Rule 5103 - Custody of Exhibits. Special Provisions(a) The proponent shall retain custody of non-documentary evidence (including, but not limited to weapons, cash, other items of value, drugs, or other dangerous materials) and bulky, oversized, or otherwise physically impractical exhibits at all times during and after a court proceeding. The court may issue an order in exceptional circumstances for the court to retain said exhibits.(b) These non-documentary exhibits which are not retained must be photographed by the proponent, converted to a letter sized document (8 1/2 x 11), and appropriately marked and produced during the court proceeding for inclusion in the documentary record. Photographs must be in color unless otherwise directed by the Court.(c) Digital media such as CDs, thumb drives, etc. shall also be retained by the records office.(d) Unless otherwise provided by the presiding judge, at the conclusion of the court proceeding, non-documentary evidence shall be returned to the proponent for safekeeping.(e) Non-documentary exhibits such as, but not limited to, knives, firearms, drugs, car parts, etc., shall be held by the proponent until an appropriate order such as: Order for Forfeiture; Order for Destruction; Order for Return, etc. is obtained. When addressing such a request the court will consider the nature of the action, the status of the proceedings including whether there is an active appealorthe potential for future litigation and the position of the opposing party.(f) Any digital exhibit that cannot be printed (i.e., audio or video recording) shall be entered into the record on a Universal Serial Bus (USB) flash drive (or other format if expressly approved by the court). If one party has multiple digital exhibits, they may be submitted together on one USB flash drive.(g) Any exhibit containing confidential information or equivalent to any of the categories enumerated in Pa. Access Policy § 8.0 shall include a Confidential Document Form or Confidential Information Form so that the document can be properly sealed by the record office.(h) Document evidence shall be retained by the records office in accordance with existing authority for record retention. Exceptions:
Excluded from the requirements of these Exhibit Retention Local Rules are record hearings that may be appealed de novo to a court of common pleas or upon which exceptions or objections can be filed to a court of common pleas from the provisions of this chapter, such as: proceedings before hearing officers in divorce, custody, support, delinquency, and dependency matters. Also excluded are hearings before magisterial district courts.
Adopted effective 4/1/2024.