Fay. Cnty. Pa. 4008

As amended through September 26, 2023
Rule 4008 - Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof
(A) Costs
(1) The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript in an electronic format shall not exceed:
(a) for an ordinary transcript, $2.50 per page;
(b) for an expedited transcript, $3.50 per page;
(c) for a daily transcript, $4.50 per page; and
(d) for same day delivery, $6.50 per page.
(2) When the transcript is prepared in bound paper format, the costs shall be in accordance with paragraph (1) relating to electronic format plus a surcharge of $0.25 per page.
(B) Economic hardship -- In cases of economic hardship, where the matter is under appeal or a transcript is necessary to advance the litigation, the costs of procuring the transcript shall be waived or otherwise adjusted by the court as provided herein. In cases of economic hardship where there is no appeal pending or there exists no obvious need for the transcript to advance the litigation, the requesting party must demonstrate good cause shown before the court shall waive or adjust the cost of obtaining the transcript.
(1) Transcript costs for ordinary transcripts in matters under appeal or where the transcript is necessary to advance the litigation shall be waived for a litigant who has been permitted by the court to proceed in forma pauperis or whose income is less than 125 percent of the poverty line as defined by the U.S. Department of Health and Human Services (HHS) poverty guidelines for the current year.
(2) Transcript costs for ordinary transcripts in matters under appeal or where the transcript is necessary to advance the litigation shall be reduced by one-half for a litigant whose income is less than 200 percent of the poverty line as defined by the HHS poverty guidelines for the current year.
(3) Transcript costs for ordinary transcripts in matters that are not subject to an appeal, where the transcript is not necessary to advance the litigation, or for expedited, daily, rough draft or same day transcripts may be waived at the court's discretion for parties who qualify for economic hardship under subdivision (B)(1) or (B)(2) and upon good cause shown.
(4) To request a waiver of all or a portion of transcript costs in accordance with 4008(B)(1) through (B)(3), the applicant must attach to the Request for Transcript a "Petition to Proceed In Forma Pauperis and Affidavit" in the form required by 240(h) of the Pennsylvania Rules of Civil Procedure. The Petition and Affidavit are available in the office or on the website of the Administrative Office of Fayette County Courts. The applicant must file the Petition and Affidavit in the appropriate filing office and provide a copy to the Administrative Office of Fayette County Courts for presentation as a routine motion to the presiding judge.
(5) To proceed under 4008(B)(3), after presentation of the "Petition to Proceed In Forma Pauperis and Affidavit" through Motions Court, the presiding judge, at his or her discretion, may schedule a hearing to determine whether the applicant has established good cause to receive a waiver of all or a portion of transcript costs. The determination of good cause shown is at the discretion of the presiding judge.
(6) Litigants who have been approved for representation by legal aid services are not required to prove economic hardship. Legal aid services shall be entitled to obtain ordinary transcripts for no cost by attaching to their Request for Transcript a letter of certification verifying in accordance with 4008(B) that the represented client meets financial eligibility and that the matter is under appeal or that the transcript being requested is necessary to advance the current litigation.
(7) Transcripts requested in accordance with 4008(B)(1) through (B)(3) shall have costs imputed to the County of Fayette for payment to the court reporter. In accordance with 4007(E), no deposit shall be required.
(C) Assignment and allocation of transcript costs
(1) Assignment of costs. The requesting party, or party required by general rule to file a transcript, shall be responsible for the cost of the transcript.

Original costs to produce the transcript shall not be assessed against any party for transcripts prepared at the initiation of the court.

(2) Allocation of costs. When more than one party requests the transcript, or are required by general rule to file the transcript, the cost shall be divided equally among the parties.
(D) Copies of transcript
(1) A request for a copy of any transcript previously ordered, transcribed and filed of record shall be made pursuant to the "Request for Transcript or Copy" form and the request filed with the Administrative Office of Fayette County Courts.
(a) If the request is for an electronic copy, the Administrative Office of Fayette County Courts shall collect $0.50 per page and direct the court reporter to provide the electronic copy to the district court administrator for the requesting party.
(b) If the request is for a paper format copy, the district court administrator shall notify the filing office to collect $0.75 per page, prepare a paper copy of the transcript, and provide the copy to the requesting party.

Fay. Cnty. Pa. 4008

Adopted January 12, 2017, effective 3/6/2017.