Armst. Cnty. Pa. 1904

Current through February 13, 2020
Rule 1904 - Custody, Storage and Disposal of Exhibits
(a) The term "official custodian," as used in this rule, shall mean the Prothonotary, Clerk of Courts, or Clerk of the Orphans' Court Division, as the case may be.
(b) All exhibits received in evidence, or offered and rejected, upon the hearing of any cause or motion shall be delivered to the official custodian, who shall keep the same in custody, unless otherwise ordered by the Court.
(c) All exhibits initially taken into custody by the official custodian shall be taken from the custody of the official custodian by the party who produced or offered them, or by such party's attorney of record, within ninety (90) days after the discontinuance of the case or the entry of a final judgment by the Court, or, in the event of an appeal, within ninety (90) days of the disposition of the case by the appellate court; otherwise, such exhibits shall be deemed to have been abandoned. The person seeking a return of exhibits shall, upon request, produce such identification as may satisfy the official custodian. After a return of exhibits, the official custodian shall enter the act upon the appropriate docket.
(d) The official custodian may petition the Court in writing for an order authorizing the destruction or disposal of any abandoned exhibits; provided, however, that the official custodian shall give written notice to the attorney of record of the party who produced or offered the exhibits, or if there is no attorney of record, to the unrepresented party, at least thirty (30) days in advance of the presentation of the petition, by regular mail sent to the attorney's or the party's last known address. The notice shall be substantially in the form prescribed by Appendix X of these Local Rules.
(e) After the destruction or disposal of an exhibit, the official custodian shall verify such destruction or disposal by affidavit filed in the appropriate case file. The affidavit shall include a description of the method and date of disposal.

Armst. Cnty. Pa. 1904