Section 2189. Reproduced Record in Cases Involving the Death Penalty

(a) Number of Copies.—Any provisions of these rules to the contrary notwithstanding, in all cases involving the death penalty, eight copies of the entire record shall be reproduced and filed with the prothonotary of the Supreme Court, unless the Supreme Court shall by order in a particular case direct filing of a lesser number.

(b) Costs of Reproduction.—Appellant, or, in cases where appellant has been permitted to proceed in forma pauperis, the county where the prosecution was commenced, shall bear the cost of reproduction.

(c) Prior Rules Superseded.—To the extent that this rule conflicts with provisions of Rule 2151(a), (b) (relating to necessity of reproduction of records); Rule 2152 (relating to content of reproduced records); Rule 2154(a) (relating to designation of contents of reproduced records); Rule 2155 (allocating costs of reproduction of records); and Rule 2187(a), (prescribing numbers of copies of reproduced record to be filed), the same are superseded.

Official Note

The death penalty statute, 42 Pa.C.S. § 9711, provides that the Supreme Court Prothonotary must send a copy of the lower court record to the Governor after the Supreme Court affirms a sentence of death. The statute does not state who is responsible for preparing the copy. This amendment provides for preparation of the Governor’s copy of the record before the record is sent to the Supreme Court.

The provisions of this Rule 2189 adopted December 1, 1982, effective December 1, 1982, 12 Pa.B. 4332; amended June 28, 1985, effective July 20, 1985, 15 Pa.B. 2635. Immediately preceding text appears at serial page (81673).