Chest. Cnty. Ct. Comm. Plea. R. 5102

Current through March 7, 2024

Rule 5102 - Custody of Exhibits. General Provisions

(A) During Criminal and Juvenile Delinquency Court Proceedings. During a criminal or juvenile delinquency court proceeding, as well as during all such court proceeding breaks and recesses:

(1) The Clerk of Courts shall serve as the custodian of:

(a) all documentary exhibits, photographs, and photographs of non-documentary exhibits; and

(b) all exhibits subject to Pa.R.J.A. 5103(c)(3) (relating to non-documentary exhibits that are bulky, oversized, or physically impractical for a court staff - custodian to maintain) that the Clerk of Courts does not direct the proponent to maintain and secure.

(2) The Commonwealth shall serve as the Clerk of Courts' custodian designee of: all weapons, cash, other items of value, drugs or other dangerous materials, electronic devices, contraband, and hazardous materials including, without limitation, guns, knives, explosives, controlled substances, narcotics, intoxicants, currency, money, negotiable instruments, toxic materials, and biohazardous materials. When the Commonwealth serves as the custodian of an exhibit pursuant to this paragraph, the appropriate law enforcement agency designated to take such custody shall secure and safely maintain it at all times.

(3) The proponent shall serve as the custodian of: all exhibits subject to Pa.R.J.A. 5103(c)(3) (relating to non-documentary exhibits that are bulky, oversized, or physically impractical for a court staff - custodian to maintain) that the Clerk of Courts directs the proponent to maintain and secure.

(B) After Criminal and Juvenile Delinquency Court Proceedings.

(1)Custodians. Immediately upon conclusion of a court proceeding:

(a) The Clerk of Courts and Commonwealth shall retain all exhibits of which it took custody during the court proceeding pursuant to paragraph (A)(1).

(b) The Clerk of Courts and Commonwealth shall develop and implement internal operating procedures to ensure that:

(i) all exhibits are secured and maintained in a manner that protects them from loss, damage, degradation, and contamination; and

(ii) the chain of custody is fully documented and remains unbroken.

(iii) When the Commonwealth serves as the custodian of an exhibit pursuant to this paragraph, the appropriate law enforcement agency designated to take such custody shall secure and safely maintain it at all times.

(c) The Clerk of Courts and Commonwealth shall comply with the requirements of all applicable record retention schedules (the "schedules"), including, without limitation, the County Records Act, 16 P.S. §§ 13001et seq., and Pa.R.J.A. 507. The time periods prescribed by the schedules shall be deemed minimum terms for the retention of exhibits. Generally, the Clerk of Courts and Commonwealth shall retain custody of exhibits until the subject defendant/adjudicated juvenile has completed his or her sentence and all possible appeals have been exhausted. The Clerk of Courts and any party to a court proceeding may request the court to direct that any exhibit be retained for a period longer than the minimum term prescribed herein and by the applicable schedules.

(2)Index of Exhibits. The Clerk of Courts shall prepare a list of all exhibits that are accepted or rejected from evidence during a court proceeding (the "Index"), including those exhibits that remain in the custody of the proponent(s). For each exhibit listed, the Clerk of Courts shall:

(a) identify the proponent and the exhibit number;

(b) describe or identify the exhibit;

(c) indicate whether the exhibit was admitted or rejected from evidence;

(d) indicate whether the exhibit is in the custody of the Commonwealth or another proponent; and

(e) indicate whether the exhibit is a substitute exhibit.

(C) During Court Proceedings Involving Other Records Offices. During a court proceeding involving other records offices, as well as during all such court proceeding breaks and recesses:

(1) The subject records office shall serve as the custodian of:

(a) all documentary exhibits, photographs, and photographs of non-documentary exhibits; and

(b) all exhibits subject to Pa.R.J.A. 5103(c)(3) (relating to non-documentary exhibits that are bulky, oversized, or physically impractical for a court staff - custodian to maintain) that the records office does not direct the proponent to maintain and secure.

(2) The court shall appoint an appropriate custodian designee of: all weapons, cash, other items of value, drugs or other dangerous materials, electronic devices, contraband, and hazardous materials, including, without limitation, guns, knives, explosives, controlled substances, narcotics, intoxicants, currency, money, negotiable instruments, toxic materials, and biohazardous materials. When the court appointed custodian designee takes custody of an exhibit it shall secure and safely maintain it at all times.

(3) The proponent shall serve as the custodian of: all exhibits subject to Pa.R.J.A. 5103(c)(3) (relating to non-documentary exhibits that are bulky, oversized, or physically impractical for a court staff - custodian to maintain) that the records office directs the proponent to maintain and secure.

(D) After Court Proceedings Involving Other Records Offices.

(1)Custodians. Immediately upon conclusion of a court proceeding:

(a) The records office and any court appointed custodian designee shall retain all exhibits of which it took custody during the court proceeding pursuant to paragraph (C)(1).

(b) The records offices and any court appointed custodian designee taking custody of exhibits during/after court proceedings shall develop and implement internal operating procedures to ensure that:

i. all exhibits are secured and maintained in a manner that protects them from loss, damage, degradation, and contamination; and

ii. the chain of custody is fully documented and remains unbroken.

(c) Those records offices and any court appointed custodian designees taking custody of exhibits after court proceedings shall comply with the requirements of all applicable record retention schedules (the "schedules"), including, without limitation, the County Records Act, 16 P.S. §§ 13001et seq., and Pa.R.J.A. 507. The time periods prescribed by the schedules shall be deemed minimum terms for the retention of exhibits.

Generally, the records offices shall retain custody of exhibits until all possible appeals have been exhausted. The records office and any party to a court proceeding may request the court to direct that any exhibit be retained for a period longer than the minimum term prescribed herein and by the applicable schedules.

(2)Index of Exhibits. Any records office taking custody of exhibits during or after a court proceeding shall prepare a list of all exhibits that are accepted or rejected from evidence during the court proceeding (the "Index"), including those exhibits that remain in the custody of the proponent(s). For each exhibit listed, the records office shall:

(a) identify the proponent and the exhibit number;

(b) describe or identify the exhibit;

(c) indicate whether the exhibit was admitted or rejected from evidence;

(d) indicate whether the exhibit is in the custody of the court appointed designee or a proponent; and

(e) indicate whether the exhibit is a substitute exhibit.

Chest. Cnty. Ct. Comm. Plea. R. 5102

Adopted effective 4/15/2024.