Carbon County Court of Common Pleas
Rules of Judicial Administration
Updated 12/23/16
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
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