Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES
Part A - Preservation of Testimony
Rule 501 - Preservation of Testimony by Videotape Recording

Universal Citation: 234 PA Code ยง 501

Current through Register Vol. 54, No. 38, September 21, 2024

(A) When the testimony of a witness is taken and preserved pursuant to Rule 500 by means of videotape recording, the testimony shall be recorded simultaneously by a stenographer.

(B) The following technical requirements shall be made part of the court order required by Rule 500(A) or the written agreement provided in Rule 500(B):

(1) The videotape recording shall begin with a statement on camera that includes:
(a) The operator's name and business address;

(b) The name and address of the operator's employer;

(c) The date, time, and place of the videotape recording;

(d) The caption of the case;

(e) The name of the witness;

(f) The party on whose behalf the witness is testifying; and

(g) The nature of the judicial proceedings for which the testimony is intended.

(2) The court and all parties shall identify themselves on camera.

(3) The witness shall be sworn on camera.

(4) If the length of the testimony requires the use of more than one videotape, the end of each videotape and the beginning of each succeeding videotape shall be announced on camera.

(5) At the conclusion of the witness' testimony, a statement shall be made on camera that the testimony is concluded. A statement shall also be made concerning the custody of the videotape(s).

(6) Statements concerning stipulations, exhibits, or other pertinent matters may be made at any time on camera.

(7) The videotape recording shall be timed by a digital clock on camera that continually shows the hour, minute, and second of the testimony.

(8) All objections and the reasons for them shall be made on the record. When a judge presides over the videotaping of testimony, the judge's rulings on objections shall also be made on the record.

(9) When a judge does not preside over the videotaping of testimony, the videotape operator shall keep a log of each objection, referenced to the time each objection is made. All rulings on objections shall be made before the videotape is shown at any judicial proceeding.

(10) The original videotape recording shall not be altered.

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