Alle. Cnty. Pa. 5102.3

Current through July 3, 2024
Rule 5102.3 - Criminal Division Custody Of Exhibits. General Provisions
(a) In all Criminal Division court proceedings, the trial judge must designate an individual who shall serve as that party's custodian of exhibits throughout the court proceedings and until such time as the court proceedings conclude.
1. The custodian of exhibits shall be identified at the outset of the court proceedings, and all parties' custodian's names shall be placed on the record. The default custodian shall be the trial for each party who enters an appearance in the particular proceeding.
2. The Court shall identify a Court custodian whose role during the court proceedings shall be limited to locking the Courtroom at the conclusion of each day of the court proceedings and opening the Courtroom at the beginning of each day of the court proceedings. The default court custodian shall be the courtroom tipstaff.
3. If the Court determines that a pro se party is unable to perform the duties of a custodian, stand-by counsel will serve as the custodian. In the event that stand-by counsel has not been appointed, the Public Defender's Office will be appointed as custodian.
(b) During and throughout the court proceedings, including breaks and recesses, the custodians shall secure and maintain all exhibits, unless otherwise provided in Pa. R.J.A. 5103(c)-(d).
(c) The trial court judge shall maintain a paper record of all exhibits along with an index, using the number or letter used by the proponent, noting whether the exhibit was admitted or rejected.
(d) After court proceedings the exhibit custodian(s) shall:
1. Retain or take custody of all documentary exhibits, photographs, and photographs of nondocumentary exhibits accepted or rejected during the court proceedings. All other physical evidence, including but not limited to weapons, drugs and biological material will remain in the custody of the affiant.
2. File all documentary exhibits, photographs, and photographs of non-documentary exhibits with the Department of Court Records office within five (5) business days of the conclusion of the court proceedings unless otherwise directed by the Court;
a. Prior to the filing, the exhibit custodians shall reconcile the exhibit index with the Court.
b. The custodians filing exhibits shall include an index of exhibits.
c. The index shall identify the exhibit using the number or letter used by the proponent during the court proceedings, whether the exhibit was admitted or rejected from evidence, and provide a description of the exhibit.
d. A stamped copy of the filed index of exhibits shall also be provided to the court custodian after filing with the Department of Court Records.
3. Secure and maintain all other non-documentary exhibits as directed by the Court, or as agreed to by the parties.
4. If one or both parties fails to file the exhibit index, the Court, sua sponte or at the behest of either party, may issue an order granting appropriate relief and/or schedule a hearing.
a. If a custodian determines that another party's custodian has not filed the exhibits pursuant to this rule within five (5) business days, the complying party or parties may seek appropriate relief with the Court regarding the non-compliant custodian's failure to file their exhibits.

Alle. Cnty. Pa. 5102.3

Adopted effective 4/9/2024.

Comment: The Parties may benefit from working collaboratively to stipulate to those unobjectionable trial exhibits, prior to trial, and file said stipulation(s) with accompanying index of exhibits, and exhibits, with the Department of Court Records.