Carbon County Court of Common Pleas

Rules of Judicial Administration

Updated 12/23/16

 

          Rule 101                                                     Title and Citation

 

          Rule 1901                                                   Prompt Disposition of Matters; Termination of Inactive Cases

 

          Rule 4007                                                   Submitting and Processing Transcript Requests

 

          Rule 4008                                                   Transcript Costs Payable by a Requesting Party

 

          Rule 4009                                                   Compensation to be Paid to Court Reporters

 

          Rule 4014                                                   Automatic Redaction of Certain Personal Data Identifiers

 

          Rule 4016                                                   Storage and Retention of Exhibits

 

 

 

 

RULE 101 - TITLE AND CITATION

 

These Rules shall be known as the Carbon County Rules of Judicial Administration and may be cited as “C.C.R.J.A.-    .”

 

Effective January 1, 2017

 

 

RULE 1901 - PROMPT DISPOSITION OF MATTERS; TERMINATION OF INACTIVE CASES

 

A.       Cases before the Court of Common Pleas:

 

          The Prothonotary, Register of Wills/Clerk of Orphans Court, and Clerk of Courts shall prepare and forward to the District Court Administrator a list of all cases in which no steps or proceedings have been taken for two years or more prior to the 15th day of August of each year for call on the following first Monday of December, or on such other date as the Court by special order may direct.  Notice of the proposed termination as provided by Pa.R.J.A. 1901 (c), and as provided by Pa.R.C.P. 230.2 for actions governed by the Pennsylvania Rules of Court Procedure, shall be given by the Prothonotary, Register of Wills/Clerk of Orphans Court, and Clerk of Courts, as applicable, to all parties and/or attorneys prior to the call, including, where required, by publication in the Carbon County Law Journal.  If no action is taken, or written objection or statement of intention to proceed is filed, prior to the call, or if good cause for continuing the matter is not shown at the call, the Court shall enter an order dismissing the proceedings.

 

B.       Cases before the Magisterial District Courts:

 

1.       On or before the 15th day of November of each year, each Magisterial District Court shall:

 

          a.       Identify all summary citations or tickets issued, including these for violation of any local ordinance, where no plea has been entered or other disposition rendered, and there is no evidence of activity for the immediately preceding three year period.

 

          b.       Compile a list for all cases identified in subparagraph (a) above and attach a secure docket sheet that indicates the name of the affiant, the name of the defendant, the docket number and the charge(s) associated with the docket number.

 

          c.       Forward this list with attachments to the District Court Administrator.

 

          2.       Upon receipt of this list, the District Court Administrator shall:

 

                   a.       Publish the list in the Carbon County Law Journal.

 

                   b.       Provide a copy of the list to the Carbon County District Attorney.

 

          3.       The publication shall include a notice that the matters listed shall be terminated after thirty (30) days of publication unless a party to the proceeding requests a hearing from the appropriate Magisterial District Court.

 

                   a.       If the defendant requests a hearing, the matter shall promptly be scheduled for such hearing or other disposition pursuant to the Rules of Criminal Procedure.

 

                   b.       If the Commonwealth requests a hearing to oppose termination, the matter shall promptly be scheduled to determine if termination is appropriate.

 

                   c.       Disposition of any hearing, including hearings where a citation or ticket is dismissed over the objection of the Commonwealth, shall be filed of record in the MDJS.

 

                   d.       The Commonwealth shall have the right to appeal any determination to the Court of Common Pleas within the time period for Summary Appeals pursuant to the Rules of Criminal Procedure.

 

          4.       In the event a hearing is not requested within thirty (30) days of publication, the Magisterial District Judge shall:

 

                   a.       Dismiss any summary traffic and non-traffic citation or parking violation filed which was issued three years prior to November 15th of each respective year.

 

                   b.       Vacate any active warrant issued for the dismissed summary citation or ticket and promptly remove the warrant from MDJS.

 

                   c.       Forward notice to the Pennsylvania Department of Transportation that the citation or ticket has been dismissed and request withdrawal of the defendant's license suspension, if applicable, pursuant to Pa.R.Crim.P. 470.

 

                   d.       Promptly forward to the District Court Administrator a list of all cases which have been dismissed.

 

Effective July 1, 2004

Revision effective December 31, 2016

 

 

RULE 4007 - SUBMITTING AND PROCESSING TRANSCRIPT REQUESTS - LOCAL RULE

 

A.       Transcript Requests:

 

1.            All requests for transcripts shall be set forth on the standardized form provided by the Administrative Office of Pennsylvania Courts.

2.            The request form shall be submitted to the District Court Administrator with copies to the Presiding Judge, the court reporter and opposing counsel/unrepresented party.

3.            Upon receipt of a transcript request, the court reporter shall provide the District Court Administrator and the requesting party with an estimated cost of the transcript requested and except where the Court or County is responsible for the cost, shall notify the requesting party to submit a check payable to the County of Carbon in an amount of no less than one-half of the estimated total cost. Said check shall be delivered to the District Court Administrator. Upon receipt of this deposit, the District Court Administrator will notify the court reporter to prepare the transcript.

4.            When the transcript is completed, the court reporter shall so notify the District Court Administrator and the requesting party of this fact and of the final balance due.  A check payable to the County of Carbon for the final balance due shall be delivered to the District Court Administrator by the requesting party.  Upon receipt of the final balance due, the District Court Administrator will notify the court reporter to file the transcript in the appropriate filing office and provide copies to the parties.

5.            All checks submitted for transcripts shall be forwarded by the District Court Administrator to the appropriate filing office where the original case file is located.  Said filing office shall deposit and record the transcript costs paid and shall forward the funds to the County of Carbon.

6.            Any request by a litigant for a transcript pursuant to Pa.R.J.A. 4007 (E) alleging inability to pay due to economic hardship must be directed to the Presiding Judge for determination as provided in Rule 4008 (B) and shall be accompanied by a proposed order granting the requested relief.

7.            All production of transcripts by the court reporters shall be in compliance with Pa.R.J.A. Rules 4001 et seq.

8.            In addition to the filing requirements of Rule 4006 (F) (matters on  appeal), court reporters shall file a separate monthly report with the District Court Administrator of all ordered or requested transcripts for matters not under appeal on a form to be provided by the District Court Administrator.  On this form, the court reporters shall report on the status of each request or order for a transcript of court proceedings in chronological order starting with the earliest request or order made to the most recent.

Effective January 1, 2017

 

 

RULE 4008 - TRANSCRIPT COSTS PAYABLE BY A REQUESTING PARTY - LOCAL RULE

 

A.       Transcript Costs:

 

1.            The charge to a requesting party for transcripts of judicial proceedings in the Courts of Carbon County prepared by a court reporter shall be as follows:

a.            For a requesting party other than the Commonwealth or a political subdivision of this Commonwealth when the transcript is provided in electronic format:

(1)         $2.50 per page for an ordinary transcript;

(2)         $3.50 per page for an expedited transcript (when available);

(3)         $4.50 per page for daily transcript (when available); and

(4)         $6.50 per page for same day delivery for transcripts delivered within six (6) hours of the close of the court session (when available).

Any transcript prepared in bound paper format shall include a $0.25 per page surcharge.

 

b.            For the Commonwealth or a Political Subdivision of this Commonwealth when the transcript is provided in electronic format:

(1)         $2.00 per page for an ordinary transcript, plus $1.00 per page for a copy requested by a party other than the Commonwealth or a political subdivision (provided that if more than one such party requests a copy, the aggregate cost of these copies to all requesting parties shall not exceed $2.50 per page);

(2)         $3.00 per page for an expedited transcript (when available), plus $1.00 per page for a copy requested by a party other than the Commonwealth or a political subdivision (provided that if more than one such party requests a copy, the aggregate cost of these copies to all requesting parties shall not exceed $3.50 per page);

(3)         $4.00 per page for a daily transcript (when available), plus $1.00 per page for a copy requested by a party other than the Commonwealth or a political subdivision (provided that if more than one such party requests a copy, the aggregate cost of these copies to all requesting parties shall not exceed $4.50 per page); and

(4)         $5.00 per page for same day delivery for transcripts delivered within six (6) hours of the close of the court session (when available), plus $1.00 per page for a copy requested by a party other than the Commonwealth or a political subdivision (provided that if more than one such party requests a copy, the aggregate cost of these copies to all requesting parties shall not exceed $6.50 per page).

 

Any transcript prepared in bound paper format shall include a $0.25 per page surcharge.

 

c.       For cases such as mass tort, medical malpractice or unusually complex litigation for which court reporters need to significantly expand their dictionary, upon certification of this need by the court reporter and approval by the presiding trial judge, a surcharge of $0.25 per page will be added to the foregoing rates charged the requesting party.

 

2.            The charge for a rough draft transcript of judicial proceedings in the Courts of Carbon County prepared by a court reporter is hereby set at $1.00 per page for an ordinary draft and $2.25 per page for a daily rough draft (when available).

3.            For any party who requests real time transmission of the court reporter’s translated notes instantaneously by an electronic feed to a laptop, tablet, phone or other portable electronic device via cable, Wi-Fi, router or Bluetooth, the party, media or other interested individual making such request (after first checking with the District Court Administrator that real time transmission is available) shall (1) file their request with the District Court Administrator a minimum of fourteen days in advance of the proceeding; (2) be required to cover the cost of the electronic connection to accommodate such request; and (3) be charged a fee of $150.00 for each half day or less of transcription services provided by the court reporters and $300.00 for each day in which the proceedings exceed a half day.

 

B.       Waiver/Reduction of Transcript Costs:

 

1.            Ordinary transcripts requested by litigants in matters under appeal or where the transcript is necessary to advance the litigation who meet the minimum standards for economic hardship pursuant to Pa. R.J.A. 4008 (B) (1) and (B) (2) shall attach to their transcript request an affidavit in support of any request to waive all or a portion of the transcription costs.

2.            The cost for ordinary transcripts in matters that are not under appeal or where the transcript is not necessary to advance the litigation, and the cost for expedited, daily, rough draft or same day delivery transcripts (when available) to litigants who meet the minimum standards for economic hardship pursuant to Pa.R.J.A. 4008 (B) (1) and (B) (2) and who request a waiver or reduction in transcript fees shall have attached to the transcript request an affidavit in support of any request to waive all or a portion of the costs of transcription.  Costs may be waived at the Court's discretion upon good cause shown.

3.            The affidavit required by Subsection (B) (1) and (B) (2) shall be in substantially the form required by Pa.R.C.P. 240 (h).

4.            Litigants who have been approved for representation by legal aid services shall not be required to prove economic hardship and shall be entitled to obtain ordinary transcripts at no cost.  Legal aid services must provide to the Presiding Judge and attach to their transcript request a letter of certification verifying in accordance with Pa.R.J.A. 4008 (B) that the represented client meets financial eligibility and that the matter is under appeal or that the transcript being requested is necessary to advance the current litigation.  

C.       Cost for Copies of Filed Transcripts:

1.            Any requests for copies of transcripts that have been previously ordered, transcribed and filed of record shall be provided by the filing office at the following copy rates, which funds shall be turned over to the County of Carbon:

a.            $0.75 per page bound, paper format; and

b.            $0.50 per page electronic copy.

 

Effective January 1, 2017

 

 

RULE 4009 - COMPENSATION TO BE PAID TO COURT REPORTERS - LOCAL RULE

 

A.           In accordance with Pa.R.J.A. 4009, requiring the promulgation and publishing of a local rule establishing the fees to be paid for all court reporting products and the comment following Pa.R.J.A. 4007, the following amounts shall be paid to court reporters for their professional services as indicated below:

1.            For transcripts requested by a party other than the Commonwealth or a political subdivision, court reporters shall be paid for their professional services an amount equal to the amount charged a requesting party as set forth in Rule 4008 (A)(1)(a) and (c) (if applicable), plus an additional $1.00 per page.

2.            For transcripts requested by the Commonwealth or a political subdivision, court reporters shall be paid for their professional services an amount equal to the amount charged a requesting party as set forth in Rule 4008 (A)(1)(b) and (c) (if applicable), plus an additional $1.00 per page for copies requested by a party other than the Commonwealth or a political subdivision.

3.            For a rough draft transcript, court reporters shall be paid for their professional services an amount equal to the amount charged a requesting party as set forth in Rule 4008 (A)(2).

4.            For real time transmission of the court reporters’ translated notes, court reporters shall be paid for their professional services the sum of $150.00 for each half day or less of transcription services provided and $300.00 for each day in which the proceedings exceed a half day.

5.            The amount of compensation to be paid to court reporters for their professional services in the preparation and production of transcripts is not to be reduced notwithstanding the waiver or reduction in the cost of a transcript to a litigant pursuant to Rule 4008 (B).

6.            It is the intent of this Rule to ensure that court reporters shall continue to be compensated for the preparation of transcripts in an amount substantially the same as that previously received by court reporters for these services prior to the Pennsylvania Supreme Court’s adoption of Pa.R.J.A. Nos. 4007-4009 and is not intended to reduce or otherwise limit the income of court reporters.

Effective January 1, 2017

 

 

RULE 4014 - AUTOMATIC REDACTION OF CERTAIN PERSONAL DATA IDENTIFIERS -  LOCAL RULE

 

A.       Unless otherwise directed by the Presiding Judge, the court reporter preparing the transcript shall redact from the original transcript filed in the appropriate filing office those personal data identifiers for which redaction software has been obtained and is being utilized in such filing office, but these identifiers shall not be redacted on transcripts that are provided to the Court and to the parties.  Currently, the software being utilized by the Prothonotary’s Office redacts the following personal data identifiers:

 

1.            Social Security Numbers, all but the last four digits;

2.            Driver's License Number, all but the last four digits;

3.            Vehicle Identification Numbers, all but the last four digits;

4.            Financial institutions account numbers, all but the last four digits;

5.            Dates of Birth, except year;

6.            Names of minor children, except for the first initial of the first and last names.  

 

Effective January 1, 2017

 

 

RULE 4016 - STORAGE AND RETENTION OF EXHIBITS -  LOCAL RULE

 

In any proceeding in which cash, drugs, weapons or other dangerous materials are marked as exhibits and admitted into evidence, such exhibits shall be kept in secure locations by law enforcement for production on appeal or for a new trial, or pending forfeiture or a destruction order of the Court.  With respect to those files whose contents are required to be kept confidential, as well as any other matters where the files have been sealed or access to the files has been restricted, exhibits admitted into evidence as part of the Court record shall be maintained with the official Court record in the appropriate filing office, excluding those exhibits identified in the preceding sentence.  All other exhibits admitted into evidence in a Court proceeding shall be retained by the court reporter in a secure location provided by the County for these purposes.

 

Effective January 1, 2017