January 20 or July 20 falls on Saturday or Sunday, or on any day made a legal holiday by the laws of this Commonwealth or of the United States, the date for filing shall be the next business day.

(3) The judge shall file the original report with the Court Administrator of Pennsylvania, and shall file copies of the report with the president judge and the district court administrator of the court on which the judge serves.

Official Note: The requirement that judges file copies of their reports with the president judge and district court administrator will better enable those officials to monitor their dockets in order to address problem areas promptly. If decisional delay persists, the president judge should take strong corrective action. Such action may include providing the judge with additional support or educational resources as may be reasonably available; restructuring judicial case assignments, non-decisional assignments, or work schedules; or any other supervisory action designed to assist the reporting judge in becoming current.

(4) Senior judges or active judges serving in more than one judicial district shall file one consolidated report with the Administrative Office, and shall file copies of the consolidated report with the president judge and the district court administrator for each judicial district in which the judge has matters that have been submitted for decision.

(E) Supplemental Statement by President Judge.

(1) A president judge, at the request of the Court Administrator of Pennsylvania, shall supplement a judge’s report with a separate statement of any circumstances affecting the matters reported.

(2) Within thirty days of the president judge’s receipt of the request from the Court Administrator of Pennsylvania, any supplemental statement shall be filed with the Court Administrator of Pennsylvania, the judge who filed the report, and the district court administrator.

(F) Public Inspection.

Copies of all reports and supplemental statements filed pursuant to paragraphs (B) and (E) shall be made available by the Court Administrator of Pennsylvania and the district court administrator for public inspection and copying.

(G) Report to Judicial Conduct Board.

(1) The Court Administrator of Pennsylvania shall immediately notify the Judicial Conduct Board if a judge fails to file a timely report as required by this rule.

(2) The Court Administrator of Pennsylvania shall, where appropriate, forward to the Judicial Conduct Board any report which includes one or more matters which have remained undecided for one year or more.

The provisions of this Rule 703 adopted March 21, 1972; amended March 7, 1973, 3 Pa.B. 441; effective March 21, 1972; amended January 28, 1997, effective immediately, with the first report due on or before July 21, 1997, 27 Pa.B. 794. Immediately preceding text appears at serial pages (149447) to (149448).

History

Source: The provisions of this Rule 701 adopted and effective October 10, 1966; renumbered from Supreme Court Rule 79 by Order dated March 15, 1972; amended and effective Feb.

201 Pa. Code Rule 704 Judicial leave. {#sec-rule-704 omnilex-key=us-pa-regs-official--title-201--Rule 704}

(A) Policy statement. It is the policy of the Unified Judicial System that jurists are required to devote the necessary time and attention to their judicial duties. Absences due to a judge’s illness or physical or mental disability shall not be abused and are subject to the review of the Supreme Court as part of the Court’s constitutionally mandated responsibility to oversee the Unified Judicial System.

(B) General rule.

(1) Initial report of illness or physical or mental disability. Any judge who, because of his or her illness or physical or mental disability, is unable to substantially perform his or her duties for a period of fifteen (15) days or more within any thirty-day period shall provide a written report to the President Judge and to the Court Administrator on a Rule 704 Report form supplied by the Administrative Office.

(a) Content of the report. The report shall include a description of the nature of the illness or physical or mental disability, the start date and expected length of the absence, and a certification from the treating physician, psychiatrist, or psychologist explaining how the illness or physical or mental disability renders the judge unable to substantially perform his or her duties.

(b) Time for filing the report. The report shall be submitted within ten (10) days of the date the judge becomes aware he or she will be absent for fifteen (15) days or more, but in any event no later than ten (10) days after the fifteenth day of the judge’s absence.

(2) Subsequent reporting of continuing illness or physical or mental disability. If a judge is unable to substantially perform his or her duties for thirty additional days beyond an initial fifteen-day period, the judge shall file, within ten (10) days after the thirty-day period, an updated report, on a Rule 704 Report form supplied by the Administrative Office, containing the information required in (B)(1)(a), except that the healthcare professional’s certification shall also state that the illness or physical or mental disability persists and provide a medical opinion as to the judge’s anticipated return to service. Thereafter, the judge shall continue to file reports every thirty (30) days for as long as the illness or physical or mental disability persists.

(3) Report of return to service. When a judge’s illness or physical or mental disability no longer persists, the judge shall, within ten (10) days of returning to service, report to the President Judge and the Court Administrator that he or she is able to substantially perform his or her duties. If the judge will have any restrictions upon returning, he or she must submit a Rule 704 Report that includes a physician’s explanation of how such restrictions may impact the judge’s ability to substantially perform his or her duties.

Official Note

If a President Judge is unable to substantially perform his or her duties, or returns to service, as described in subparagraph (B), the President Judge shall submit the required reports to the Court Administrator.

(4) Duties of President Judge.

(a) If a President Judge is aware of a judge who has been unable to substantially perform his or her duties for at least fifteen (15) days within any thirty-day period but has not filed a report as required by this Rule, the President Judge shall communicate by letter to the judge that a report must be submitted within ten (10) days of the date of the letter. A copy of that letter shall be provided to the Court Administrator. If no response is received from the judge, the Court Administrator shall report the lack of response to the Supreme Court for appropriate action.

If the illness or physical or mental disability is of such a nature that the judge cannot submit any of the reports required by this Rule, the President Judge shall make reasonable inquiry into the nature of the illness or physical or mental disability and report the findings to the Court Administrator, who shall inform the Supreme Court of those findings.

(b) If a President Judge believes that a judge is suffering from an illness or physical or mental disability that renders him or her incapable of substantially performing his or her judicial duties, and that immediate action is warranted, the President Judge, after consultation with the Court Administrator, may place the judge on administrative leave. The Court Administrator shall promptly advise the Supreme Court of any placements on administrative leave.

(c) When a President Judge is unable to substantially perform his or her duties, the Court Administrator shall perform the duties prescribed in (B)(4)(a) and (b).

(5) Reporting to the Supreme Court. The reports of any jurist who is unable to substantially perform his or her duties for a cumulative period of at least ninety days in any twelve-month period shall be forwarded by the Court Administrator to the Supreme Court for appropriate action.

(6) Request for Independent Examination.

(a) A President Judge may request that a judge who is unable to substantially perform his or her duties submit to an independent physical, psychiatric, or psychological examination. Such request shall be made in writing to the Court Administrator and shall explain the reasons for an independent examination.

If the Court Administrator agrees that an independent examination is justified, the President Judge shall inform the judge of the name of the physician, psychiatrist, or psychologist who will conduct the examination, and the judge shall submit to the examination within thirty (30) days of receiving notice from the President Judge and must agree to waive confidentiality protections so that the President Judge, Court Administrator and Supreme Court can be provided with the results of the examination.

(b) The Court Administrator may direct a jurist who is unable to substantially perform his or her duties to submit to an independent examination. The Court Administrator shall inform the jurist of the name of the physician, psychiatrist, or psychologist who will conduct the examination, and the jurist shall submit to the examination within thirty (30) days of receiving notice from the Court Administrator and must agree to waive confidentiality protections so that the President Judge, Court Administrator and Supreme Court can be provided with the results of the examination.

(C) Confidentiality. Any reports submitted pursuant to this Rule shall be confidential and subject to disclosure only to necessary judicial, administrative or disciplinary personnel.

(D) Definitions. For the purposes of this Rule:

(1) Day means a calendar day.

(2) Judge means a judge of a court of common pleas, Philadelphia Municipal Court, the Superior Court of Pennsylvania, the Commonwealth Court of Pennsylvania, or a magisterial district judge. For purposes of this Rule, judge does not include a senior judge.

(3) Jurist means both a judge and a President Judge.

(4) President Judge means the President Judge of a judicial district or, in the case of the Superior Court of Pennsylvania, the Commonwealth Court of Pennsylvania, or Philadelphia Municipal Court, the President Judge of the court.

(5) Substantially perform means to carry out on a full-time basis the essential and assigned responsibilities required of the judicial office.

Official Note

The time periods provided in the Rule are only the minimum periods of absence that trigger the reporting requirements of the Rule. A jurist may be unable to substantially perform his or her duties even if he or she reports to work in excess of the time periods provided, which would also require the filing of the reports mandated by the Rule. The key to an assessment of substantial performance is whether the jurist is carrying out the assigned duties of his or her position to the same extent as other jurists in the same or comparable position. A judge may be presumed to be unable to substantially perform his or her duties if, for example, the judge has been unable to work more than three hours in a day for a total of fifteen (15) days in a thirty-day period.

The provisions of this Rule 704 adopted July 27, 2011, effective immediately, 41 Pa.B. 4417; amended December 5, 2016, effective immediately, 46 Pa.B. 7998. Immediately preceding text appears at serial pages (358019) to (358020) and (358119).

History

Source: The provisions of this Rule 701 adopted and effective October 10, 1966; renumbered from Supreme Court Rule 79 by Order dated March 15, 1972; amended and effective Feb.

201 Pa. Code Rule 705 Seniority of judges. {#sec-rule-705 omnilex-key=us-pa-regs-official--title-201--Rule 705}

(a) Seniority between elected and appointed judges. Elected judges shall have seniority over appointed judges.

(b) Seniority among elected judges. The seniority of elected judges shall be determined on the basis of the date of election, if service is continuous on the same court. Service by appointment shall not be considered in computing seniority among elected judges.

(c) Seniority among appointed judges. The seniority of appointed judges, for the duration of appointment, shall be computed from the date of appointment, if service is continuous on the same court.

(d) Simultaneous election or appointment. Should any two judges of the same court be elected or appointed at the same time, they shall cast lots forthwith for priority of commission and seniority before the Chief Justice or the president judge of the court in which they are to serve, and certify the results to the Governor.

(e) Judges of merged courts. Where two or more courts are merged, service on any one of the constituent courts shall be deemed to be service on the surviving court for the purpose of determining length of continuous service on the surviving court under this rule.

(f) Judges of new courts. The initial judges of a newly created court shall be deemed to be elected judges for the purposes of this rule regardless of the method of their initial selection. If a statute creating a court shall specify the seniority among the initial judges of the court such statute shall control over any inconsistent provision of this rule.

(g) Certification of seniority. Where priority of commission or seniority of a judge is determined under this rule, the Chief Justice or the president judge of the court in question shall certify the same to the Administrative Office, which shall record such information in the book maintained for such purpose.

(h) Waiver of seniority. A judge may waive in writing seniority to which he is otherwise entitled under this rule with respect to any specific right, privilege, immunity or position, but no revocation of any such waiver shall affect any rights or status acquired while such waiver is in effect.

The provisions of this Rule 705 adopted May 2, 1972; amended through November 30, 1972; effective May 2, 1972.

History

Source: The provisions of this Rule 701 adopted and effective October 10, 1966; renumbered from Supreme Court Rule 79 by Order dated March 15, 1972; amended and effective Feb.

201 Pa. Code Rule 706 Determination or selection of Chief Justice and president and administrative judges. {#sec-rule-706 omnilex-key=us-pa-regs-official--title-201--Rule 706}

(a) Courts of seven or less judges. Except as provided in subdivision (e) of this rule, the Chief Justice of Pennsylvania and the president judges of all courts with seven or less judges shall be the judge longest in continuous service on their respective courts.

(b) Courts of eight or more judges. The president judge of all courts with eight or more judges shall be selected for five-year terms by the members of their respective courts. In the event of a tie vote for the office of president judge, the Supreme Court shall appoint as president judge for a five-year term one of the judges receiving the highest number of votes. Upon the occurrence of a vacancy in the office of president judge of a court subject to this subdivision by reason of death, resignation, removal, retirement or otherwise, his successor shall be selected for a five-year term. No president judge may succeed himself or herself after a full elected term without an intervening full elected term. Upon the vacation of the office of President Judge or Administrative Judge by death, resignation, termination of term of office or removal by the Supreme Court, all personal staff members of said judge shall be reassigned to a general pool for a period of sixty (60) days to be assigned to other judges or terminated, except as follows:

(1) Those employees (i.e., secretary, tipstaff, law clerk) retained by the outgoing judge who continues serving as a trial or appellate court judge shall be compensated at a level commensurate with other trial and appellate court staff members, taking into consideration their total years of service, where applicable;

(2) Those employees of the outgoing judge chosen by other judges of the same court to serve on their staffs may be retained and shall be compensated at a level commensurate with that staff position, taking into consideration their total years of service, where applicable.

(c) Change in size of court. Where there is a change in the size of a court to a court of eight or more judges, or to a court of seven or less:

(1) An incumbent president judge, if theretofore determined pursuant to subdivision (a) of this rule, shall continue in office as president judge of the court for a period of five years from the date on which the authorized increase in the size of the court becomes effective, whereupon the term of such president judge under subdivision (a) of this rule shall expire. Subdivision (b) of this rule shall become applicable to such court whenever such incumbent president judge shall cease for any reason to be president judge.

(2) An incumbent president judge, if theretofore selected pursuant to subdivision (b) of this rule, shall continue in office as president judge of the court for the remainder of the unexpired portion of his term as president judge. Subdivision (a) of this rule shall become applicable to such court whenever such incumbent president judge shall cease for any reason to be president judge.

(d) Divisions of a court. Each division of a court having three or more judges shall be presided over and administered by an administrative judge, who shall be one of the judges of the court of which the division is a part and shall be selected by the Supreme Court to serve for a term of three years or at the pleasure of the Court. Upon the occurrence of a vacancy in the office of administrative judge, the president judge shall notify the Supreme Court immediately.

(e) Resignation and temporary inability. The Chief Justice or a president or administrative judge may resign such position and remain a member of the court or division. If the Chief Justice or a president judge of a court subject to subdivision (a) of this rule is temporarily unable to perform his duties as such, they shall be performed by the next senior judge of the court as determined by Rule 705 who is able to perform such duties. If the president judge of a court subject to subdivision (b) of this rule is temporarily unable to perform his duties as such, they shall be performed by:

(1) In the case of a court having three or more divisions, the senior judge of the court, as determined by Rule 705, who is an administrative judge and who is able to perform such duties.

(2) In the case of any other such court, by an acting president judge:

(i) designated from such court for a period of not more than 30 calendar days by the president judge; or

(ii) selected by such court pursuant to subdivision (f) of this rule.

If the administrative judge of a division of such a court is temporarily unable to perform his duties as such, they shall be performed by an acting administrative judge designated from such division for a period of not more than 30 calendar days by the Supreme Court. Where a president judge designates an acting president judge pursuant to this subdivision, the president judge or the Supreme Court, respectively, shall forthwith execute a statement of such designation on a form provided by the Administrative Office, file a copy of such certificate in the office of the clerk or prothonotary of the court, and transmit the original thereof, showing evidence of such filing, to the Administrative Office.

(f) Selection procedures.

(1) Each court selecting a president judge pursuant to this rule shall do so at a meeting held pursuant to this subdivision. Except as otherwise prescribed in this paragraph, the court shall meet for such purpose in the chambers of the commissioned judge with the greatest seniority, as determined by Rule 705, who is entitled to participate in the selection, or in a courtroom designated by him, at noon on the tenth day (Sundays excepted) preceding the expiration of the term of office of the incumbent president judge, or on the tenth day (Sundays excepted) next following the death, resignation, removal, retirement or reassignment of the president judge for whom a successor is to be selected. A majority of the judges entitled to participate in the selection of a president judge may fix another time and place for the selection of a president judge consistent with the requirements of this paragraph, upon giving all other judges entitled to participate therein at least 72 hours’ prior written notice of the time and place fixed for the meeting. Whenever a vacancy occurs or will occur in the office of president judge between February 1 of any odd-numbered year and the first Monday of January next following, the meeting for the purpose of selecting a president judge shall not be held before noon on such first Monday of January, but a meeting may be held during such period for the purpose of selecting an acting president judge.

(2) At the meeting the commissioned judge with the greatest seniority, as determined by Rule 705, who is present, shall preside. Ballots shall be prepared and distributed containing the name of each judge of the court. Voting shall be by secret ballot and the judge receiving a plurality of the votes cast shall be declared selected.

(3) The judge presiding at the meeting, or in default thereof, any two judges present at the meeting, shall forthwith execute a certificate of the results of the balloting on a form provided by the Administrative Office. The judge or judges executing the certificate shall forthwith file a copy thereof in the office of the clerk or prothonotary of the court and shall at the same time transmit the original thereof, showing evidence of such filing, to the Administrative Office.

(4) Upon receipt of a certificate reflecting a tie vote for the selection of a president judge the Administrative Office shall forward the certificate to the Supreme Court, which will indicate its selection of president judge thereon and will return the certificate to the Administrative Office. The Administrative Office shall thereupon forthwith transmit a copy of the completed certificate to the office of the appropriate clerk or prothonotary for filing as provided in paragraph (3) of this subdivision.

(g) Maintenance of central personnel records. The Administrative Office shall record the determination or selection of the Chief Justice and all president and administrative judges, any term for which they may be selected, and all other pertinent information relating thereto, in a book to be kept for that purpose and shall:

(1) Notify the judges of a court at least 30 days prior to the expiration of the term of office of the president judge of the fact of such expiration.

(2) Furnish the Department of State with such information as may be required in order to enable the Governor to duly commission a Chief Justice or president judges in the manner provided by the Constitution of Pennsylvania and this rule.

The provisions of this Rule 706 adopted January 18, 1973, 3 Pa.B. 157; amended April 25, 1980, effective April 25, 1980, 10 Pa.B. 1859; amended May 9, 1990, effective immediately, 20 Pa.B. 2893 and 20 Pa.B. 2894; amended May 8, 1991, effective immediately, 21 Pa.B. 2453; amended January 12, 2018, effective immediately, 48 Pa.B. 595; amended June 14, 2018, effective immediately, 48 Pa.B. 3847. Immediately preceding text appears at serial pages (389897) to (389900).

History

Source: The provisions of this Rule 701 adopted and effective October 10, 1966; renumbered from Supreme Court Rule 79 by Order dated March 15, 1972; amended and effective Feb.

Chapter 17 JUDGES AS WITNESSES

201 Pa. Code Rule 1701 Appearance of judge or district justice as character witness. {#sec-rule-1701 omnilex-key=us-pa-regs-official--title-201--Rule 1701}

(a) For purposes of this rule, judge and district justice includes those judicial officers in active judicial service or senior status.

(b) No subpoena to compel a judge or district justice to testify as a character witness shall be issued or enforced unless the issuance of the subpoena shall have been specially allowed by the Supreme Court pursuant to this rule.

(c) Petitions for allowance of a subpoena shall be filed in the office of the Prothonotary of the Supreme Court for the Eastern District, shall be verified and shall set forth:

(1) The name of the court and the term and number of the proceeding in which the witness is to appear, together with a brief description of the nature of the proceeding.

(2) The name and judicial office of the witness.

(3) Facts demonstrating that the character testimony to be given by the witness will not be merely cumulative and that the rights of petitioner will be unduly prejudiced by the application of the general rule prohibiting the appearance of judicial officers as character witnesses.

(4) A copy of the desired form of subpoena.

(5) A certificate of service showing service of the petition upon the witness and upon all parties to the proceedings below.

(d) Within ten days after service of the petition the witness or any party to the proceedings below may file in the office of the Prothonotary of the Supreme Court a verified answer setting forth, if desired, a counter-statement of the facts and any argument in support of or in opposition to the petition.

(e) No judge or district justice shall testify voluntarily as a character witness. The provisions of this subdivision shall constitute a canon of ethics for the purposes of Section 17 of the Judiciary Article.

The provisions of this Rule 1701 adopted September 27, 1972, effective October 7, 1972; amended April 2, 2003, effective immediately, 33 Pa.B. 1926. Immediately preceding text appears at serial page (260327).

History

Source: The provisions of this Rule 1701 adopted September 27, 1972, effective October 7, 1972; amended April 2, 2003, effective immediately, 33 Pa.

Chapter 19 MISCELLANEOUS ADMINISTRATIVE PROVISIONS

201 Pa. Code Rule 1901 Prompt disposition of matters; termination of inactive cases. {#sec-rule-1901 omnilex-key=us-pa-regs-official--title-201--Rule 1901}

(a) General policy.—It is the policy of the unified judicial system to bring each pending matter to a final conclusion as promptly as possible consistently with the character of the matter and the resources of the system. Where a matter has been inactive for an unreasonable period of time, the tribunal, on its own motion, shall enter an appropriate order terminating the matter.

(b) Primary responsibility for implementation of policy.—

(1) Except as provided by paragraph (3), each court of common pleas is primarily responsible for the implementation of the policy expressed in subdivision (a) of this rule and is directed to make local rules of court for such purposes applicable to the court and to the community court or magisterial district judges of the judicial district.

(2) The Philadelphia Municipal Court is directed to make rules of court for such purposes.

(3) The policy set forth in subdivision (a) of this rule shall be implemented in actions governed by the Pennsylvania Rules of Civil Procedure pursuant to Rule of Civil Procedure 230.2.

(c) Minimum Standards.—Before any order terminating a matter on the ground of unreasonable inactivity is entered, the parties shall be given at least 30 days’ written notice of opportunity for hearing on such proposed termination, which notice shall be given:

(1) In person or by mail to the last address of record of the parties or their counsel of record and setting forth a brief identification of the matter to be terminated; or

(2) By publication in the manner provided by rule of court in the legal newspaper designated by rule of court for the publication of legal notices in any case where notice by mail cannot be given or has been returned undelivered or where the docket of the matter shows no evidence of activity during the previous two years. Any matter terminated after notice by publication pursuant to this paragraph may be reinstated by the court after dismissal upon written application for good cause shown.

(d) Effect of disposition of records. Notwithstanding any inconsistent provision of this rule or of any local rule of court made pursuant to this rule, a court shall not entertain any application for the reinstatement of a matter terminated pursuant to this rule if such application for reinstatement is filed after the documents relating to the matter have been disposed of pursuant to the applicable record retention schedule established by or pursuant to law.

The general policy set forth in Subdivision (a) is based on an administrative consideration, not substantive or procedural standards applicable to speedy trials in either civil or criminal cases. This rule is intended to supplement, not to modify or abrogate, procedural rules or substantive decisions involving the rights of defendants in criminal cases to a speedy disposition of charges. It is intended to foster elimination of stale cases from the judicial system where the parties have failed to proceed and which are carried as open matters because of the failure on the part of any party to seek dismissal or otherwise to bring the matter to a conclusion.

Where a party objects to the termination of an inactive matter, it is intended that the court exercise its judicial discretion. For example, the dormant matter may be a protective action related to a case pending in another jurisdiction between the parties on the same cause of action, or an action involving a controversy arising from a clash of personalities which will probably be terminated upon the death of one of the parties under circumstances where the public interest will not be served by forcing the parties to a judicial resolution of their dispute, etc.

The rule has no effect on the substantive law and thus a termination effected pursuant to the rule will not necessarily foreclose further proceedings in the matter, e.g., in custody, support and other proceedings of an equitable nature where the parties have the substantive right to apply for the modification of a final order or decree on the basis of changed circumstances.

The following is a suggested form of local rule:

(a) The prothonotary shall list for general call at the first civil argument court held after September 1 of each year all civil matters in which no steps or proceedings have been taken for two years or more prior thereto and shall give notice thereof to counsel of record, and to the parties for whom no appearance has been entered, as provided by Pa. R.J.A. No. 1901(c). If no action is taken or no written objection is docketed in such a matter prior to the commencement of the general call, the prothonotary shall strike the matter from the list and enter an order as of course dismissing the matter with prejudice for failure to prosecute, under the provisions of this rule. If no good cause for continuing a matter is shown at the general call, an order shall be entered forthwith by the court for dismissal.

(b) The clerk of courts shall list at the first criminal argument court held after September 1 of each year all criminal proceedings in which no steps or proceedings have been taken for two years or more prior thereto and shall give notice thereof to the district attorney, any private prosecutor and the defendant, as provided by Pa. R.J.A. No. 1901(c). If no good cause for continuing a proceeding is shown at the general call, an order for dismissal shall be entered forthwith by the court.

Under Rule 1901(c)(2), in those cases where it is unduly burdensome to research the captions, parties and mailing addresses of cases which have been inactive for two years or more, the moribund matters may be terminated by the adoption and publication of a general refiling requirement, without service of individual notice. Under such a local rule matters in which no paper has been filed within the previous two years would be deemed terminated without any further entry in the docket, and all such matters could be excluded from any computerized or other modern docket control system installed in the judicial district, subject to the right of the parties to reactivate the matter for good cause shown.

The County Records Committee, established by the act of August 14, 1963 (P. L. 839, No. 407) (16 P. S. § 13001 et seq.), promulgates record retention and disposition schedules applicable to, inter alia, the prothonotary, clerk of the courts, and clerk of the orphans’ court division. Where a matter has been terminated without prejudice under the rule, i.e. subject to the right of the parties to reactivate the matter for good cause shown, and the records relating to the matter have been destroyed without microfilming under the applicable record retention and disposition schedule, this subdivision will eliminate the possibility that a party might attempt to reactivate the matter on the basis of copies of the pleadings and other documents retained by counsel (including the district attorney or public defender) or other noncourt records.

The provisions of this Rule 1901 adopted May 10, 1973, 3 Pa.B. 921, amended through December 28, 1973, 3 Pa.B. 2949, amended and effective January 18, 1974; amended March 20, 2003, effective July 1, 2003, 33 Pa.B. 1711; amended June 14, 2018, effective immediately, 48 Pa.B. 3847. Immediately preceding text appears at serial pages (392217) to (392218) and (371453).

History

Source: The provisions of this Rule 1901 adopted May 10, 1973, 3 Pa.

201 Pa. Code Rule 1902 Record of asbestos litigation. Prothonotary. {#sec-rule-1902 omnilex-key=us-pa-regs-official--title-201--Rule 1902}

The prothonotary shall maintain a record of all asbestos actions filed by a separate docket, docketing code or other appropriate means to allow the administrative monitoring of such actions.

The provisions of this Rule 1902 adopted April 24, 1990, effective July 1, 1990, 20 Pa.B. 2275.

History

Source: The provisions of this Rule 1901 adopted May 10, 1973, 3 Pa.

201 Pa. Code Rule 1903 {Rescinded}. {#sec-rule-1903 omnilex-key=us-pa-regs-official--title-201--Rule 1903}

The provisions of this Rule 1903 adopted December 14, 1993, effective January 1, 1994, 24 Pa.B. 8; rescinded March 3, 2014, effective immediately, 44 Pa.B. 1428. Immediately preceding text appears at serial pages (367319) to (367320).

History

Source: The provisions of this Rule 1901 adopted May 10, 1973, 3 Pa.

201 Pa. Code Rule 1904 Medical professional liability actions. {#sec-rule-1904 omnilex-key=us-pa-regs-official--title-201--Rule 1904}

(a) The prothonotary of each judicial district shall maintain a docket of all medical professional liability actions by separate docketing code or other appropriate means. When the docket is established by docketing code, the code shall be ‘‘Civil Action—Medical Professional Liability Action.’’

(b) The prothonotary shall record on the medical professional liability action docket:

(1) the separate findings of the trier of fact, including, where applicable:

(i) past damages in lump sums for ‘‘medical and other related expenses,’’ ‘‘loss of earnings,’’ and ‘‘noneconomic loss,’’

(ii) future damages in lump sums for ‘‘loss of earnings or earning capacity’’ and ‘‘noneconomic loss,’’ and

(iii) future damages by year for ‘‘medical and other related expenses,’’ and

Official Note

See Section 509(a) of the Mcare Act, 40 P. S. § 1303.509(a) and Pa.R.C.P. No. 1042.71.

(2) all orders of the court affecting the amount of damages determined by the trier of fact. The orders shall be set forth on the docket verbatim or with specificity sufficient to determine the effect of the orders upon the damages awarded to each plaintiff.

(c) Where a jury has made the separate findings that are recorded pursuant to subdivision (b), the jury’s verdict sheet and interrogatories shall be made part of the official record and shall be maintained in the custody of the prothonotary.

(d) On or before January 20 of each calendar year, the President Judge of each judicial district shall forward to the Court Administrator of Pennsylvania a report of medical professional liability cases. The report shall be prepared in a format prescribed by the Administrative Office of Pennsylvania Courts. Among items to be included are:

(1) a list of all medical professional liability actions filed in the preceding calendar year showing the present caption of

(i) those actions initially filed in the judicial district, and

(ii) those actions transferred into the judicial district. The list of actions transferred shall also show the former caption and the county of origin, and

(2) the separate findings required by subdivision (b) to be set forth on the docket for each action in which a verdict or decision has been entered.

The provisions of this Rule 1904 adopted November 22, 2004, effective immediately, 34 Pa.B. 6504.

History

Source: The provisions of this Rule 1901 adopted May 10, 1973, 3 Pa.

201 Pa. Code Rule 1905 Investment Advisory Board. {#sec-rule-1905 omnilex-key=us-pa-regs-official--title-201--Rule 1905}

(a) General. There is hereby established the Investment Advisory Board (‘‘Board’’), which shall consist of nine voting members. The Supreme Court shall appoint five members and the Board’s chair and vice-chair. The Disciplinary Board of the Supreme Court, the Pennsylvania Lawyers Fund for Client Security Board, the Pennsylvania Continuing Legal Education Board and the Pennsylvania Board of Law Examiners (‘‘the program boards’’) shall each appoint one member to serve on the Board. The Court Administrator and Counsel to the Supreme Court shall serve as ex officio members to the Board. All members of the Board shall serve at the pleasure of the Supreme Court.

(b) Qualifications. To the extent possible, all appointees to the Board shall possess knowledge and expertise in investments and knowledge of public sector investment funds. If no current program board member is professionally qualified or able to serve on the Board, the program board will appoint a prior Board member or a non-program board member with the requisite expertise.

(c) Responsibilities. The Board shall provide recommendations to the Supreme Court with regard to the development and implementation of an investment policy for the program boards that will maximize investment yields while minimizing risk. In addition, the Board shall provide oversight and monitoring of the activity of the investment portfolios. On a fiscal year basis, the Board shall provide the Supreme Court with a review of its activities and appropriate recommendations for further action. The Board’s fiscal year shall begin on July 1 and end on June 30.

(d) Procedure. All actions of the Board shall be determined by majority vote. The Court Administrator of Pennsylvania will have no voting power except in the case of a tie. Counsel to the Supreme Court will serve as a non-voting member.

(e) Administrative. The Administrative Office of Pennsylvania Courts shall provide necessary administrative assistance to the Board and shall pay the cost thereof as well as the necessary travel and other expenses of the members of the Board, all staff and any representative of the Supreme Court. The AOPC shall be reimbursed by the program boards for their pro rata share of necessary travel and other expenses.

(f) Immunity. Members of the Board, its staff and any other representative of the Supreme Court to the Board shall be immune from civil suit for any conduct in the course of their official duties. Legal costs incurred by Board members in defense of such matters will be borne by the Board but passed through to the program boards in accordance with Rule 1905(e). Such costs must be approved by the Board prior to being obligated for payment or reimbursement.

In 2001, the Supreme Court asked the Administrative Office of Pennsylvania Courts to review the investment activities of the Court’s three affiliated boards (the Disciplinary Board, Pennsylvania Lawyers Fund for Client Security and the Pennsylvania Continuing Legal Education Board) and to make recommendations for the improved investment stability, performance, operation and cost efficiencies of the boards’ investments. Following collection of information and consultation with investment advisors, the AOPC recommended the formation of an Investment Advisory Board to assist the Supreme Court in its oversight and consolidation of investment portfolios that would enhance returns and reduce investment fees. In 2007 the Pennsylvania Board of Law Examiners became a program board member.

The provisions of this Rule 1905 adopted September 20, 2005, effective immediately, 35 Pa.B. 5518; amended February 7, 2007, effective immediately, 37 Pa.B. 929; amended May 1, 2023, effective immediately, 53 Pa.B. 2560; amended October 23, 2024, effective immediately, 54 Pa.B. 7110. Immediately preceding text appears at serial pages (414189) to (414190).

History

Source: The provisions of this Rule 1901 adopted May 10, 1973, 3 Pa.

201 Pa. Code Rule 1906 Prohibited communication with jurists. {#sec-rule-1906 omnilex-key=us-pa-regs-official--title-201--Rule 1906}

No litigant or any other participant in a legal matter or proceeding shall send a communication related thereto to the home address of a jurist. Such communications will not be reviewed and will have no legal or procedural significance. The communication will not be returned or forwarded, but will be destroyed.

The provisions of Rule 1906 are adopted September 17, 2009, effective immediately, 39 Pa.B. 5722.

History

Source: The provisions of this Rule 1901 adopted May 10, 1973, 3 Pa.

201 Pa. Code Rule 1907.1 Definitions. {#sec-rule-1907.1 omnilex-key=us-pa-regs-official--title-201--Rule 1907.1}

‘‘Constable.’’ Includes any elected or appointed constable or deputy constable engaged to perform services for any court of the unified judicial system.

Official Note

For the statutorily prescribed services constables perform for the unified judicial system, see, e.g., 44 Pa.C.S. § § 7161 and 7161.1.

The provisions of this Rule 1907.1 adopted May 28, 2013, effective in 30 days, 43 Pa.B. 3223.

History

Source: The provisions of this Rule 1901 adopted May 10, 1973, 3 Pa.

201 Pa. Code Rule 1907.2 Policies, procedures and standards of conduct. {#sec-rule-1907.2 omnilex-key=us-pa-regs-official--title-201--Rule 1907.2}

(a) The Court Administrator shall establish uniform policies, procedures and standards of conduct for constables who perform services for the courts. These policies, procedures and standards of conduct shall be mandatory for all judicial districts and constables engaged to perform services for any court of the unified judicial system.

(b) The president judge of a judicial district is authorized to enact policies and procedures consistent with those established by the Court Administrator in section (a) as local rules pursuant to Pa.R.J.A. No. 103(c). Any policies and procedures enacted by the president judge of a judicial district that may deviate from the uniform policies, procedures and standards of conduct for constables established by the Court Administrator must be approved by the Court Administrator before promulgation. See Pa.R.J.A. No. 505(1).

(c) President Judges are responsible for implementing the provisions set forth in this rule within their respective judicial districts.

Constables are independent contractors, belonging analytically to the executive branch of government. In re Act 147 of 1990, 528 Pa. 460, 598 A.2d 985 (1991). Constables are defined as ‘‘related staff’’ under the Judicial Code. Rosenwald v. Barbieri, 501 Pa. 563, 462 A.2d 644 (1983). While these Rules are established pursuant to Pa. Const. Art. V, § 10(c), nothing herein, or in any document created under these Rules, shall be construed to alter the status of constables as independent contractors and related staff.

The provisions of this Rule 1907.2 adopted May 28, 2013, effective in 30 days, 43 Pa.B. 3223.

History

Source: The provisions of this Rule 1901 adopted May 10, 1973, 3 Pa.

201 Pa. Code Rule 1908 Filling of vacancies. {#sec-rule-1908 omnilex-key=us-pa-regs-official--title-201--Rule 1908}

When a court of common pleas is filling a vacancy to an elected office under a statutory duty, the following procedures shall apply:

(a) The Court shall receive applications from any interested candidates for the position pursuant to a deadline established by the court.

(b) The names of all candidates under consideration and any written application materials submitted by any candidate are public information and shall be made available to any member of the public upon request. The following items included in any written application materials shall not be publicly released: the candidate’s Social Security number; the candidate’s home address, personal telephone number, and personal email address; and information pertaining to the name, home address, or date of birth of children under 17 years of age.

(c) Selection shall be by a vote of the commissioned judges of the court, including the president judge. In the event of a tie vote, the president judge will cast the deciding vote.

The provisions of this Rule 1908 adopted October 3, 2019, effective in 30 days, 49 Pa.B. 6061.

History

Source: The provisions of this Rule 1901 adopted May 10, 1973, 3 Pa.

201 Pa. Code Rule 1910 Broadcasting, Recording and Photography in the Courtroom. {#sec-rule-1910 omnilex-key=us-pa-regs-official--title-201--Rule 1910}

A. General statutory prohibition. It is unlawful and a criminal offense to use or operate a device to capture, record, transmit or broadcast a photograph, video, motion picture or audio of a proceeding or person within a judicial facility or in an area adjacent to or immediately surrounding a judicial facility without the approval of the court or presiding judicial officer or except as provided by rules of court. See 18 Pa.C.S. § 5103.1 (relating to unlawful use of an audio or video device in court).

B. General rule. Unless otherwise provided by this rule or by the Supreme Court of Pennsylvania, judges shall prohibit broadcasting, televising, recording or taking photographs in the courtroom and areas immediately adjacent thereto during sessions of court or recesses between sessions, except that a judge may authorize:

(1) the use of electronic or photographic means for the presentation of evidence, for the perpetuation of a record or for other purposes of judicial administration;

(2) the broadcasting, televising, recording, or photographing of investitive, ceremonial, or naturalization proceedings;

(3) the photographic or electronic recording and reproduction of appropriate court proceedings under the following conditions:

(a) the means of recording will not distract participants or impair the dignity of the proceedings;

(b) the parties have consented; and the consent to being depicted or recorded has been obtained from each witness appearing in the recording and reproductions;

(c) the reproduction will not be exhibited until after the proceeding has been concluded and all direct appeals have been exhausted; and

(d) the reproduction will be exhibited only for instructional purposes in educational institutions.

(4) the use of electronic broadcasting, televising, recording and taking photographs in the courtroom and areas immediately adjacent thereto during sessions of court or recesses between sessions of any trial court nonjury civil proceeding; however, for the purposes of this subsection, ‘‘civil proceedings’’ shall not be construed to mean a support, custody or divorce proceeding. Paragraphs (c) and (d) of Subsection (3) shall not apply to nonjury civil proceedings as heretofore defined. No witness or party who expresses any prior objection to the judge shall be photographed, nor shall the testimony of such witness or party be broadcast or telecast. Permission for the broadcasting, televising, recording and photographing of any civil nonjury proceeding shall have first been expressly granted by the judge, and under such conditions as the judge may prescribe in accordance with the guidelines contained in this rule.

Note

Temperate conduct of judicial proceedings is essential to the fair administration of justice. The recording and reproduction of a proceeding should not distort or dramatize the proceeding.

See the Internal Operating Procedures of the Supreme Court of Pennsylvania and the Commonwealth Court of Pennsylvania regarding broadcasting of proceedings by the Pennsylvania Cable Network.

In implementing this rule, the following guidelines shall apply:

a. Officers of Court. The judge has the authority to direct whether broadcast equipment may be taken within the courtroom. The broadcast news person should advise the tipstaff prior to the start of a court session that he or she desires to electronically record and/or broadcast live from within the courtroom. The tipstaff may have prior instructions from the judge as to where the broadcast reporter and/or camera operator may position themselves. In the absence of any directions from the judge or tipstaff, the position should be behind the front row of spectator seats by the least used aisleway or other unobtrusive but viable location.

b. Pooling. Unless the judge directs otherwise, no more than one TV camera should be taking pictures in the courtroom at any one time. Where coverage is by both radio and TV, the microphones used by TV should also serve for radio and radio should be permitted to feed from the TV sound system. Multiple radio feeds, if any, should be provided by a junction box outside of the courtroom, such as in the adjacent public hallway. It should be the responsibility of each broadcast news representative present at the opening of each session of court to achieve an understanding with all other broadcast representatives as to who will function at any given time, or, in the alternative, how they will pool their photographic coverage. This understanding should be reached outside the courtroom and without imposing on the judge or court personnel.

Broadcast coverage outside the courtroom should be handled with care and discretion, but need not be pooled.

c. Broadcast Equipment. All running wires used should be securely taped to the floor. All broadcasting equipment should be handled as inconspicuously and quietly as reasonably possible. Sufficient file and/or tape capacities should be provided to obviate film and/or tape changes except during court recess. No camera should give any indication of whether it is or is not operating, such as the red light on some studio cameras. No additional lights should be used without the specific approval of the presiding judge, and then only as he may specifically approve.

d. Decorum. Broadcast representatives’ dress should not set them apart unduly from other trial spectators. Camera operators should not move tripod-mounted cameras except during court recesses. All broadcast equipment should be in place and ready to function no less than five minutes before the beginning of each session of court.

C. Law Enforcement Officers, Sheriff’s Department Officers, and Judicial Security Officers.

(1) Unless expressly prohibited by local rule or order of court as authorized by Subsection (5), and except as otherwise provided in this Subdivision C, officers of law enforcement agencies, sheriffs and deputy sheriffs, and judicial security officers (referred to collectively as ‘‘Officers’’) may wear body cameras as part of their standard equipment and operate them as permitted by law or by state or local court rule, and as may be further authorized under the policies of the agency with which the Officer is associated.

(2) No body camera may be activated in a courtroom during judicial proceedings except when an Officer, in his or her professional opinion, determines that there is an actual or imminent emergency situation warranting activation in the ordinary course of his or her duties. In such an emergency situation, an Officer may activate his or her body camera until such time as, in his or her professional judgment, the emergency situation has concluded.

(3) When an Officer activates a body camera in a courtroom as permitted by paragraph (2), he or she shall verbally notify the presiding judge at the first reasonable opportunity after the body camera has been activated. Also, within one business day of the emergency incident, the Officer or his or her supervisor shall provide to the presiding judge a written report of the circumstances surrounding the activation of the body camera, including the times of activation and deactivation and an explanation of the Officer’s actions. The presiding judge shall promptly share the activation report with judicial district court administration. The activation report also shall be provided to the law enforcement agency with which the Officer is associated.

(4) Any recording made in a courtroom during a judicial proceeding may not be released to anyone outside the court and the law enforcement agency with which the Officer is associated without the express written approval of the president judge of the court. Use and dissemination of a recording made under this Subdivision C in connection with law enforcement activity shall require the express written approval of the president judge.

(5) A judicial district may adopt local rules or protocols regulating the use, operation and activation of body cameras in any location and space that is controlled by the judicial district and used in the ordinary course of its business, including a courtroom.

(6) A court and any law enforcement agency providing security services in the courtroom shall enter into a written agreement conforming to this rule and any local rule or protocol promulgated by the judicial district. At minimum, the agreement shall require the agency to (i) inform its officers of their responsibilities under the rule; (ii) provide training to its officers regarding the requirements of the rule, including training of new officers before they are permitted to activate a body camera in the courtroom; (iii) require annual written certification by a responsible representative of the law enforcement agency that the agency’s officers have been informed of their responsibilities under the rule and have received proper training; and (iv) monitor their officers’ compliance.

(7) Each law enforcement agency that provides security services to a court or judicial district shall provide to the district court administrator a copy of its current policies regarding use of body cameras, as well as a list of those Officers assigned to a court or judicial district who are qualified to wear and use body cameras.

The provisions of this Rule 1910 adopted January 8, 2014, effective July 1, 2014, 44 Pa.B. 454; amended January 8, 2014, effective July 1, 2014, 44 Pa.B. 3053; amended October 8, 2019, effective January 1, 2020, 49 Pa.B. 6379. Immediately preceding text appears at serial pages (370650) and (379899) to (379900).

History

Source: The provisions of this Rule 1901 adopted May 10, 1973, 3 Pa.

201 Pa. Code Rule 1920 Definitions. {#sec-rule-1920 omnilex-key=us-pa-regs-official--title-201--Rule 1920}

‘‘Disciplinary matter.’’ Any matter arising under Pa. Const. Art. V, § 18.

‘‘Judge.’’ Includes any appointed or elected justice, judge or magisterial district judge of the unified judicial system.

‘‘Criminal investigation or prosecution.’’ Includes any offense listed in 18 Pa.C.S. § 106(a) and any other offense if a person convicted thereof may be sentenced to a term of imprisonment. It does not include parking violations or summary offenses, both traffic and non-traffic, unless there is a likelihood that the sentence will be imprisonment.

The provisions of this Rule 1920 adopted June 23, 2011, effective immediately, 41 Pa.B. 3719; amended October 24, 2011, effective immediately, 41 Pa.B. 6085. Immediately preceding text appears at serial page (357740).

History

Source: The provisions of this Rule 1901 adopted May 10, 1973, 3 Pa.

201 Pa. Code Rule 1921 Notice to the Chief Justice and the Judicial Conduct Board. {#sec-rule-1921 omnilex-key=us-pa-regs-official--title-201--Rule 1921}

Whenever a judge receives notice that he or she is the subject of any federal or state criminal investigation or prosecution through a target letter, a subject letter, a presentment, an indictment, an arrest, a summons, a complaint, other legal process, or any other means from the investigating or prosecuting authority, unless precluded by order of court, the judge must report the receipt of such notice in writing to the Chief Justice and the Judicial Conduct Board within five (5) days.

The provisions of this Rule 1921 adopted June 23, 2011, effective immediately, 41 Pa.B. 3719; amended April 7, 2015, effective immediately, 45 Pa.B. 2040; amended March 11, 2021, effective immediately, 51 Pa.B. 1644. Immediately preceding text appears at serial page (399002).

History

Source: The provisions of this Rule 1901 adopted May 10, 1973, 3 Pa.

201 Pa. Code Rule 1922 Counsel fees. {#sec-rule-1922 omnilex-key=us-pa-regs-official--title-201--Rule 1922}

(A) Purpose.

The purpose of this rule is to establish standards and procedures under which the Court Administrator shall determine whether a judge may be reimbursed for the expense of attorney’s fees incurred in connection with a criminal matter or a disciplinary matter.

(B) Criminal matters.

(1) Mandatory requirements. A judge may be reimbursed for legal fees paid in the defense of a criminal action only if the following criteria are met:

Official Note

See Yurgosky v. Commonwealth of Pa., Administrative Office of Pa. Courts, 554 Pa. 533, 722 A.2d 631 (1998).

(a) Notice must be given to the Administrative Office of Pennsylvania Courts within a reasonable time after the charges are filed.

(b) The criminal charges must arise directly from the judge’s performance of his or her official duties.

Official Note

Reimbursement of counsel fees is not permitted in cases resolved through participation in pre-trial diversionary programs, through negotiated pleas, or by participation in Accelerated Rehabilitative Disposition (ARD) programs. See Yurgosky, 554 Pa. at 545 n.15, 722 A.2d at 637 n.15.

(d) The legal expenses must be reasonable and necessary.

(2) Decision of the Court Administrator.

(a) Standard. If the mandatory requirements prescribed by paragraph (1) have been met, a request for reimbursement of attorney’s fees may be approved only if the Court Administrator determines that the judge’s conduct giving rise to the criminal charges did not prejudice the proper administration of justice or bring the judicial office into disrepute.

Official Note

This is the same standard prescribed by Pa. Const. art. V, § 18(d)(1), for determining whether a judge may be subject to discipline.

(b) Factors to be considered. In making his or her determination under subparagraph (a), the Court Administrator shall consider the following:

(I) Whether the criminal charges made against the judge had a reasonable basis in law and fact.

(II) The quantity and quality of the evidence supporting the criminal charges made against the judge.

(III) Whether the conduct giving rise to the criminal charges might properly subject the judge to discipline under Pa. Const. art. V, § 18(d)(1), irrespective of whether the judge’s conduct prejudiced the proper administration of justice or brought the judicial office into disrepute.

(IV) Whether other criminal or disciplinary charges have been or are reasonably anticipated to be commenced against the judge arising out of the same conduct involved in the criminal matter and, if so, the nature and disposition of those proceedings.

(I) Under no circumstances shall the Court Administrator act upon a request for reimbursement of counsel fees incurred by a judge in a criminal matter until he or she has determined that all possible criminal and disciplinary issues related to the matters involved in the criminal case have been finally concluded in all fora having proper jurisdiction over the judge and a full evaluation of any such additional criminal or disciplinary matter has been made.

(II) A judge who seeks reimbursement of attorney’s fees in a criminal matter shall be required to waive confidentiality so that the Judicial Conduct Board and other proper authorities are able to share with the Court Administrator all information relating to actual or potential disciplinary action against the judge. If the judge does not waive confidentiality, the Court Administrator shall deny the judge’s request for reimbursement.

(III) In determining under this part whether a judge should be reimbursed attorney’s fees incurred in the successful defense against criminal charges, the Court Administrator may rely upon the same information that was available to the Judicial Conduct Board and other proper authority and may consider the evaluation of that information and its determination by the Judicial Conduct Board or other proper authority, as well as any determination made by the Court of Judicial Discipline or other tribunal.

(1) Mandatory requirements. A judge may be reimbursed for legal fees paid in the defense of a judicial disciplinary matter only if the following criteria are met:

(a) Notice must be given to the Administrative Office of Pennsylvania Courts within a reasonable time after the charges are filed.

(b) The allegations of judicial misconduct must arise directly from the judge’s performance of his or her official duties.

Official Note

This does not include any rehabilitative or other diversionary programs, or resolution through a ‘‘letter of counsel.’’

(d) The legal expenses must be reasonable and necessary.

(2) Decision of the Court Administrator.

(a) Standard. If the mandatory requirements prescribed by paragraph (1) have been met, a request for reimbursement of attorney’s fees may be approved only if the Court Administrator determines that the judge’s conduct giving rise to the disciplinary matter did not prejudice the proper administration of justice or bring the judicial office into disrepute.

Official Note

This is the same standard prescribed by Pa. Const. art. V, § 18(d)(1), for determining whether a judge may be subject to discipline.

(b) Factors to be considered. In making his or her determination under subparagraph (a), the Court Administrator shall consider the following:

(I) Whether the disciplinary charges made against the judge had a reasonable basis in law and fact.

(II) The quantity and quality of the evidence supporting the disciplinary charges made against the judge.

(III) Whether the conduct giving rise to the disciplinary matter might properly subject the judge to discipline under Pa. Const. art. V, § 18(d)(1), irrespective of whether the judge’s conduct prejudiced the proper administration of justice or brought the judicial office into disrepute.

(IV) Whether criminal or other disciplinary charges have been or are reasonably anticipated to be commenced against the judge arising out of the same conduct involved in the disciplinary matter and, if so, the nature and disposition of those proceedings.

(I) Under no circumstances shall the Court Administrator act upon a request for reimbursement of counsel fees incurred by a judge in a disciplinary matter until he or she has determined that all possible criminal and disciplinary issues have been finally concluded in all fora having jurisdiction over the judge and a full evaluation of all such criminal or disciplinary matters has been made.

(II) A judge who seeks reimbursement of attorney’s fees shall be required to waive confidentiality so that the Judicial Conduct Board and other proper authorities are able to share with the Court Administrator all information relating to actual or potential disciplinary action against the judge. If the judge does not waive confidentiality, the Court Administrator shall deny the judge’s request for reimbursement.

(III) In determining under this part whether a judge should be reimbursed attorney’s fees incurred in the successful defense against disciplinary charges, the Court Administrator may rely upon the same information that was available to the Judicial Conduct Board and other proper authorities and may consider the evaluation of that information by the Judicial Conduct Board or other proper authority, as well as any determination made by the Court of Judicial Discipline or other tribunal.

(D) Subject to review and approval by the Supreme Court, the Court Administrator shall establish and periodically revise a maximum hourly rate for counsel fee reimbursement and shall develop policies necessary to implement the provisions of this Rule.

(E) If a claim for reimbursement is denied in whole or in part, a judge shall have the right to be heard by a hearing examiner designated by the Court Administrator. The hearing examiner shall issue findings of fact and conclusions of law. Findings of fact by the hearing examiner shall be made based on the standard of preponderance of the evidence. Appeals from the decision of a hearing examiner shall be as provided by law.

Official Note

See Yurgosky, 554 Pa. at 546, 722 A.2d at 637; 42 Pa.C.S. § 763(a)(1).

In disciplinary matters, judges should contact the Administrative Office of Pennsylvania Courts before retaining counsel if a Notice of Full Investigation by the Judicial Conduct Board has not been issued.

The provisions of this Rule 1922 adopted June 23, 2011, effective immediately, 41 Pa.B. 3719; amended December 29, 2015, effective immediately, 46 Pa.B. 330. Immediately preceding text appears at serial pages (376700) and (357741).

History

Source: The provisions of this Rule 1901 adopted May 10, 1973, 3 Pa.

201 Pa. Code Rule 1950 Definitions. {#sec-rule-1950 omnilex-key=us-pa-regs-official--title-201--Rule 1950}

Official Note

See also definitions in Pa.R.J.A. No. 102.

The provisions of Rule 1950 are adopted December 28, 2009, effective immediately, 40 Pa.B. 218; amended March 16, 2021, effective January 1, 2022, 51 Pa.B. 1644. Immediately preceding text appears at serial page (399006).

History

Source: The provisions of this Rule 1901 adopted May 10, 1973, 3 Pa.

201 Pa. Code Rule 1951 Continuity of operations and emergency action plans. {#sec-rule-1951 omnilex-key=us-pa-regs-official--title-201--Rule 1951}

(a) Responsibility for Continuity of Operations and Emergency Action Plans.

(1) The Court Administrator shall establish minimum standards and procedures for continuity of operations and emergency action plans. The standards shall include procedures for periodic review, including the procedures for conducting exercises to ensure the efficacy of the plan.

(2) The president judge has primary responsibility for planning for the continuity of operations in the event of an emergency, and for implementing such plans in his or her judicial district.

Official Note

201 Pa. Code Rule 1952 Emergency actions, duties and authorities. {#sec-rule-1952 omnilex-key=us-pa-regs-official--title-201--Rule 1952}

(a) Role of Supreme Court.

(1) In the event of an emergency that affects court operations in the Commonwealth or in one or more judicial districts, the Supreme Court shall have the authority to declare a judicial emergency generally or in any judicial district affected by the emergency.

(2) By the declaration of a judicial emergency, the Supreme Court may:

(A) suspend or modify statewide or local procedural or administrative court rules;

(B) suspend time calculations for the purposes of time computation relevant to court cases or other judicial business;

(C) direct a court to sit in a location other than its normal place of operations, including outside of its judicial district;

(D) assign judges or court personnel from outside the affected judicial district;

(E) authorize additional uses of advanced communication technology to conduct court proceedings;

(F) take any action listed in paragraph (b)(2)(A)—(R) for an individual or multiple judicial districts; and

(G) take any other necessary administrative action regarding judicial staff, court facilities and operations.

Official Note

See also paragraph (b)(2) for actions a president judge may take once a judicial emergency has been declared.

See Pa.R.Crim.P. 103 for the definition of advanced communication technology.

See Pa.R.Crim.P. 118 and 119 for general rules governing the use of two-way simultaneous audio-visual communications in criminal proceedings.

(b) Role of the President Judge.

(1) In the event of an emergency, the president judge may request authorization from the Supreme Court to declare a judicial emergency in the judicial district. Such declaration shall remain in effect until such time as it is amended, rescinded, modified or superseded by order of the Supreme Court.

(2) If the Supreme Court authorizes the president judge to declare a judicial emergency in the judicial district, and unless limited by the Supreme Court, the president judge shall have the authority to:

(A) order the closure of court facilities until safe operations of the court and its offices can be restored;

(B) order the evacuation of court facilities;

Official Note

Ordering the evacuation of court facilities, when practical under the circumstances, should occur after consultation with members of the local court security committee, established under Pa.R.J.A. No. 1954(a), and relevant law enforcement agencies.

(D) take necessary action to provide for (i) the safety of court personnel, court users and the public, and (ii) the security of court facilities, financial and cash operations, equipment and records;

(E) establish a telephone hotline or website to provide the bench, bar and the public with court and emergency information;

(F) reassign judges or court personnel within the judicial district as needed to ensure the continuation of operations;

Official Note

See also Pa.R.J.A. No. 1953 for requests for additional judges from within the Emergency Regional Administrative Unit.

(G) expand the duties and work hours of staff to handle emergency matters;

(H) cancel or modify court calendars, subpoenas or other court orders;

(I) cancel or suspend jury and non-jury trials;

(J) cancel or suspend jury duty;

(K) suspend or modify local rules of court and administrative rules or procedures, including personnel policies;

(L) suspend or modify the time requirements and limitations established by local rule;

(M) make application to the Supreme Court to temporarily suspend or modify statewide court rules as applied to any case or cases in the judicial district;

(N) provide for alternative signing, delivery and service of court documents and orders;

(O) extend the duration of any emergency or temporary order (for example, protection from abuse order) issued by a judge or magisterial district judge in the judicial district;

(P) assign custodial responsibility for court funds;

(Q) ensure compliance with any Federal, State or local emergency declarations;

(R) order the full or partial implementation of the continuity of operations plan established pursuant to Pa.R.J.A. No. 1951; and

(S) request additional emergency judicial orders from the Supreme Court as the needs of justice require.

(3) The president judge shall immediately notify the Court Administrator of any emergency occurring within his or her court or judicial district that causes the closure of court facilities, causes the temporary suspension of court operations or causes the full or partial implementation of the court’s continuity of operations plan.

(4) Requests for emergency judicial orders pursuant to paragraphs (b)(1) or (b)(2)(S) shall be made to the Court Administrator on a form substantially similar to the one appended to this Rule. Upon receiving a request for an emergency judicial order, the Court Administrator shall immediately transmit said request to (1) the Chief Justice of Pennsylvania or another Justice designated by the Chief Justice and (2) to the Supreme Court Prothonotary. Emergency judicial orders may be signed by the Chief Justice or another Justice designated by the Chief Justice to handle emergency applications for relief. Facsimile signatures may be used in lieu of original signatures on emergency judicial orders. Objections to emergency judicial orders from the Supreme Court shall be transmitted to the Supreme Court Prothonotary in a manner prescribed by the Supreme Court.

(5) During an emergency, the provisions of any statewide procedural rules that require submission of local rules, including administrative orders, to the Supreme Court, the Administrative Office of Pennsylvania Courts, a statewide procedural rules committee, or the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, shall not apply to any local rules or administrative orders issued in response to the emergency. The president judge of the affected judicial district shall inform the Supreme Court of any local rule or administrative order issued under this paragraph as soon as practicable.

Official Note

See Pa.R.J.A. No. 103(c) and (d) for local rule adoption procedures.

(1) The Court Administrator shall render such assistance as practicable and proper to judicial districts affected by an emergency and to assist in the continuity of operations.

(2) The Court Administrator shall coordinate efforts of the Unified Judicial System to provide relief to judicial districts affected by an emergency, including providing available resources and personnel from other judicial districts.

Official Note

201 Pa. Code Rule 1953 Emergency regional administrative units. {#sec-rule-1953 omnilex-key=us-pa-regs-official--title-201--Rule 1953}

(a) Within sixty (60) days of the adoption of this Rule, the Court Administrator shall recommend to the Supreme Court the number and designation of ‘‘emergency regional administrative units,’’ ensuring that every judicial district in the Commonwealth is included within an ‘‘emergency regional administrative unit’’ with one or more neighboring judicial districts.

Official Note

The units created pursuant to this rule are similar to those created pursuant to Pa.R.J.A. No. 701(E).

(b) In the event of an emergency affecting any court’s operations, causing the partial or full implementation of a court’s continuity of operations plan under Rule 1951, or if the Supreme Court or president judge declares a judicial emergency under Rule 1952 (A)(1) or (B)(1), the president judge of the affected judicial district or districts may activate the respective emergency regional administrative unit by providing notice to the Court Administrator. Once activated, judges and magisterial district judges may be temporarily assigned to another judicial district within the emergency regional administrative unit as if the judicial districts were operating within a unit created under Pa.R.J.A. No. 701(E).

(c) All judges and magisterial district judges assigned to another judicial district pursuant to this Rule shall have the same power and authority as that vested in a judge or magisterial district judge of that judicial district.

Official Note

201 Pa. Code Rule 1954 Court security. {#sec-rule-1954 omnilex-key=us-pa-regs-official--title-201--Rule 1954}

(a) The president judge of each judicial district shall establish a local court security committee that shall meet at least twice per year. The president judge or designee shall chair the local court security committee. Local court security committee membership shall include, at a minimum, a member of the county executive branch, the district court administrator and a magisterial district judge. The duties of the local court security committee shall be to:

(1) develop, review and make recommendations to the president judge on protocols, policies and procedures necessary to protect the public, court personnel and court facilities in the event of an emergency, including the continuity of operations plan and emergency action plans;

(2) communicate the approved protocols, policies and procedures identified in paragraph (a)(1) to all court employees;

(3) review and assess the judicial district’s security incident reports specified in paragraph (b) and recommend to the president judge appropriate actions; and

(4) develop and recommend to the president judge training programs for court employees on safety and security awareness.

Official Note

When forming local court security committees, president judges should consider a variety of court and county employees as well as public officials whose positions, experience and authority would benefit court security decisions. While not an exhaustive list, the president judge may also consider including: an individual responsible for county and court records, an individual responsible for courthouse security, a courthouse facility or risk manager, representatives of the other county offices housed in the court facility, a representative from the county information technology office, and a member of county or local law enforcement.

(b) The president judge shall ensure that all reporting requirements of the Pennsylvania Judicial Incident Reporting System (‘‘PAJIRS’’) are completed by the district court administrator or his or her designee no later than the close of business on the day that any reportable action occurs.

(c) The president judge shall ensure the completion of court facility security assessments as prescribed by the Court Administrator.

Rule 1954 addresses court security and formalizes the creation of local court security committees. These committees have existed in every judicial district since at least 2005. Each local court security committee is charged with reviewing court security protocols, policies, and procedures, as well as security incident reports collected through PAJIRS, (implemented in 2005 for magisterial district courts and 2007 for common pleas courts), and making appropriate recommendations to the president judge based on the committee’s review.

The provisions of Rule 1954 are adopted December 28, 2009, effective immediately, 40 Pa.B. 218; amended March 16, 2021, effective January 1, 2021, 51 Pa.B. 1644. Immediately preceding text appears at serial pages (357749) to (357750).

History

Source: The provisions of this Rule 1901 adopted May 10, 1973, 3 Pa.

201 Pa. Code Rule 1990 Application to Waive Fees and Costs (In Forma Pauperis). {#sec-rule-1990 omnilex-key=us-pa-regs-official--title-201--Rule 1990}

(a) Scope. To the extent authorized by procedural rule, this rule shall govern the procedure for waiving the initial filing fee and such other fees and costs associated with a legal action:

(1) imposed or authorized by an Act of Assembly or general rule, and payable to a court, filing office, or public officer or employee; or

(2) required for the posting of a bond or other security for costs as a condition for commencing a legal action.

(b) Information. If a party is unable to pay the initial filing fee and such other fees and costs associated with a legal action, the payee shall provide the party with information about seeking a waiver of fees and costs pursuant to this rule.

(c) Eligibility. A party may seek a waiver of the initial filing fee and such other fees and costs associated with a legal action on any of the following bases:

(1) Without Financial Resources. A party seeking a waiver shall complete and submit an application so the court can determine whether the party is without financial resources to pay the fees and costs associated with the legal action. A party shall be deemed without financial resources if the party:

(i) Receives needs-based public assistance (including, but not limited to, Supplemental Nutrition Assistance Program (SNAP), Medicaid, Supplemental Security Income (SSI), or Temporary Assistance to Needy Families (TANF)); or

(ii) Meets the following income and asset requirement:

(I) gross income (i.e., before taxes and other deductions) that is 200% or less than the federal poverty guidelines for the party’s household size; and

(II) assets less than $10,000, excluding the party’s home and one vehicle.

(2) Substantial Financial Hardship. A party seeking a waiver shall complete and submit an application so the court can determine whether the party will suffer a substantial financial hardship, which means the party is or will be unable to fully meet their basic human needs or obligations including, but not limited to, nutrition, housing, utilities, health, transportation, care of dependents, or other areas of essential need, by paying the fees and costs associated with the legal action based upon:

(i) the party’s gross income, assets, and expenses;

(ii) the number of minor children or adult children, who are incapable of self-support due to a physical or mental disability, that the party is supporting, including a child support obligation;

(iii) employment history;

(iv) other available financial resources, including resources from individuals who have a duty of support to the party; and

(v) other factors affecting the party’s income, assets, or expenses.

(3) Representation of Counsel. A party represented by counsel practicing in a legal aid organization or providing the party with free legal services shall receive a waiver from the filing office upon praecipe of counsel stating that counsel reasonably believes the party is unable to pay the fees and costs associated with the legal action.

(d) Timing.

(1) The application or praecipe shall be filed at the same time as or after the commencement of the legal action, not before.

(2) The filing office shall docket the legal action and the application or praecipe without the party paying the filing fee.

(3) If the court denies the application, the party shall pay the filing fee for commencing the action within 30 days of notification of the denial. The party may not proceed in the action, so long as the fee remains unpaid, except that the party may appeal the denial or obtain permission from the court to proceed.

(4) If a party commences an action and later files an application or praecipe to waive fees and costs, the filing office shall not refund the fees and costs previously paid.

(e) Court Action. The court or an individual designated by the court shall review all applications to determine immediate eligibility. The court should enter its order determining the application within 20 days of its filing date.

(1) If a party is deemed eligible for a waiver, the court shall grant the application without a hearing.

(2) If the court cannot determine eligibility solely on the application, then the court may direct the party to submit supplemental information to complete or substantiate the application.

(3) The court may deny an application without argument or a hearing.

(4) The court may hold an ex parte record hearing if the application is of arguable merit or the court wishes to solicit further information.

(5) The court may vacate its order granting an application if the court later finds that the application or supplemental information was materially inaccurate or the party is able to pay the fees and costs.

(6) If the court denies an application, or modifies or vacates an order previously granting an application, the court shall state in its order:

(i) the reason for its decision; and

(ii) that the party has 30 days to pay the filing fees or the action will be terminated without further notice.

(7) Upon praecipe of counsel pursuant to subdivision (c)(3), a party shall be deemed to have received a waiver without further action of the court.

(f) Notice. Termination. Reinstatement.

(1) The filing office shall serve the court’s order upon the party.

(2) If at least 30 days have passed after the filing office has served an order denying the application, the fee remains unpaid, and an appeal has not been filed, the filing office shall enter an appropriate order terminating the legal action.

(3) The court may reinstate the legal action for good cause shown.

(g) Recovery of Fees and Costs.

(1) If the party receiving a waiver obtains a money judgment or settlement, the court shall order the party paying the judgment or settlement to pay the previously waived fees and costs to the filing office as part of the litigation’s taxed costs.

(2) Under no circumstances shall taxed costs for the waived fees and costs be paid to the party who has received a waiver.

(h) Continuing Obligation and Waiver.

(1) A party or counsel receiving a waiver of fees and costs has a continuing obligation to inform the court of an improvement in the party’s financial circumstances that would enable the party to pay any waived fees and costs.

(2) A waiver obtained on the basis of subdivision (c)(1) or (c)(2) shall continue throughout the litigation of the legal action, including any appeals, unless the duration of the waiver is specifically limited in the order granting the waiver or the order is modified or vacated by a subsequent order.

(3) A court may order a party to re-apply for a waiver on the basis of subdivision (c)(1) or (c)(2) and modify or vacate an existing waiver.

(4) Subject to subdivision (h)(1), a waiver obtained on the basis of subdivision (c)(3) shall continue throughout the litigation of the legal action regardless of whether counsel withdraws.

(i) Application Form. The application required by subdivision (c) shall be substantially in the following form:

Party Name:

History

Source: The provisions of this Rule 1901 adopted May 10, 1973, 3 Pa.

Chapter 21 ALLOCATION OF BUSINESS

201 Pa. Code Rule 2101 [Rescinded]. {#sec-rule-2101 omnilex-key=us-pa-regs-official--title-201--Rule 2101}

The provisions of this Rule 2101 adopted May 10, 1973, 3 Pa.B. 922. Adopted and effective May 10, 1973. Rescinded effective July 1, 1976 by Pa. R.A.P. 5104, 5 Pa.B. 3127.

History

Source: The provisions of this Rule 2101 adopted May 10, 1973, 3 Pa.

201 Pa. Code Rule 2156 Orphans’ Court Division. {#sec-rule-2156 omnilex-key=us-pa-regs-official--title-201--Rule 2156}

In addition to other matters which by law are to be heard and determined by the orphans’ court division of a court of common pleas, the division shall hear and determine the following matters:

(1) Nonprofit corporations: The administration and proper application of property committed to charitable purposes held or controlled by any domestic or foreign nonprofit corporation and all matters arising under Title 15 of the Pennsylvania Consolidated Statutes (relating to corporations and unincorporated associations) or otherwise where is drawn in question the application, interpretation or enforcement of any law regulating the affairs of nonprofit corporations holding or controlling any property committed to charitable purposes, or of the members, security holders, directors, officers, employees or agents thereof, as such.

‘‘Property committed to charitable purposes’’ means all property committed to the relief of poverty, the advancement of education, the advancement of religion, the promotion of health, governmental or municipal purposes, and other purposes the accomplishment of which is beneficial to the community, except that the term does not include the property of any inter vivos trust jurisdiction of which was acquired by the court of common pleas prior to January 1, 1969 unless the president judge of the court orders the matter to be heard and determined in the orphans’ court division.

(2) Cemetery companies: Matters relating to cemetery companies under Title 9 of the Pennsylvania Consolidated Statutes (relating to burial grounds).

Adopted and effective April 11, 1975.

History

Source: The provisions of this Rule 2101 adopted May 10, 1973, 3 Pa.

201 Pa. Code Rule 2157 Proceedings pursuant to Abortion Control. {#sec-rule-2157 omnilex-key=us-pa-regs-official--title-201--Rule 2157}

Jurisdiction in proceedings filed pursuant to Section 3206 of the Act of June 11, 1982, P. L. 476, No. 138, as amended, known as the ‘‘Abortion Control Act,’’ shall be in the Orphans’ Court Division of the Court of Common Pleas, except in Philadelphia, where proceedings involving minors shall be in the Family Court Division and except in Allegheny County where such proceedings shall be heard in the Juvenile Court Section of the Family Division. All proceedings under the Act shall be in conformity with Supreme Court Orphans’ Court Rule 16.

Rule 2157 of the Rules of Judicial Administration with one exception places jurisdiction or proceedings pursuant to Section 3206 of the Abortion Control Act in the Orphans’ Court Division. The exceptions are proceedings brought by a minor in: (a) Philadelphia County which is to be brought in the Family Court Division; and (b) Allegheny County which is to be brought in the Juvenile Court Section of the Family Division. There is no change to the substantial rule. It is revised to refer to Orphans’ Court Rule 16 for the procedure governing proceedings pursuant to Section 3206 of the Abortion Control Act.

The provisions of this Rule 2157 adopted March 25, 1983, effective April 1, 1983, 13 Pa.B. 1124; amended December 9, 1994, effective March 1, 1995, 24 Pa.B. 6554. Immediately preceding text appears at serial page (112914).

History

Source: The provisions of this Rule 2101 adopted May 10, 1973, 3 Pa.

Chapter 40 UNIFORM RULES GOVERNING COURT REPORTING AND TRANSCRIPTS

201 Pa. Code Rule 4001 Scope of Rules and Policy. {#sec-rule-4001 omnilex-key=us-pa-regs-official--title-201--Rule 4001}

(A) These rules shall govern the making, preserving and transcribing of the record of proceedings in the judicial districts within the Unified Judicial System.

(B) Because complete and verbatim notes of testimony and transcripts are integral to the official record of court proceedings, it is the policy of the Unified Judicial System to ensure that (1) qualified court reporting services are available in each judicial district and that court reporters are fairly compensated, (2) transcripts are timely produced and are affordable to all parties, and (3) efficient technologies are employed to reduce litigation costs and conserve public resources.

These rules are promulgated pursuant to the administrative and supervisory authority granted to the Supreme Court by Article V, § 10 of the Pennsylvania Constitution. See also 42 Pa.C.S.A. § 1724(a)(10).

Pursuant to Order No. 466 Judicial Administration Docket (August 12, 2016), Pa.R.J.A. Nos. 4001—4016 shall become effective in the First Judicial District and the Fifth Judicial District on July 1, 2017. For the period from January 1, 2017 through July 1, 2017, the First Judicial District and Fifth Judicial District shall be governed by Pa.R.J.A. Nos. 5000.1—5000.13, which are rescinded as to all other judicial districts as of January 1, 2017.

The provisions of this Rule 4001 amended May 25, 2018, effective July 1, 2018, 48 Pa.B. 3403. Immediately preceding text appears at serial pages (385411) to (385412).

History

Source: The provisions of this Chapter 40 adopted December 4, 2014, effective June 1, 2015, 44 Pa.

201 Pa. Code Rule 4002 Definitions. {#sec-rule-4002 omnilex-key=us-pa-regs-official--title-201--Rule 4002}

The provisions of this Rule 4002 amended May 25, 2018, effectrive July 1, 2018, 48 Pa.B. 3403. Immediately preceding text appears at serial pages (385412) to (385413).

History

Source: The provisions of this Chapter 40 adopted December 4, 2014, effective June 1, 2015, 44 Pa.

201 Pa. Code Rule 4003 [Rescinded.] {#sec-rule-4003 omnilex-key=us-pa-regs-official--title-201--Rule 4003}

The provisions of this Rule 4003 rescinded December 12, 2019, effective immediately, 49 Pa.B. 7570. Immediately preceding text appears at serial pages (392529) to (392530).

History

Source: The provisions of this Chapter 40 adopted December 4, 2014, effective June 1, 2015, 44 Pa.

201 Pa. Code Rule 4004 Qualifications of Court Reporters and Court Recorders. {#sec-rule-4004 omnilex-key=us-pa-regs-official--title-201--Rule 4004}

(A) No person shall be employed or utilized by a court as a court reporter or court recorder unless approved by the president judge or his or her designee as meeting the minimum criteria set forth in subdivision (B)(1), (B)(2), or (C) except:

(1) those persons already employed or utilized by a court at the time of the adoption of these rules or

(2) those court reporters who hold and maintain a professional certification.

(B) The minimum criteria for qualification of a court reporter, for both stenographic and voice writing, are the following:

(1) stenographic requirements: the court reporter is capable of recording proceedings at a 95% accuracy level at the following speeds:

(a) literary at 180 w.p.m.

(b) jury charge at 200 w.p.m.

(2) voice writing requirements: the court reporter is capable of recording proceedings at a 95% accuracy level at the following speeds:

(a) literary at 180 w.p.m.

(b) jury charge at 200 w.p.m.

(1) full familiarity with the controls of the electronic audio or audio-visual equipment;

(2) adequate hearing acuity to assure a high quality recording;

(3) insistence on clarity of the recording;

(4) ability to quickly diagnose and correct routine malfunctions;

(5) proficiency in note taking; and

(6) understanding of courtroom procedures and vocabulary.

(D) All persons employed or utilized by a court as a court reporter or court recorder, including those employed or utilized prior to the adoption of these rules, shall be requalified as meeting the above criteria at least every three (3) years.

(1) Court reporters shall be requalified every three (3) years upon completion of thirty (30) hours of continuing professional education which has been properly accredited or certified by the National Court Reporters Association. Proof of attendance shall be submitted to the president judge or his or her designee.

(2) Court recorders shall be requalified every three (3) years. The president judge may rely upon reports of the district court administrator and the judicial district’s judges and quasi-judicial officers to determine whether the requirements set forth in subdivision (C) are satisfactorily met. Those reports must be based on recent courtroom experience and a review of work products (e.g., lists, log notes, CD recordings) for accuracy, timeliness and quality.

(E) Any person employed or utilized by a court as a court reporter or court recorder who fails to meet the minimum criteria at the time of requalification shall be given six months to comply. Anyone who fails to comply with this subdivision shall be prohibited from further serving as a court reporter or court recorder if not requalified by the end of the six-month period.

The provisions of this Rule 4004 amended May 25, 2018, effective July 1, 2018, 48 Pa.B. 3403. Immediately preceding text appears at serial pages (385414) to (385415).

History

Source: The provisions of this Chapter 40 adopted December 4, 2014, effective June 1, 2015, 44 Pa.

201 Pa. Code Rule 4005 Approval of Transcriptionists. {#sec-rule-4005 omnilex-key=us-pa-regs-official--title-201--Rule 4005}

No person or organization shall be employed or utilized by a court as a transcriptionist unless approved by the president judge.

History

Source: The provisions of this Chapter 40 adopted December 4, 2014, effective June 1, 2015, 44 Pa.

201 Pa. Code Rule 4006 Employment and Duties of Court Reporting Personnel. {#sec-rule-4006 omnilex-key=us-pa-regs-official--title-201--Rule 4006}

(A) The president judge or his or her designee shall select, appoint, and supervise court reporting personnel for the district. The number of court reporting personnel in any district shall be adequate to support the full and unrestricted operation of the courts.

(B) The president judge or his or her designee shall assign court reporting personnel in a manner as to

(1) cover all proceedings and timely produce all transcripts; and

(2) substantially equalize the workload of recording testimony, and of transcript production and generating fees.

(C) All court reporting personnel are officers of the court with a duty to comply with all court regulations and orders and to maintain the highest standards of professional and ethical conduct.

(D) No court reporting personnel shall work outside his or her official duties unless such work is permitted under the Code of Conduct For Employees of the Unified Judicial System (see Section VI (F)) and he or she is in substantial compliance with these rules regarding timeliness of transcripts as determined by the president judge.

(E) All court reporters must ensure that the court will have access and the ability to obtain the notes of testimony and all other record proceedings of the court in the event of the inability, unavailability, or unwillingness of the court reporter to do so within the time frame established by these rules.

Court reporters should assure, in the event of unavailability or incapacity, that the court is able to access court reporter notes or work product so that all transcripts can be recovered. Each court reporter should provide certification every 6 months that at a minimum, the court reporter has provided one of the following methods or mechanisms for recovering transcripts:

(1) contracting with an available scopist capable of translating the court reporter’s notes;

(2) generating court reporter notes on a software program recognized by the court/district court administrator;

(3) providing the district court administrator with a current copy of the court reporter’s dictionary; and/or

(4) providing translated steno notes in ASCII format.

(F) Court reporters, court recorders and transcriptionists shall file a monthly report with the district court administrator of all ordered or requested transcripts for matters of appeal, in chronological order indicating the date of each order or request, the case name and number, whether the transcript requires rapid completion (e.g., a Children’s Fast Track appeal), the approximate length of the record to be transcribed, the status of the transcription, and the expected date of the filing of the transcript. A court reporter, court recorder or transcriptionist must coordinate with the district court administrator or his or her designee whenever courtroom coverage must be arranged in order to timely deliver the transcript.

(G) The president judge shall determine the internal procedure in his or her judicial district for tracking the timely fulfillment of all other requests and orders for transcript of court proceedings in matters not under appeal. It is the duty of each president judge or his or her designee to assure compliance with the timely delivery of all transcripts as required by these rules.

(H) The district court administrator shall prepare a summary statistical report of all cases under appeal including the number of transcripts requested, delivered and pending, as well as the age of all pending transcripts, which shall be forwarded to the Administrative Office quarterly on forms designed by the Court Administrator.

(I) All court reporting personnel and county administrative personnel are required to comply with all standing and special requests of the Administrative Office for information, including information on transcript cost and fee payments and data relative to transcript production, delivery, and delay.

The provisions of this Rule 4006 amended December 12, 2019, effective immediately, 49 Pa.B. 7570. Immediately preceding text appears at serial pages (392531) to (392532).

History

Source: The provisions of this Chapter 40 adopted December 4, 2014, effective June 1, 2015, 44 Pa.

201 Pa. Code Rule 4007 Requests for Transcripts. {#sec-rule-4007 omnilex-key=us-pa-regs-official--title-201--Rule 4007}

(A) All requests for transcripts shall be set forth on a standardized form provided by the Court Administrator or a form prepared by the judicial district and approved by the Court Administrator. The form shall indicate the current rates authorized to be charged for transcripts under these rules.

(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 district court administrator or other appropriate court filing office. The requesting party shall also serve copies of the formal request to:

(1) the judge presiding over the matter;

(2) the court reporter, court recorder, or transcriptionist;

(3) the district court administrator or his or her designee (if not filed with the district court administrator); and

(4) opposing counsel, but if not represented, the opposing party.

The provisions of subsection (B) do not apply to requests by the Judicial Conduct Board.

(C) In courts where daily, expedited, or same-day transcripts are available, requests for these transcripts shall be made as provided for in local rule. In the event of an emergency, a party may request a daily, expedited, or same-day transcript by oral motion.

(D) When a party requests a transcript,

(1) the party ordering a transcript shall make partial payment in an amount established by local rule. Deposit checks are to be made payable to the judicial district or county, as set by local rule, and shall be delivered to the district court administrator or other court designee.

(2) the court reporter or transcriptionist shall prepare the transcript upon direction of the court’s designee.

(3) the court reporter, court recorder, or transcriptionist shall notify the ordering party and the court’s designee of the completion of the transcript and deliver a copy of the transcript to the judge presiding over the matter.

(4) upon payment of any balance owed, the court reporter, court recorder, or transcriptionist shall deliver the original transcript to the appropriate filing office and copies to the parties. Checks for the final balance are to be made payable to the judicial district or county, as set by local rule, and shall be delivered to the district court administrator or other court designee.

(E) If a party requests a transcript but cannot pay for the transcript because of alleged inability to pay, the court shall approve the request if:

(1) the request is for an ordinary transcript and the matter is under appeal, or a transcript is necessary to advance the litigation; and

(2) the party has obtained a waiver pursuant to Pa.R.J.A. 1990.

(F) When a transcript is requested for which the court or county is responsible for the cost, the court reporter, court recorder, or transcriptionist shall prepare the transcript without the necessity of a deposit.

Nothing in this rule prevents a local court from adopting an electronic filing request procedure, provided the request is effectively communicated to the listed persons.

Within the framework of these rules, the particular methods and logistics for receiving and accounting for costs shall be left to the discretion of the president judge and district court administration. Note, however, that deposit checks and final payment checks are to be made payable to the judicial district or county, not to the individual court reporter or transcriptionist preparing the transcript.

It is anticipated that court reporters shall continue to be compensated for the preparation of transcripts pursuant to local rule or practice. It is not contemplated that this rule shall interfere with or otherwise limit the income of court reporters. In this regard, in certain jurisdictions, court reporters earn a substantial portion of their income through the preparation of transcripts. It shall remain the duty of the president judge and district court administrator to ensure that the implementation of these rules does not unfairly limit the ability of court reporters to be properly compensated for their professional services.

The rule also recognizes that unreasonable demands for free transcripts can result in a significant economic burden on the court system; for this reason, the rule attempts to distinguish between necessary and nonessential requests.

Requests for transcripts of sentencing hearings required by law under 42 Pa.C.S. § 9764(b)(5)(ii) are not subject to the transcript request provisions of this Rule.

The provisions of this Rule 4007 amended May 25, 2018, effective July 1, 2018, 48 Pa.B. 3403; amended December 12, 2019, effective immediately, 49 Pa.B. 7570; amended April 21, 2026, effective November 1, 2026, 56 Pa.B. 2505. Immediately preceding text appears at serial pages (400000) to (400001).

History

Source: The provisions of this Chapter 40 adopted December 4, 2014, effective June 1, 2015, 44 Pa.

201 Pa. Code Rule 4008 Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof. {#sec-rule-4008 omnilex-key=us-pa-regs-official--title-201--Rule 4008}

(A) Costs

(1) The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for an original transcript in an electronic format shall not exceed:

(a) for a transcript for which an accelerated delivery is not requested, $2.50 per page;

(b) for an expedited transcript, $3.50 per page;

(d) for same-day delivery, $6.50 per page.

(2) When the transcript is prepared in bound paper format, the costs shall be in accordance with paragraph (1) relating to electronic format plus a surcharge of $0.25 per page.

(B) Waiver of Costs.

(1) Transcript costs for ordinary transcripts in matters that are not subject to an appeal, where the transcript is not necessary to advance the litigation, or for expedited, daily, or same-day transcripts may be waived at the court’s discretion for parties who qualify for a waiver of fees and costs pursuant to Pennsylvania Rule of Judicial Administration 1990 under subdivision (B) and upon good cause shown.

(2) Transcript costs shall be waived if a transcript request is approved pursuant to Pa.R.J.A. 4007(E).

(1) Assignment of costs. The requesting party or the party required by general rule to file a transcript shall be responsible for the cost of the original transcript. Costs shall not be assessed against any party for transcripts prepared at the initiation of the court.

(2) Allocation of costs. When more than one party is to receive the transcript or is required by general rule to file the transcript, the cost of the original transcript shall be divided equitably among the parties, taking into account any free transcripts.

(D) Copies of transcript

(1) A request for a copy of any transcript previously ordered, transcribed, and filed of record shall not exceed:

(a) $0.75 per page bound, paper format; and,

(b) $0.50 per page electronic copy.

(2) A request for a copy of an expedited transcript shall not exceed:

(a) $1.00 per page bound, paper format; and,

(b) $0.75 per page electronic copy.

(3) A request for a copy of a daily transcript shall not exceed:

(a) $1.25 per page bound, paper format; and,

(b) $1.00 per page electronic copy.

(4) A request for a copy of a same-day transcript shall not exceed:

(a) $1.50 per page bound, paper format; and,

(b) $1.25 per page electronic copy.

(E) Additional Costs

No transcript or related costs may be charged to the parties or the public other than those listed in subdivisions (A), (B), and (D) without the written approval of the Court Administrator, except that a judicial district may enact a local rule that permits a trial judge to impose a reasonable surcharge in cases such as mass tort, medical malpractice or other unusually complex litigation, where there is a need for a court reporter to significantly expand his/her dictionary.

(F) Requests for Rate Increases

The president judge of a judicial district may request an increase in the rates prescribed in subdivision (A) or (D) by submitting a written request to the Court Administrator. Prior to submission, a notice of the proposed increase shall be published for public comment for at least thirty days. Any comments received must be forwarded to the Court Administrator with the request. The request shall only be approved where it is established that the judicial district faces an economic hardship caused by the current rates and that the requested rates are reasonable. If the Court Administrator determines that the increase is necessary, the request shall be forwarded to the Supreme Court.

The first requestor of a transcript is obligated to pay for the original transcript, which is filed with the court, plus the copy rate if the requestor desires a personal copy (subject to any cost-sharing with additional parties.)

Many attorneys and parties prefer to read paper transcripts, including condensed transcripts, and these rules do not inhibit the practice. However, when a condensed paper transcript is ordered by a party, the surcharge of $0.25 per page in Rule 4008(A)(2) shall refer to $0.25 per sheet of paper, regardless of the number of pages of transcripts on the sheet.

There is no entitlement to expedited, daily, or same-day delivery of transcripts. Those services are only available when provided by the judicial district and when the court reporter has that capability.

Transcript costs can be quite expensive. Subdivision (B) is intended to ensure that costs do not effectively deny access to the court system to impoverished persons and persons of limited financial means when further proceedings necessitate a transcript. Procedures for waiving transcript costs must be published by the court and clearly communicated to parties.

It is the intent of this provision that all parties who receive a transcript should share equitably in the costs. If two parties receive the transcript, they will each pay their share of the cost of the original transcript that is filed with the court, with each party paying for their copy. In cases where a party qualifies for a free transcript, any other party paying full price pays only their proportionate share of the full price, with the judicial district absorbing the cost of the free transcript.

With respect to a non-party (i.e., general public) request for a copy of a transcript, Rule 4007(D)(4) anticipates that the filing offices of the judicial district are the proper custodians of court case records and transcripts. Rule 4008(D)(1) provides that the cost charged to the public for a transcript copy that has been filed of record shall not exceed $0.75 per page, regardless of the form or location in which the transcript is filed or stored. The copy rates in Rule 4008(D)(2), (3), and (4) reflect the additional work necessary to deliver a transcript on an expedited schedule, but once the original transcript is filed with the appropriate filing office, the copy rate in (D)(1) is to apply.

Pursuant to local rule, a reasonable fee may be charged for a secure electronic feed that instantaneously delivers the translated notes from the court reporter to a laptop, tablet, phone, or other portable electronic device via cable, Wi-Fi, router, or Bluetooth to parties, the media, or other interested individuals. There shall be no fee charged to the court for such a connection.

These rules do not supersede any existing Pennsylvania Rule of Court regarding the delivery of court transcripts. If there appears to be a conflict with an existing Pennsylvania Rule of Court, such rule remains in full force and effect. However, if there appears to be a conflict with any local rule of court for the delivery of transcripts, these rules take precedence.

The provisions of this Rule 4008 amended May 25, 2018, effective July 1, 2018, 48 Pa.B. 3403; amended December 12, 2019, effective immediately, 49 Pa.B. 7570; amended April 21, 2026, effective November 1, 2026, 56 Pa.B. 2505. Immediately preceding text appears at serial pages (400001) to (400004).

History

Source: The provisions of this Chapter 40 adopted December 4, 2014, effective June 1, 2015, 44 Pa.

201 Pa. Code Rule 4009 Fees and Procedures. Local Rule. {#sec-rule-4009 omnilex-key=us-pa-regs-official--title-201--Rule 4009}

Each judicial district shall promulgate and publish a local rule of judicial administration establishing the fees to be paid for all court reporting products and the procedure for requesting a transcript.

For rules governing the promulgation of local rules, see Pa.R.J.A. 103.

The provisions of this Rule 4009 amended April 21, 2026, effective November 1, 2026, 56 Pa.B. 2505. Immediately preceding text appears at serial page (400004).

History

Source: The provisions of this Chapter 40 adopted December 4, 2014, effective June 1, 2015, 44 Pa.

201 Pa. Code Rule 4010 Format of Transcript. {#sec-rule-4010 omnilex-key=us-pa-regs-official--title-201--Rule 4010}

(A) The format of paper transcripts shall be as follows:

(1) No fewer than 25 typed lines on standard 8-1/2 x 11 paper.

(2) No fewer than nine or 10 characters to the typed inch.

(3) Left-hand margin to be set at no more than 1-3/4 inches.

(4) Right-hand margin to be set at no more than 3/8 inch.

(5) Each question and answer to begin on a separate line.

(6) Each question and answer to begin no more than five spaces from the left-hand margin with no more than five spaces from the Q and A to the text.

(7) Carry-over Q & A lines to begin at the left-hand margin.

(8) Colloquy material to begin no more than 15 spaces from the left-hand margin, with carry-over colloquy to the left-hand margin.

(9) Quoted material to begin no more than 15 spaces from the left-hand margin, with carry-over lines to begin no more than 10 spaces from the left-hand margin.

(10) Parentheticals and exhibit markings to begin no more than 15 spaces from the left-hand margin, with carry-over lines to begin no more than 15 spaces from the left-hand margin.

(B) Electronic transcripts shall comply with the format standards set forth in Rule 4010(A)(3) through (10) for paper transcripts and, in addition, shall be in PDF format with the following settings:

(1) functions disabled: content changes; and

(2) functions enabled: search, select, copy, paste and print.

Rule 4010 standards for both paper and electronic transcripts, which follow the standards of the National Court Reporters Association, assure that all transcripts of proceedings before the Pennsylvania courts are formatted in the same way, whether prepared by official court reporters or transcriptionists, contract or per diem personnel, or by transcription companies.

History

Source: The provisions of this Chapter 40 adopted December 4, 2014, effective June 1, 2015, 44 Pa.

201 Pa. Code Rule 4011 Deadline for Delivery of Transcript. {#sec-rule-4011 omnilex-key=us-pa-regs-official--title-201--Rule 4011}

(A) Unless otherwise ordered by the court, the court reporter or transcriptionist shall deliver the transcript for those cases under appeal within 14 days of receiving notice from the district court administrator or the court’s designee, as required by Pa.R.A.P. 1922(a).

(B) The court reporter or transcriptionist shall deliver transcripts for all other requests within 30 calendar days of receiving notice from the district court administrator or the court’s designee, as provided by Rule 4007, unless an accelerated time frame is mandated by court order, law, or local rule.

(C) For requests made by a party required to post a deposit under Rule 4007, the 30-day period for delivery of the transcript shall not commence until the Rule 4007 deposit is received by the court. In those cases involving waiver of costs under Rule 4007(E), the 30-day period for delivery of the transcript shall not commence until disposition of the application.

(D) The court reporter or transcriptionist, upon a showing of good cause to the president judge, may request an extension of the deadline for a period of time not to exceed an additional 30 days. In no case shall more than one extension be granted.

(E) Transcripts prepared pursuant to the Children’s Fast-Track Appeal program shall be given priority.

(F) Requests for transcripts unrelated to cases under appeal or in cases where no court order has been entered directing transcription shall not be given priority. However, in any event, such transcripts shall be filed and delivered within 45 days, absent an extension for good cause approved by the President Judge.

These rules do not supersede any existing Pennsylvania Rule of Court regarding the delivery of court transcripts. If there appears to be a conflict with an existing Pennsylvania Rule of Court, such Rule remains in full force and effect. However, if there appears to be a conflict with any local rule of court for the delivery of transcripts, these Rules take precedence.

For rules governing children’s fast-track appeals, see Pa.R.A.P. 102 et seq.

The provisions of this Rule 4011 amended April 21, 2026, effective November 1, 2026, 56 Pa.B. 2505. Immediately preceding text appears at serial pages (400005) to (400006).

History

Source: The provisions of this Chapter 40 adopted December 4, 2014, effective June 1, 2015, 44 Pa.

201 Pa. Code Rule 4012 Sanctions for Delayed Transcript. {#sec-rule-4012 omnilex-key=us-pa-regs-official--title-201--Rule 4012}

(A) The president judge may take disciplinary action against any court reporter, court recorder, or transcriptionist where noncompliance with these Rules impedes the prompt administration of justice, whether by protracted delinquency in a single case or by engaging in a pattern of delinquency in a number of cases.

(B) The Court Administrator shall notify the Supreme Court of Pennsylvania of instances of unreasonable delay in preparing transcripts. The Court Administrator may recommend imposition of sanctions, including disqualification of individual court reporters, court recorders or transcriptionists.

(C) The president judge shall ensure that the number, proficiency and organization of court reporting personnel in any district are adequate to support the full and unrestricted operation of the court. When transcript delay is caused by an insufficient supply of qualified court reporters or other resources, or inefficient management of the court reporting operation, the Supreme Court may direct the president judge to take immediate corrective actions.

(D) An appellate court may enter an order to compel the preparation, filing and transmission of the transcript and may take disciplinary action including contempt of court or reduction of fees when the failure of a court reporter, court recorder, or transcriptionist to complete the transcript within the time imposed by these rules or by court order delays transmission of the complete record to the appellate court.

The provisions of this Rule 4012 amended May 25, 2018, effective July 1, 2018, 48 Pa.B. 3403. Immediately preceding text appears at serial page (385422).

History

Source: The provisions of this Chapter 40 adopted December 4, 2014, effective June 1, 2015, 44 Pa.

201 Pa. Code Rule 4013 Certification of Transcript. {#sec-rule-4013 omnilex-key=us-pa-regs-official--title-201--Rule 4013}

Court reporting personnel who take the notes, record or transcribe a proceeding shall certify that the transcript of proceedings is true and correct and meets the format specifications established by the Supreme Court of Pennsylvania in Rule 4010. When more than one person was engaged in the production of the transcript, each shall certify as to his or her contribution.

History

Source: The provisions of this Chapter 40 adopted December 4, 2014, effective June 1, 2015, 44 Pa.

201 Pa. Code Rule 4014 Redaction of Personal Data Identifiers. {#sec-rule-4014 omnilex-key=us-pa-regs-official--title-201--Rule 4014}

(A) On its own motion, or upon motion of any party, the court may order the court reporter, court recorder, or transcriptionist preparing the transcript to redact confidential, personal and/or financial data and other identifiers and any information listed in Section 7.0 of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.

(B) Information that is redacted shall, unless otherwise directed by the court, appear in transcripts that are provided to the court and to the parties, but not in any transcript filed in the appropriate filing office or provided to any other requestor. The unredacted version of the transcript shall be filed under seal in the appropriate filing office.

The provisions of this Rule 4014 amended May 25, 2018, effective July 1, 2018, 48 Pa.B. 3403. Immediately preceding text appears at serial page (385422).

History

Source: The provisions of this Chapter 40 adopted December 4, 2014, effective June 1, 2015, 44 Pa.

201 Pa. Code Rule 4015 Ownership of Notes. {#sec-rule-4015 omnilex-key=us-pa-regs-official--title-201--Rule 4015}

Notes of testimony of court proceedings, stenographic notes, tapes, rough draft transcripts or other media used by court reporting personnel to record or monitor a proceeding in or for a court as well as any transcriptions thereof, are the exclusive property of the judicial district.

Nothing in these rules prohibits someone who has lawfully obtained a transcript from making a copy.

The ownership of court reporting software and equipment, when purchased by the court reporter, shall remain the property of the court reporter, unless the terms of employment with the district court provide otherwise.

History

Source: The provisions of this Chapter 40 adopted December 4, 2014, effective June 1, 2015, 44 Pa.

201 Pa. Code Rule 4016 Storage and Retention. {#sec-rule-4016 omnilex-key=us-pa-regs-official--title-201--Rule 4016}

(A) Each judicial district shall make provision for the archiving, storage and retention of transcribed and untranscribed notes of testimony, rough draft transcripts, reporter and recorder log notes, tapes, other electronic or digital audio files, and any hardware, software, tools or dictionaries necessary for proper transcription.

(B) Notes of testimony and other materials specified in subdivision (A) shall be retained in compliance with the Record Retention and Disposition Schedule with Guidelines adopted by the Supreme Court.

Each judicial district is responsible for the preservation of the transcript production materials listed in Rule 4016(A) in a form that guarantees their accuracy, authenticity, and accessibility. These materials must be protected from loss arising from personnel turnover in the court, environmental hazards, or unsecured access.

History

Source: The provisions of this Chapter 40 adopted December 4, 2014, effective June 1, 2015, 44 Pa.

Chapter 50 [Rescinded]

201 Pa. Code Rule 5000.1 [Rescinded]. {#sec-rule-5000.1 omnilex-key=us-pa-regs-official--title-201--Rule 5000.1}

History

Source: The provisions of this Chapter 50 adopted April 28, 1981, effective July 15, 1981, 11 Pa.

201 Pa. Code Rule 5000.2 [Rescinded]. {#sec-rule-5000.2 omnilex-key=us-pa-regs-official--title-201--Rule 5000.2}

The provisions of this Rule 5000.2 amended through September 25, 1986, effective September 25, 1986, 16 Pa.B. 3823; reserved December 4, 2014, effective June 1, 2015, 44 Pa.B. 7823; the amended order of May 12, 2015, effective immediately, revised the effective date of rescission to January 1, 2017, 45 Pa.B. 6400; under the order of August 12, 2016, for the period from January 1, 2017 through July 1, 2017, the First Judicial District shall be governed by Pa.R.J.A. Nos. 5000.1—5000.13, which are rescinded as to all other judicial districts as of January 1, 2017, 46 Pa.B. 5472; under the amended order of August 12, 2016, for the period from January 1, 2017 through July 1, 2017, the First Judicial District and Fifth Judicial District shall be governed by Pa.R.J.A. Nos. 5000.1—5000.13, which are rescinded as to all other judicial districts as of January 1, 2017, 46 Pa.B. 7999. Immediately preceding text appears at serial pages (384433) to (384434).

History

Source: The provisions of this Chapter 50 adopted April 28, 1981, effective July 15, 1981, 11 Pa.

201 Pa. Code Rule 5000.3 [Rescinded]. {#sec-rule-5000.3 omnilex-key=us-pa-regs-official--title-201--Rule 5000.3}

History

Source: The provisions of this Chapter 50 adopted April 28, 1981, effective July 15, 1981, 11 Pa.

201 Pa. Code Rule 5000.5 [Rescinded]. {#sec-rule-5000.5 omnilex-key=us-pa-regs-official--title-201--Rule 5000.5}

The provisions of this Rule 5000.5 amended July 7, 1997, effective in 60 days, 27 Pa.B. 3503; reserved December 4, 2014, effective June 1, 2015, 44 Pa.B. 7823; the amended order of May 12, 2015, effective immediately, revised the effective date of rescission to January 1, 2017, 45 Pa.B. 6400; under the order of August 12, 2016, for the period from January 1, 2017 through July 1, 2017, the First Judicial District shall be governed by Pa.R.J.A. Nos. 5000.1—5000.13, which are rescinded as to all other judicial districts as of January 1, 2017, 46 Pa.B. 5472; under the amended order of August 12, 2016, for the period from January 1, 2017 through July 1, 2017, the First Judicial District and Fifth Judicial District shall be governed by Pa.R.J.A. Nos. 5000.1—5000.13, which are rescinded as to all other judicial districts as of January 1, 2017, 46 Pa.B. 7999. Immediately preceding text appears at serial pages (378655) to (378656).

History

Source: The provisions of this Chapter 50 adopted April 28, 1981, effective July 15, 1981, 11 Pa.

201 Pa. Code Rule 5000.6 [Rescinded]. {#sec-rule-5000.6 omnilex-key=us-pa-regs-official--title-201--Rule 5000.6}

The provisions of this Rule 5000.6 amended July 3, 1981, effective July 18, 1981, 11 Pa.B. 2548; reserved December 4, 2014, effective June 1, 2015, 44 Pa.B. 7823; the amended order of May 12, 2015, effective immediately, revised the effective date of rescission to January 1, 2017, 45 Pa.B. 6400; under the order of August 12, 2016, for the period from January 1, 2017 through July 1, 2017, the First Judicial District shall be governed by Pa.R.J.A. Nos. 5000.1—5000.13, which are rescinded as to all other judicial districts as of January 1, 2017, 46 Pa.B. 5472; under the amended order of August 12, 2016, for the period from January 1, 2017 through July 1, 2017, the First Judicial District and Fifth Judicial District shall be governed by Pa.R.J.A. Nos. 5000.1—5000.13, which are rescinded as to all other judicial districts as of January 1, 2017, 46 Pa.B. 7999. Immediately preceding text appears at serial page (378656).

History

Source: The provisions of this Chapter 50 adopted April 28, 1981, effective July 15, 1981, 11 Pa.

201 Pa. Code Rule 5000.7 [Rescinded]. {#sec-rule-5000.7 omnilex-key=us-pa-regs-official--title-201--Rule 5000.7}

The provisions of this Rule 5000.7 amended through September 25, 1986, effective September 25, 1986, 16 Pa.B. 3823; reserved December 4, 2014, effective June 1, 2015, 44 Pa.B. 7823; the amended order of May 12, 2015, effective immediately, revised the effective date of rescission to January 1, 2017, 45 Pa.B. 6400; under the order of August 12, 2016, for the period from January 1, 2017 through July 1, 2017, the First Judicial District shall be governed by Pa.R.J.A. Nos. 5000.1—5000.13, which are rescinded as to all other judicial districts as of January 1, 2017, 46 Pa.B. 5472; under the amended order of August 12, 2016, for the period from January 1, 2017 through July 1, 2017, the First Judicial District and Fifth Judicial District shall be governed by Pa.R.J.A. Nos. 5000.1—5000.13, which are rescinded as to all other judicial districts as of January 1, 2017, 46 Pa.B. 7999. Immediately preceding text appears at serial pages (378656) to (378657).

History

Source: The provisions of this Chapter 50 adopted April 28, 1981, effective July 15, 1981, 11 Pa.

201 Pa. Code Rule 5000.8 [Rescinded]. {#sec-rule-5000.8 omnilex-key=us-pa-regs-official--title-201--Rule 5000.8}

History

Source: The provisions of this Chapter 50 adopted April 28, 1981, effective July 15, 1981, 11 Pa.

Chapter 51 CUSTODY OF EXHIBITS IN COURT PROCEEDINGS

201 Pa. Code Rule 5101 Definitions. {#sec-rule-5101 omnilex-key=us-pa-regs-official--title-201--Rule 5101}

(a) The following words and phrases when used in these rules shall have the following meanings, unless the context clearly indicates otherwise, or the particular word or phrase is expressly defined in the chapter in which the particular rule is included:

(1) ‘‘Court Proceeding.’’ Any trial, hearing, argument or similar event before a judge, panel, or hearing officer where evidence, if entered, is on the record. It does not include a proceeding before a magisterial district court, a non-record proceeding before the Philadelphia Municipal Court, a judicial arbitration matter pursuant to Pa.R.Civ.P. 1301 et seq., a hearing before a register of wills pursuant to Pa.R.O.C.P. 10.3, or any matter that is not a record proceeding;

(2) ‘‘Custodian.’’ The person or persons designated by local rule of judicial administration to safeguard and maintain exhibits offered into evidence in a court proceeding. The custodian shall either be a member of court staff, e.g., court reporter, clerk of court, hearing officer, or the proponent of the exhibit. Custodian shall also include the custodian’s designee;

(3) ‘‘Exhibit.’’ A document, record, object, photograph, model, or similar item offered into evidence, whether or not admitted, in a court proceeding;

(4) ‘‘Judicial District.’’ A geographic area established by the General Assembly of Pennsylvania in which a court of common pleas is located;

(5) ‘‘Local Rule.’’ A local rule of judicial administration, however titled, adopted by a judicial district pursuant to Pa.R.J.A. 103(c) or an Internal Operating Procedure adopted by an appellate court;

(6) ‘‘Proponent.’’ A party seeking the admission of an exhibit into the record in a court proceeding; and

(7) ‘‘Records office.’’ The entity with the responsibility and function to maintain and retain the official case file and list of docket entries as required by rule or law.

(b) For any words and phrases not defined by these rules, a meaning may be discerned through examination of its dictionary definition and its legal meaning may be gleaned from its use in an applicable body of law.

The definition of ‘‘court proceeding’’ includes, but is not limited to, civil and criminal trials, ancillary arguments, and hearings, as well as divorce, custody, support, delinquency, and dependency hearings before hearing officers and made of record.

A judicial district may promulgate a local rule to exclude from the provisions of this chapter proceedings that can be appealed de novo to a court of common pleas or upon which exceptions or objections can be filed to a court of common pleas. See Pa.R.J.A. 5104(b).

The definition of ‘‘exhibit’’ includes items admitted or rejected by the court after being offered into evidence by a proponent.

The definition of ‘‘judicial district’’ is derived from 42 Pa.C.S. § 901.

A ‘‘records office’’ includes the prothonotary of a court, the clerk of courts, the clerk of an orphans’ court, or the equivalent office by whatever name known.

History

Source: The provisions of this Chapter 51 added September 11, 2023, effective April 1, 2024, 53 Pa.

201 Pa. Code Rule 5102 Custody of Exhibits. General Provisions. {#sec-rule-5102 omnilex-key=us-pa-regs-official--title-201--Rule 5102}

(a) During Court Proceedings. By local rule, either a member of court staff or the proponent may be designated as the custodian during a court proceeding. The custodian shall secure and maintain all exhibits during a court proceeding, including breaks and recesses, unless otherwise provided in Pa.R.J.A. 5103(c)-(d).

(b) After Court Proceedings. By local rule, either a member of court staff or the proponent may be designated as the custodian after court proceedings have concluded.

(1) Custodian. The custodian shall:

(i) retain or take custody of all documentary exhibits, photographs, and photographs of non-documentary exhibits accepted or rejected during the court proceeding;

(ii) file all documentary exhibits, photographs, and photographs of non-documentary exhibits with the records office within five business days of the conclusion of the court proceeding unless otherwise directed by the court; and

(iii) secure and maintain all other non-documentary exhibits as:

(A) directed by the court; or

(B) agreed to by the parties.

(2) Index of Exhibits. The custodian filing the exhibits with the records office shall include a numbered list of exhibits, and for each exhibit identify the proponent, whether the exhibit was admitted or rejected from evidence, and a textual description or identification of the exhibit.

(3) Confirmation. If the exhibits are transferred from a court staff-custodian to a proponent-custodian pursuant to local rule, the court staff-custodian shall confirm that the proponent-custodian has complied with subdivision (b)(1)(ii).

(4) Relief. If the custodian does not file the exhibits as required by subdivision (b)(1)(ii), the proponent, if not designated as the custodian or in possession of the exhibits by local rule, may seek appropriate relief with the court.

The custodian, if a member of court staff, may direct the proponent to secure and maintain exhibits that are bulky, oversized or otherwise physically impractical for the custodian to maintain during court proceedings. See Pa.R.J.A. 5103(c)(3).

Subdivision (b) reflects that the local rule shall establish the method for filing exhibits with the records office at the close of the court proceeding. Documentary exhibits, including photographs, filed with the records office are subject to existing record retention schedules. See, e.g., 16 P.S. § § 13001 et seq. (requiring a County Records Committee to establish schedules for the disposal and retention of county records); Pa.R.J.A. 507. A judicial district may establish a local rule on the subject of records retention providing guidance to proponents who are maintaining non-documentary exhibits. See Pa.R.J.A. 5104(a)(4).

Non-documentary exhibits typically will be returned to the proponent at the conclusion of the court proceeding. See Pa.R.J.A. 5103 for special provisions relating to oversized documents, photographs, non-documentary exhibits, and digital media. If the court has concerns about the proponent’s ability to retain an exhibit through the exhaustion of all appeals and post-trial actions, the court may direct other provisions for securing the exhibit. The court should take into consideration the possibility that a proponent may be incapable or unable to maintain and secure an exhibit, as well as the possibility that a proponent may tamper with or otherwise permit the degradation of an exhibit. The court should also consider any cases that may require special instructions for retention of non-documentary exhibits, such as in capital cases.

The exhibit list required by subdivision (b)(2) will enable the parties to easily determine the contents of a case record.

History

Source: The provisions of this Chapter 51 added September 11, 2023, effective April 1, 2024, 53 Pa.

201 Pa. Code Rule 5103 Custody of Exhibits. Special Provisions. {#sec-rule-5103 omnilex-key=us-pa-regs-official--title-201--Rule 5103}

(a) Documentary Exhibits.

(1) If a proponent offers into evidence an exhibit such as a letter, report, drawing, map, photograph, or other document that is larger in size than 8-1/2 x 11 inches, the proponent shall ensure that a copy of the document reduced to 8-1/2 x 11 inches (or smaller) is entered into the record.

(2) A proponent who provides a reduced copy of an oversized exhibit shall ensure that the reproduced document is clear and capable of further reproduction or transfer to digital media.

(b) Photographs.

(1) If a proponent offers into evidence a photograph, the proponent shall ensure that the original or a copy of the photograph in lieu of the original (no larger in size than 8-1/2 x 11 inches) is entered into the record.

(2) A proponent who provides a copy of a photograph shall ensure that the reproduced document is clear and capable of further reproduction or transfer to digital media.

(1) If a proponent offers into evidence a non-documentary exhibit, the proponent shall ensure that a photograph (no larger in size than 8-1/2 x 11 inches) of the exhibit is entered into the record in lieu of the non-documentary exhibit.

(2) A proponent who provides a photograph of a non-documentary exhibit shall ensure that the photograph is clear and capable of further reproduction or transfer to digital media.

(3) If the exhibit is bulky, oversized or otherwise physically impractical for a court staff-custodian to maintain, the court staff-custodian may direct that the proponent offering the exhibit maintain custody of it and secure it during the court proceeding.

(d) Non-documentary Exhibits: Weapons, Contraband, Hazardous Materials.

(1) In any proceeding in which weapons, cash, other items of value, drugs, or other dangerous materials are offered into evidence, the proponent shall secure the exhibits while the court proceeding is in session, as well as during all breaks and recesses.

(2) During the proceeding, the proponent shall exercise all appropriate safeguards necessary to protect the public based on the nature of the exhibit.

(3) Exhibits comprised of weapons, cash, other items of value, drugs, or other dangerous materials are prohibited from viewing in the jury room. The court may direct alternative viewing arrangements for such exhibits upon the request of the jury.

(e) Use of Digital Media. A proponent shall ensure that an exhibit in a digital format entered into the record is in a format acceptable to the court.

(f) Duplicates. The court may direct that the original item, and not a duplicate, be entered into the record.

If a local rule designates the proponent as the custodian, the proponent will be responsible for the safekeeping of exhibits during the court proceeding. If the proponent is designated as the custodian, in no event is the proponent required to take separate action to transfer an exhibit to himself or herself.

When documents and photographs are reduced in size and copied to comply with subdivisions (a)-(b) of this rule, the proponent must ensure that the quality of the document or photograph is not compromised. All documentary exhibits must be capable of clear reproduction. Subdivision (b) recognizes that a proponent may have a sentimental attachment to a photograph and may not want to relinquish it for inclusion in the record.

In subdivision (c), non-documentary exhibits comprise a broad spectrum of objects, including, but not limited to, jewelry, clothing, automobiles, furniture, as well as the items listed in subdivision (d). Each judicial district shall promulgate a local rule to establish standards for the handling of non-documentary exhibits that are bulky, oversized, or otherwise physically impractical for the custodian to maintain. See Pa.R.J.A. 5104(a)(4).

In subdivision (d), the phrase ‘‘weapons, cash, other items of value, drugs, or other dangerous materials’’ includes, but is not limited to, guns, knives, explosives, controlled substances, narcotics, intoxicants, currency, money, negotiable instruments, toxic materials, and biohazards. For purposes of this rule, ‘‘secured’’ means inaccessible by unauthorized persons. See UJS Pennsylvania Court Safety Manual for best practices on firearms handling. Courts should consider additional safety measures if substances likely to cause bodily harm are present in the courtroom, for example, fentanyl and its derivatives, or other substances known to be especially lethal or toxic.

Neither documentary exhibits of unusual bulk or weight nor non-documentary exhibits should be transmitted unless authorized by a party or by the prothonotary of the appellate court. See Pa.R.A.P. 1931(c). In the case of exhibits under subdivision (d) of this rule, such exhibits should only be transmitted by law enforcement personnel who are authorized to transport such items to the appellate court.

Regarding the use of media in the courtroom, technology is constantly evolving and judicial districts have access to varying levels of technology. As set forth in subdivision (e), a proponent offering an audio, visual, or computer file into evidence is solely responsible for ensuring the court has the means to access it during a court proceeding. Current technology may include the use of portable formats, such as flash drives and compact discs. A judicial district may identify acceptable formats for digital media by local rule.

With regard to other limitations on the use of duplicates, see Pa.R.E. 1003.

History

Source: The provisions of this Chapter 51 added September 11, 2023, effective April 1, 2024, 53 Pa.

201 Pa. Code Rule 5104 Local Rule. Prohibition. {#sec-rule-5104 omnilex-key=us-pa-regs-official--title-201--Rule 5104}

(a) Content of Local Rule. Every judicial district shall promulgate a local rule of judicial administration pursuant to Pa.R.J.A. 103(c) establishing the judicial district’s policies and procedures for the custody of exhibits in court proceedings. The local rule shall:

(1) designate the custodian to safeguard and maintain exhibits introduced in a court proceeding;

(2) establish standards to ensure exhibits are filed with the records office for incorporation into the docket no later than five business days after the end of the court proceeding;

(3) establish standards for the reproduction of oversized or voluminous documentary exhibits; and

(4) establish standards for the maintenance and security of bulky or oversized non-documentary exhibits during and after the court proceeding.

(b) Optional Provision. The judicial district may include a provision in its local rule to exclude record hearings that may be appealed de novo to a court of common pleas or upon which exceptions or objections can be filed to a court of common pleas from the provisions of this chapter.

(c) Prohibition. The automated systems of the Unified Judicial System (e.g., Common Pleas Case Management System, Pennsylvania Appellate Case Court Management System, and PACFile) shall not be used for submitting or storing exhibits as required by this chapter.

A local rule includes an Internal Operating Procedure adopted by an appellate court. See Pa.R.J.A. 5101(a)(5) (definition of local rule).

A ‘‘custodian’’ will either be a member of court staff, e.g., court reporter, clerk of court, hearing officer, or the proponent of the exhibit. See Pa.R.J.A. 5101(a)(2) (definition of custodian). When the proponent is designated as the custodian, the proponent will fulfill all the responsibilities of a custodian in accordance with Pa.R.J.A. 5102.

A local court security committee makes recommendations to the president judge on protocols, policies, and procedures that should be implemented to protect the public, court personnel, and court facilities in the event of an emergency. See Pa.R.J.A. 1954 (Court Security). The judicial district may consult with the local court security committee to identify best practices for the handling of exhibits.

The local rule shall designate the filing method, which may include electronic filing, although not via the automated systems of the Unified Judicial System. The designated method of filing exhibits with the records office will depend on the capabilities available to the judicial district. It is anticipated that some judicial districts will require the custodian to file exhibits with the records office immediately following the close of the court proceeding. Other judicial districts may require the proponents to file exhibits with the records office no later than five business days after the close of the court proceeding.

Subdivision (b) permits a judicial district to exempt certain record hearings from the provisions of this chapter by establishing a local rule. Under this exception, for example, proceedings before hearing officers in divorce, custody, support, delinquency, and dependency matters could be excluded from the general rules. While these proceedings are of record, some judicial districts may find that the burden of compliance outweighs the benefit of a statewide procedure for records handling.

History

Source: The provisions of this Chapter 51 added September 11, 2023, effective April 1, 2024, 53 Pa.

201 Pa. Code Rule 5105 Confidentiality. Exhibits Under Seal. {#sec-rule-5105 omnilex-key=us-pa-regs-official--title-201--Rule 5105}

(a) If an exhibit offered into evidence contains confidential information or confidential documents as defined in the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (‘‘Policy’’), the proponent shall give a copy of the exhibit and a certification prepared in compliance with the Policy and any related local rule to the records office no later than five days after the conclusion of the court proceeding.

(b) Any exhibit sealed by the court during the court proceeding shall not be accessible to the public.

Subdivision (a) of this rule relates to the confidentiality of information contained in exhibits. Although the Policy does not apply directly to exhibits, important policy considerations are set forth therein, particularly as it relates to personal identification information, as well as highly sensitive financial, medical, and psychological information. While the Policy does not address the handling of non-documentary exhibits, it is expected that parties will adhere to the policy considerations set forth therein and ensure that otherwise confidential information and documents are not made available through the record. Adhering to the guidance of the Policy will ensure that a protected version of the exhibit is maintained in the record for public viewing.

Subdivision (b) recognizes that some exhibits contain such highly sensitive information or images that they are sealed by the court during the court proceeding.

History

Source: The provisions of this Chapter 51 added September 11, 2023, effective April 1, 2024, 53 Pa.