All requests for discovery in matters pending in the Borough
of Penns Grove Municipal Court shall be submitted through the Municipal
Prosecutor.
[Amended 7-5-2017 by Ord.
No. 2017-5]
The following fees shall be payable by the requestor to the
Borough of Penns Grove for the discovery provided:
A. Standard fees.
(1) The records clerk, Municipal Prosecutor, or a private prosecutor
in a cross complaint case may charge a fee for a copy or copies of
discovery. The fee assessed for discovery embodied in the form of
printed matter shall be $0.05 per letter size page or smaller, and
$0.07 per legal size page or larger.
(2) If the Prosecutor and/or records clerk can demonstrate that the actual costs for copying discovery exceed the rates set forth in Subsection
A(1) above, the Prosecutor and/or clerk shall be permitted to charge a reasonable amount equal to the actual costs of copying. The actual copying costs shall be the costs of materials and supplies used to copy the discovery, but shall not include the costs of labor or other overhead expenses associated with making the copies, except as provided for in Subsection
B below.
(3) Electronic records and nonprinted materials shall be provided free
of charge, but the records clerk and/or Prosecutor may charge for
the actual costs of any needed supplies such as computer discs.
B. Special service charge for printed copies. Whenever the nature, format, manner of collation, or volume of discovery embodied in the form of printed matter to be copied is such that the discovery cannot be reproduced by ordinary document copying equipment in ordinary business size, or is such that it would involve an extraordinary expenditure of time and effort to copy, the Prosecutor may charge, in addition to the actual copying costs as provided for in Subsection
A(2) above, a special service charge that shall be reasonable and shall be based upon the actual direct costs of providing the copy or copies. The requesting party shall have the opportunity to review and object to the charge prior to it being incurred.
C. Special service charge for electronic records. If the requesting
party and/or defendant requests an electronic record in a medium or
format not routinely used by the Prosecutor, not routinely developed
or maintained by the Prosecutor, or requiring a substantial amount
of manipulation or programming of information technology, the Prosecutor
may charge, in addition to the actual cost of duplication, a special
charge that shall be reasonable and shall be based on the cost for
any extensive use of information technology, or the labor cost of
personnel providing the service that is actually incurred by the Prosecutor
or attributable to the Prosecutor for the programming, clerical, and
supervisory assistance required, or both. The requesting party and/or
defendant shall have the opportunity to review and object to the charge
prior to it being incurred.
D. Actual postage for any discovery sent by mail.
E. For the envelope for any discovery sent by mail: $0.25.
F. Photographs will be photocopied at the rates established herein.
If requests are made for duplicate photographs, the actual cost of
making the photographs shall be charged.
G. Duplication of videotapes constitutes an extraordinary duplication
process and will be charged at the rate of $5 per videotape.
Where the discovery must be obtained from an entity other than
that of the Borough of Penns Grove, e.g., another police department,
the actual costs paid to the other entity shall be paid by the requestor.