Section 65.54. Submission of Application to Assigned Judge

The applicant should submit the application, affidavit and proposed order to the assigned judge in chambers. This ex parte proceeding need not be on the record if all the necessary information required by the judge is contained within the four corners of the application. However, any additional testimony or explanation, if supplied orally, must be made of record. A tape recorder or court reporter may be utilized and must be provided by the applicant. The judge should be requested to direct the court reporter to transcribe the proceedings as expeditiously as possible and to submit the stenographic notes and original transcript to the Court for sealing at the earliest possible moment. The Court should instruct all present concerning the need for confidentiality.

Comment

It is up to the issuing judge whether to simply conduct the entire proceeding on the record. If a tape recorder is utilized, at the close of the hearing, the tape is to be sealed with the application. Further, the judge may require that all additional information be in writing instead of the taking of any oral testimony.

The provisions of this § 65.54 amended June 10, 2015, effective June 10, 2015, 45 Pa.B. 5906. Immediately preceding text appears at serial page (373770).