RULE 4008 - Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

RULE 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

(A) Costs

(1) The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for an original transcript in an electronic format shall not exceed:

(a) for a transcript for which an accelerated delivery is not requested, $2.50 per page;

(b) for an expedited transcript, $3.50 per page;

(c) for a daily transcript, $4.50 per page; and

(d) for same day delivery, $6.50 per page.

(2) When the transcript is prepared in bound paper format, the costs shall be in accordance with paragraph (1) relating to electronic format plus a surcharge of $0.25 per page.

(B) Economic hardship-minimum standards

(1) Transcript costs for ordinary transcripts in matters under appeal or where the transcript is necessary to advance the litigation shall be waived for a party who has been permitted by the court to proceed in forma pauperis or whose income is less than 125 percent of the poverty line as defined by the U.S. Department of Health and Human Services (HHS) poverty guidelines for the current year.

(2) Transcript costs for ordinary transcripts in matters under appeal or where the transcript is necessary to advance the litigation shall be reduced by one-half for a party whose income is less than 200 percent of the poverty line as defined by the HHS poverty guidelines for the current year.

(3) Transcript costs for ordinary transcripts in matters that are not subject to an appeal, where the transcript is not necessary to advance the litigation, or for expedited, daily, or same day transcripts may be waived at the court's discretion for parties who qualify for economic hardship under subdivision (B)(1) or (B)(2) and upon good cause shown.

(4) The application to waive all or a portion of costs for ordinary transcripts shall be supported by an affidavit substantially in the form required by Rule 240(h) of the Pennsylvania Rules of Civil Procedure.

(C) Assignment and allocation of transcript costs

(1) Assignment of costs.The requesting party or the party required by general rule to file a transcript shall be responsible for the cost of the original transcript. Costs shall not be assessed against any party for transcripts prepared at the initiation of the court.

(2) Allocation of costs. When more than one party is to receive the transcript, or is required by general rule to file the transcript, the cost of the original transcript shall be divided equitably among the parties, taking into account any reduced fee or free transcripts.

(D) Copies of transcript

(1) A request for a copy of any transcript previously ordered, transcribed and filed of record shall not exceed:

(a) $0.75 per page bound, paper format; and,

(b) $0.50 per page electronic copy.

(2)A request for a copy of an expedited transcript shall not exceed:

(a)$1.00 per page bound, paper format; and,

(b)$0.75 per page electronic copy.

(3)A request for a copy of a daily transcript shall not exceed:

(a)$1.25 per page bound, paper format; and,

(b)$1.00 per page electronic copy.

(4)A request for a copy of a same day transcript shall not exceed:

(a)$1.50 per page bound, paper format; and,

(b)$1.25 per page electronic copy.

(E) Additional Costs

No transcript or related costs may be charged to the parties or the public other than those listed in subdivisions (A), (B) and (D) without the written approval of the Court Administrator, except that a judicial district may enact a local rule that permits a trial judge to impose a reasonable surcharge in cases such as mass tort, medical malpractice or other unusually complex litigation, where there is a need for a court reporter to significantly expand his/her dictionary.

(F) Requests for Rate Increases

The president judge of a judicial district may request an increase in the rates prescribed in subdivision (A) or (D) by submitting a written request to the Court Administrator. Prior to submission, notice of the proposed increase shall be published for public comment for at least thirty days. Any comments received must be forwarded to the Court Administrator with the request. The request shall only be approved where it is established that the judicial district faces an economic hardship caused by the current rates and that the requested rates are reasonable. If the Court Administrator determines that the increase is necessary, the request shall be forwarded to the Supreme Court.

(The provisions of this Rule 4008 amended May 25, 2018, effective July 1, 2018, 48 Pa.B. 3403; amended December 12, 2019, effective immediately, 49 Pa.B. 7570. Amended by Pennsylvania Bulletin, Vol 46, No. 35. August 27, 2016, effective 8/27/2016 Amended by Pennsylvania Bulletin, Vol 46, No. 52. December 24, 2016, effective 12/24/2016 Amended by Pennsylvania Bulletin, Vol 48, No. 23. June 9, 2018, effective 6/9/2018 Amended by Pennsylvania Bulletin, Vol 49, No. 52. December 28, 2019, effective 12/28/2019)

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