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Exhibits

Local Rule Number: 
Rule 9070-1
9000 Series

(A)      Submission and Service of Exhibits. Unless directed by the court, exhibits shall not be filed with the clerk of court. Exhibits shall be accompanied by the Local Form “Exhibit Register”, and copies of the register and all exhibits should be submitted for each party and the judge. Unless ordered otherwise and except where the party receiving the exhibits is appearing pro se in a case or proceeding, parties may serve exhibits in electronic format. At the conclusion of the hearing or trial, the completed Exhibit Register will be filed by the courtroom deputy on the case or adversary docket.

(B)       Format for Exhibits. 

(1)        Exhibits must be pre-marked prior to the commencement of any hearing or trial. Plaintiff/movant and defendant/respondent exhibits shall be identified by corresponding exhibit tags. Plaintiff(s)’ exhibits shall be marked numerically and defendant(s)’ exhibits shall be marked alphabetically.

(2)       Electronic Exhibits. Unless otherwise directed by the court, ALL exhibits shall be submitted in electronic Portable Document Format (PDF) and stored on a USB flash drive or compact disc. Each individual PDF file shall be limited to a single exhibit of a file size no greater than 10MB and shall contain a unique identification name (e.g., Plaintiff’s Exhibit 1 or Defendant’s Exhibit A).

(3)      Oversized Exhibits. Any physically large exhibit that cannot be submitted electronically may be submitted to the court in paper format. An exhibit that is unsuitable for storage at the court shall be returned to the party introducing it for retention until the matter is no longer subject to appellate review.  Parties receiving such exhibits shall be responsible for producing them if required for an appellate record or for review by interested parties.

☞2015 Amendment: Rewritten for format and to include provisions for submission of electronic exhibits.

(C)       Temporary Release of Exhibits.  No exhibit received in evidence will be released from the court during the evidentiary proceedings without an order of court, except as provided in subdivision (B) of this Rule.  Upon the entry of an order, the party to whom the exhibit is to be released shall prepare a receipt, precisely describing the exhibit and its corresponding number, for temporary release.  The receipt must be signed by the attorney or other court-approved agent receiving the exhibit.

(D)       Withdrawal or Disposal Upon Finality.  After a matter is no longer subject to appellate review an exhibit may be returned to the party offering it without court order upon a written request stating that no appeal is pending and the case or proceeding is final.  The requesting party shall furnish the clerk with an adequately sized, self-addressed, stamped envelope or shall make other appropriate arrangements for return of the exhibit.  Any exhibit not returned within 30 days after a matter is no longer subject to appellate review may be destroyed or otherwise disposed of by the clerk without further notice.