1. (A) Costs
2. (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:
3. (a) for a transcript for which an accelerated delivery is not requested, $2.50 per page;
4. (b) for an expedited transcript, $3.50 per page;
5. (c) for a daily transcript, $4.50 per page; and
6. (d) for same day delivery, $6.50 per page.

7. (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.

   Comment

   The first requestor of a transcript is obligated to pay for the original transcript, which is filed with the court, plus the copy rate if the requestor desires a personal copy (subject to any cost sharing with additional parties.)

   Many attorneys/parties prefer to read paper transcripts, including condensed transcripts, and these rules do not inhibit the practice. However, when a condensed paper transcript is ordered by a party, the surcharge of $0.25 per page in Rule 4008(A)(2) shall refer to $0.25 per sheet of paper, regardless of the number of pages of transcript on the sheet.

   There is no entitlement to expedited, daily, or same day delivery of transcripts. Those services are only available where provided by the judicial district and when the court reporter has that capability.

8. (B) Economic hardship—minimum standards
9. (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.
10. (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.
11. (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.

12. (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.

    Comment

    Transcript costs can be quite expensive. By establishing minimum standards, subdivision (B) is intended to ensure that costs do not effectively deny access to the court system to impoverished persons and persons of limited financial means when further proceedings necessitate a transcript. The rule also recognizes that unreasonable demands for free or reduced-cost transcripts can result in a significant economic burden on the court system; for this reason, the rule attempts to distinguish necessary and nonessential requests. Procedures for waiving or reducing transcripts costs must be published by the court and clearly communicated to parties.

    Parties who have been approved for representation by legal aid services are not required to prove economic hardship. Legal aid clients shall be entitled to obtain ordinary transcripts for no cost.

13. (C) Assignment and allocation of transcript costs
14. (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.

15. (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.

    Comment

    It is the intent of this provision that all parties who receive a transcript should share equitably in the costs. If two parties receive the transcript, they would each pay their share of the cost of the original transcript that is filed with the court, with each party paying for their copy. In cases where a party qualifies for a free or reduced price transcript, any other party paying full price pays only their proportionate share of the full price, with the judicial district absorbing the cost of the free or reduced price transcript.

16. (D) Copies of transcript
17. (1) A request for a copy of any transcript previously ordered, transcribed and filed of record shall not exceed:
18. (a) $0.75 per page bound, paper format; and,
19. (b) $0.50 per page electronic copy.
20. (2) A request for a copy of an expedited transcript shall not exceed:
21. (a) $1.00 per page bound, paper format; and,
22. (b) $0.75 per page electronic copy.
23. (3) A request for a copy of a daily transcript shall not exceed:
24. (a) $1.25 per page bound, paper format; and,
25. (b) $1.00 per page electronic copy.
26. (4) A request for a copy of a same day transcript shall not exceed:
27. (a) $1.50 per page bound, paper format; and,

28. (b) $1.25 per page electronic copy.

    Comment

    With respect to a non-party (i.e., general public) request for a copy of a transcript, Rule 4007(D)(4) anticipates that the filing offices of the judicial district are the proper custodians of court case records and transcripts. Rule 4008(D)(1) provides that the cost charged to the public for a transcript copy that has been filed of record shall not exceed $0.75 per page, regardless of the form or location in which the transcript is filed or stored. The copy rates in Rule 4008(D)(2), (3), and (4) reflect the additional work necessary to deliver a transcript on an expedited schedule, but once the original transcript is filed with the appropriate filing office, the copy rate in (D)(1) is to apply.

29. (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.

    Comment

    Pursuant to local rule, a reasonable fee may be charged for a secure electronic feed which instantaneously delivers the translated notes from the court reporter to a laptop, tablet, phone, or other portable electronic device via cable, wifi, router, or Bluetooth to parties, the media, or other interested individuals. There shall be no fee charged to the court for such a connection.

30. (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.

    Comment

    These rules do not supersede any existing Pennsylvania Rule of Court regarding the delivery of court transcripts. If there appears to be a conflict with an existing Pennsylvania Rule of Court, such rule remains in full force and effect. However, if there appears to be a conflict with any local rule of court for the delivery of transcripts, these rules take precedence.

Source

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. Immediately preceding text appears at serial pages (392534) to (392537).