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L4. Legal Periodical.

The Lycoming Reporter is designated the legal newspaper in Lycoming County for the publication of court or other legal notices, and all matters which require publication in the legal newspaper, by statute, rule, or order of court, shall be published therein. One copy of each issue of the Lycoming Reporter shall be deposited by the publisher in the office of the prothonotary and one in the law library of Lycoming County for public reference.

L5. Papers and Records.

A. If any part of a record or pleading cannot be found, it may be supplied by a copy thereof, duly authenticated by counsel.

B. The name of the attorney or law firm should appear on all papers or records filed with the court, but not on proposed orders.

L6. Records of Court.

A. The date of filing all papers shall be endorsed thereon by the prothonotary and shall be noted on the docket. The time and date of filing shall be endorsed on the papers filed.

B. Removal of papers. No original papers shall be removed from the office of the prothonotary except as herein provided:

(1) No original note, bond or other instrument upon which a judgment has been entered shall be removed from the office, except for use in court, without written permission of the court upon cause shown.

(2) A referee, auditor, master and other similar officer appointed by the court may remove records or such parts thereof as pertain to the purposes of his appointment for a period not exceeding ninety (90) days, unless the court for cause shown shall extend the time, upon signing a receipt thereof.

L7. Court Reporter Note/Tape Retention.

A. In the case of all court reporter notes taken on tapes made of criminal matters where the crimes charged are graded misdemeanor of the first degree or lower, the court administrator is authorized to, no sooner than seven (7) years after the notes were taken or the tapes made, direct the destruction of any such notes or tapes. In felony cases, the court administrator is authorized to direct the destruction of all court reporter notes or tapes no sooner than seventy-five (75) years after the date the notes were taken or the tapes made. In all cases other than criminal cases, the court administrator is authorized to direct the destruction of all court reporter notes or tapes no sooner than five (5) years after the date the notes were taken or the tapes made.

B. Notwithstanding subsection A of this rule, in any matter where the notes or tapes have been transcribed and the transcriptions approved by the court and filed, the court reporter may, no sooner than thirty (30) days after filing, destroy any such notes or tapes. Any party who wishes to object to the transcription shall do so within that thirty (30) day period by serving a written objection upon the court reporter. If the objection cannot be resolved to the satisfaction of the parties, any party may, by petition, request the court to determine the objection. Court reporter notes or tapes which are subject to objection shall be retained until all objections are resolved.

C. Notwithstanding subsection A and B of this rule, any party may petition the court, which may, in its discretion, order the retention of any particular court reporter notes or tapes for an additional period of time.

L8. Video/Audio Conferencing in Court Proceedings.

A. Under appropriate circumstances, the court may allow a witness to appear or testify in court by video or audio means. In evaluating a request for a video or audio appearance, the court shall consider all relevant issues, which may include the following:

(1) The availability of the witness to give live testimony in court;

(2) the cost of requiring live testimony;

(3) the length of the matter and, particularly in criminal pre-trial matters, the inconvenience to the sheriff or the defendant involved in traveling long distances for brief court appearances;

(4) whether all parties have agreed to the proposed video or audio appearance;

(5) whether the finder of fact will be able to hear and understand the witness, and properly evaluate the credibility of the witness, if credibility is at issue in the matter;

(6) whether the request for video or audio testimony was made in a timely manner so that necessary video or audio equipment is available for the scheduled court appearance; and,

(7) the importance of the testimony relative to the issues in the matter.

B. Timing of Request. Whenever video or audio conferencing is sought by the moving party in a pre-trial proceeding, the request should accompany the motion or petition. In the event that the need for conferencing is not known at the time the matter is commenced or if conferencing is required by a responding party, a request for conferencing shall be submitted to the court administrator’s office no less than 21 days before the scheduled hearing. Requests for video or audio appearance of a trial witness shall be made by submitting the request for conferencing form contemporaneously with the filing of the pretrial statement.

C. Form of Request. The request for video or audio conferencing shall be made by submitting to the Court Administrator the details of the request, on a form that is available from the Court Administrator. The request shall detail the reasons for the request and provide required technical data necessary to make the video or audio connection. Prior to making the request for conferencing, the requesting party shall determine whether or not all other parties consent to allow the video or audio appearance of the witness, and the consent on non-consent of parties shall be reported in the request form. [Get the form. Word - Adobe PDF]

D. In all noncriminal cases, the party requesting conferencing shall pay all court or Lycoming County costs associated with the conferencing request.

E. The requesting party shall be responsible for all required scheduling and set-up with respect to the originating transmission of the conference.