Rule 4018.1 - Record Reproduction Services Rule(A) Records Reproduction Service(s) refers to all persons, partnerships, business organizations, corporations, or other entities that provide or offer to provide record reproduction services to attorneys, or parties in any proceeding in the Court of Common Pleas, Philadelphia County.(B) All persons or organizations providing record reproduction services to attorneys or parties in matters proceeding in the Court of Common Pleas, Philadelphia County, are required to comply with the following regulations governing certification, notices of the reproduction of records, methods and procedures for reproduction, notice to producing parties, examination of records, and provisions. Lawyers and law firms are required to comply with all regulations except certification.(C) All record reproduction services shall file an annual certification with the Office of Judicial Records on or before the first business day of January for the year in which record reproduction services are to be offered by the organization or entity. The form of certification shall be as follows: CERTIFICATION
TO THE PROTHONOTARY, COURT OF COMMON PLEAS
PHILADELPHIA COUNTY:
The undersigned is an officer (or other duly authorized representative) of the records reproduction service known as _____________________________________________________________________________
with principal offices located at ____________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
In accordance with Philadelphia Civil Rule 4018.1 relating to the operation and utilization of record reproduction services in matters proceeding in the Court of Common Pleas, Philadelphia County, the following certification is made:
(1) This organization has reviewed the rules governing reproduction services and will comply with them;(2) This organization is insured and evidence of insurance, by certificate of the insurer, is attached;(3) This organization has the necessary equipment and personnel to comply with all requirements of the rules in a timely fashion;(4) In accordance with applicable rules the following Center City location is designated as the office where records will be made available for examination by counsel: ______________________________________________________________________________________ ______________________________________________________________________________________
Signature ______________________________________________
Name of Certifying Person ______________________________________________
Capacity Position ______________________________________________
Name of Service ______________________________________________
Date _____________________
(D)(1) The record reproduction service will give fifteen days notice to all parties before it serves a records reproduction subpoena or other notice or request upon the records custodian;(2) The notice shall be accompanied by a copy of the subpoena proposed to be served along with any other document to be served upon the record holder;(3) The notice or subpoena must give the records custodian at least ten days within which to produce the records;(4) An objection to this procedure may be sent to the records reproduction service and all parties within fifteen days of receipt of the notice. An objection noted on the counsel return card, that must be sent by the record reproduction service, or a letter objection is sufficient and no format protective motion need be filed.2 Upon receipt of an objection, the record reproduction service shall refrain from any action contrary to the objection until receipt of a Court Order or further notice by the objecting party;(5) The notice shall identify the records, the custodian and the party who has made the request;(6) The notice and the counsel return card shall be in the forms shown in Appendices A and B stating that if the Return Card is not sent back to the record reproduction service or is returned stating no objection thereon, the subpoena shall be sent to the records custodian fifteen days from the date of the notice requesting that the records be produced on or before ten days thereafter. If a partial objection is stated on the Return Card, the records reproduction service shall proceed in a manner consistent with such objection.(7) The notice shall contain a per page price; if the total cost of a copy of the records will exceed $100, the records reproduction service shall inform all counsel of the total cost and send a copy only to those counsel who approve the cost; and(8) Whenever the records of a non-represented party or a person who is not a party are requested, that party or person must be given notice at the same time it is given to counsel. The record holder under such circumstances shall be notified that there has not been agreement by all parties in view of the fact that it is the non-party's records that have been requested. The non-represented party will also receive notice of the cost for a copy.(E) A records reproduction service shall not undertake to produce records in Court for evidence in a trial or a hearing unless specifically authorized to do so by the attorney who requests that the subpoena be served on the records custodian.(F) If the records have been produced and copied in compliance with this regulation, unless a letter objection is served on all parties within thirty days of receipt of copies of the records, the parties shall have been deemed to have waived any objection to the authenticity or genuineness of such records for the purpose of any trial or hearing in the case designated in the caption of the Notice of Records Reproduction Request except, however, there shall have been no waiver of any objection to admissibility in evidence. (G) Although each party obtaining copies of records will be required to pay for them, administrative fees charged by the record reproduction service for such items as processing the request for and procuring the records will be borne solely by the party initiating the record request. Every other party obtaining copies will be required to pay the expense of copying the records only.
(H) The record reproduction service must make any records obtained by notice of deposition available for inspection by any party in a Center City office without charge whether or not that party has ordered a copy. The record reproduction service shall retain possession of the records or copies thereof only for a period that is reasonable to facilitate such inspection. (I) Where records are obtained by a record reproduction service, the service shall certify either that it has copied all records obtained from the Records Custodian or shall specify, to the extent possible, which records have not been copied. (J) To obtain records, the record reproduction service shall send to the Records Custodian a letter in the form of Appendix C and a record reproduction subpoena in the form of Appendix D. In completing the subpoena, the record reproduction service shall eliminate methods of production objected to by any party. (K) If any counsel objects to the records reproduction service obtaining the records without a formal disposition (option (a) on the Counsel Return Card), then the records reproduction service will notify all parties that it will not attempt to obtain copies of the records, and the service will refrain from making any request on the Custodian of the Records. (L) If any counsel objects to the Records Custodian mailing the original documents to the records reproduction service, (option (b) on the Counsel Return Card), then the service will notify the Records Custodian not to mail such original documents, and will obtain copies by alternative means. (M) If any counsel objects to the records reproduction service taking the records out of the custody of the Records Custodian (option (c) on the counsel Return Card), then they shall strike such method of reproduction from the records reproduction subpoena and will obtain copies by the alternative means. Former Rule 390, adopted by The Board of Judges, General Court Regulation 83-3, effective 1/1/1984 (effective date amended to February 1, 1984 by General Court Regulation 83-3A).