Rule 5102 - General ProvisionsLocal Rules 5102 and 5103 are issued to align Potter County Court of Common Pleas practice and procedure with Pa.R.J.A. 5101 - 5105. Reference to Pa.R.J.A. 5102 -5105 shall be made when interpreting Potter County Local Rules 5102 and 5103 and when determining the procedure and practice for Exhibit Retention in Potter County.
The court recorder /monitor or court reporter for all, or a portion, of a court proceeding shall be designated as the "Custodian," as defined by Pa.R.J.A. 5101(a)(2), for all documentary exhibits, photographs, and photographs of non-documentary exhibits accepted during the court proceeding.
(a) If only one custodian is involved with a proceeding, they shall file with the appropriate records office (Prothonotary / Clerk of Courts or Orphan's Court) all submitted exhibits, with the exception of non-documentary exhibits, and index of exhibits within 5 business days of the conclusion of the proceeding.(b) The proponent (party that moved exhibit into evidence) shall assure that document evidence is in a format, including size and material, that is compatible with being filed and easily stored by the records office. If, due to the nature of the proceeding and the requirement that an oversized or undersized document exhibit be entered into evidence that is not easily capable of storage by the records office, then the records office may request that alternate measures be undertaken for storage of this document evidence, including that the proponent retain custody in conformance with Rule 5103 for physical evidence.(c) If multiple custodians are involved with a proceeding, the first custodian shall provide the subsequent custodian (and so on, if more than two custodians) with the submitted exhibits and index of exhibits. The custodian at the conclusion of the proceeding shall file with the appropriate records office all submitted exhibits and index of exhibits within 5 business days of the conclusion of the proceeding.Adopted effective 4/1/2024.