Rule 5105 - Access and Inspection of Exhibits by the Public, Court Staff, and Appellate Courts(A) Public Access and Inspection. Upon request pursuant to 4.0 of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (the "Public Access Policy"), the applicable custodian shall make an exhibit available to any member of the public for inspection, provided that the exhibit is not:(1) subject to the confidentiality provisions of the Public Access Policy;(2) sealed pursuant to court order, whether during or after a court proceeding; or(3) otherwise exempted from public access pursuant to federal law, state law, or state court rule. The applicable custodian's response to any request for public access and inspection shall comport with 5.0 of the Public Access Policy.
(B) Access and Inspection by Court Staff. Notwithstanding the provisions of paragraph (A), any member of court staff acting in his/her official capacity ("court staff") may access and inspect any non-sealed exhibit necessary to perform his/her official duties; provided, however, that no exhibit shall be released into the temporary custody of court staff absent a court order containing the applicable case caption, the number(s) of the exhibit(s) to be released, and a date certain by which court staff must return the exhibit(s) to the applicable custodian. If court staff does not return the exhibit(s) to the applicable custodian on or before the date certain specified in the order, the custodian may seek appropriate relief from the court.(C) Transmission of Exhibits for Purposes of Appeal. After an appeal has been filed, the subject records office having custody of exhibits after court proceedings shall transmit exhibits to an appellate court as provided in Pa.R.A.P. 1931(c); provided, however, that no exhibit sealed in the court of common pleas shall be transmitted unless the court, a party or the prothonotary of the appellate court directs the records office to do so. Any such exhibit sealed in the court of common pleas shall remain under seal when transmitted to the appellate court.Chest. Cnty. Ct. Comm. Plea. R. 5105
Adopted effective 4/15/2024.