969 Custody of evidence admitted in court; no. 808 of 2014 GD

FAYETTE COUNTY

Custody of Evidence Admitted in Court; No. 808 of 2014 GD

[44 Pa.B. 2750]
[Saturday, May 10, 2014]

Administrative Order

 And Now, this 23rd day of April, 2014, it is hereby Ordered that our pre-existing practice with regard to the Custody of Evidence Admitted in Court is stated as follows.

 The Prothonotary is directed as follows:

 (1) Seven certified copies of the order and policy shall be filed with the Administrative Office of Pennsylvania Courts.

 (2) Two certified copies and diskette of the order and policy shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 (3) One certified copy of this order shall be sent to the State Civil Procedural Rules Committee.

 (4) One certified copy shall be sent to the Fayette County Law Library and the Editor of the Fayette Legal Journal.

 The adoption of the Custody of Evidence Admitted in Court policy shall become effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

JOHN F. WAGNER, Jr., 
President Judge

Custody of Evidence Admitted in Court

 (1) ALL evidence offered by a party in any civil, criminal, juvenile or orphans' court proceeding SHALL, after admission, remain in the custody of counsel for the party offering said evidence; and counsel for the offering party SHALL be required to secure and maintain the evidence, unadulterated, and insure the evidence is present in Court during all Court proceedings and available for jury deliberation.

 (2) Counsel for the parties shall be required to secure and maintain all evidence admitted in Court throughout the pendency of all appeals.

 (3) Under NO CIRCUMSTANCES SHALL the Court, or any officer thereof, take custody of any controlled substances, intoxicants, firearms, explosives, currency, money, or negotiable instruments admitted into evidence in Court. Nor shall any of the aforementioned items be permitted to be in the custody of a jury at any time, including deliberations.

 If during deliberations, the jury requests to view such evidence, the Court in its discretion, may permit such viewing in open court or by providing the evidence to a Deputy Sheriff who shall display the evidence to the jury in the jury room. In so doing, the Deputy Sheriff shall at all times maintain custody of such evidence and shall not speak or answer any questions.

 (4) All such evidence as described in paragraph (3) shall remain in the custody of the offering party and may only be disposed of by return, forfeiture, or destruction pursuant to a Court Order and according to law.

[Pa.B. Doc. No. 14-969. Filed for public inspection May 9, 2014, 9:00 a.m.]