Title 255—LOCAL
COURT RULESADAMS COUNTY Rules of Judicial Administration; Administrative Order No. 5 of 2016 [46 Pa.B. 3239]
[Saturday, June 25, 2016]Order of Court And Now, this 9th day of June, 2016, It Is Hereby Ordered that the following rule be added to the Adams County Rules of Judicial Administration:
325. Exhibits Generally.
A. When the Clerk of Courts or Prothonotary is serving the Court and present during a judicial proceeding and an attorney or party needs to have an exhibit entered into evidence:
1. The Clerk of Courts or Prothonotary shall be responsible for marking the exhibit.
2. For criminal matters, the Clerk of Courts shall be responsible for maintaining an exhibit sheet.
3. When the proceeding has adjourned, the Clerk of Courts or Prothonotary shall be responsible for taking and maintaining possession of all exhibits that have been admitted into evidence;
a. Placement of the document exhibits in the appropriate file;
b. If there are other physical exhibits (weapons, instruments of crime/fraud, etc.), the Sheriff's Office will provide the Clerk of Courts or Prothonotary with an escort to the filing office.
4. Court Reporters shall be responsible for providing blank exhibit tags to the Clerk of Courts or Prothonotary.
B. If neither the Clerk of Courts nor Prothonotary is serving the Court and present during a judicial proceeding and an attorney or party needs to have an exhibit entered into evidence:
1. The Court Reporter shall be responsible for marking exhibits;
2. For criminal matters, the Court Reporter shall be responsible for maintaining an exhibit sheet to be filed with the Clerk of Courts.
3. When the proceeding for which neither the Clerk of Courts nor Prothonotary were present has concluded for the day:
a. The Tipstaff in charge of the courtroom shall be responsible for:
i. Gathering all exhibits;
ii. For criminal matters, gathering the exhibit sheet from the Court Reporter;
iii. If applicable, verifying that the exhibits match the items listed on the sheet;
iv. Returning the exhibits and exhibit sheet, if applicable, to the appropriate filing office, who shall verify receipt of all exhibits upon acceptance.
b. The Sheriff in charge of the courtroom shall be responsible to escort the Tipstaff to the filing office if there are other physical exhibits (weapons, instruments of crime/fraud, illegal substances, etc.).
4. If the court proceeding ends for the day after the closing of a filing office, the Chief Tipstaff or designee shall ensure the securing of all exhibits in a locked area that is only accessible to the Chief Tipstaff or designee.
a. If the court proceeding resumes the next business day, the Chief Tipstaff or designee shall return the exhibits to the courtroom unless otherwise instructed by the presiding Judge.
b. If the court proceeding has concluded, the Chief Tipstaff or designee shall return the exhibits to the appropriate filing office at the beginning of the next business day, to be escorted by the Sheriff's Office if there are other physical exhibits (weapons, instruments of crime/fraud, illegal substances, etc.).
C. In the event the Court takes a matter under advisement and needs to maintain the exhibits, the Tipstaff in charge of the courtroom shall:
1. Gather the exhibits;
2. For criminal matters, gather the exhibit sheet from the Court Reporter;
3. Secure the exhibits in a locked area that is only accessible to the Chief Tipstaff or designee and to allow them to be removed when the presiding Judge requests to examine them, and to re-secure them when the presiding Judge is no longer needs them;
4. When instructed by the presiding Judge, return the exhibits to the appropriate filing office, to be escorted by the Sheriff's Office if there are other physical exhibits (weapons, instruments of crime/fraud, illegal substances, etc.).
D. The handling of exhibits as described in this Rule only applies to exhibits that have been admitted by the Court. Any exhibits introduced but not admitted by the Court shall be the responsibility of the party that introduced the exhibit.
This rule shall become effective thirty (30) days after publication in the Pennsylvania Bulletin. It Is Further Directed that:
A. This Order shall be filed in the Office of the Prothonotary of Adams County and a copy thereof shall be filed with the Adams County Clerk of Courts Office and the Adams County Law Library for inspection and copying;
B. One (1) certified copy of this Order shall be forwarded to the Administrative Office of the Pennsylvania Courts for distribution in accordance with the provisions of Pa.R.J.A. 103(c)(5); and
C. Two (2) certified copies of this Order together with a computer diskette that complies with the requirement of 1 Pa. Code § 13.11(b), or other compliant format per 1 Pa. Code § 13.11(d), containing the test of the local rule(s) adopted hereby shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
By the Court
MICHAEL A. GEORGE,
President Judge[Pa.B. Doc. No. 16-1059. Filed for public inspection June 24, 2016, 9:00 a.m.]
