(a)      Electronic Submission and Delivery of Exhibits.

(1)      Submitting Exhibits. Unless the court orders otherwise, by no later than 4:00 p.m. four business days before a trial or evidentiary hearing:

(A)      a represented party must file its exhibits via CM/ECF; and

(B)      an unrepresented party must submit her or his exhibits by sending them as PDF files by email to: Proseexhibits@flsb.uscourts.gov, after which the clerk will upload them to CM/ECF.

(2)      Delivering Exhibits to an Opposing Party.

(A)      A Represented Party. The NEF generated by the submission of exhibits under (a)(1) constitutes a party’s delivery of its exhibits to a represented party.

(B)      An Unrepresented Party. A party delivering exhibits to an unrepresented party must – by the deadline set forth in (a)(1) – send copies of its exhibits by email or through a cloud-based file-sharing service (with receipt confirmed by the unrepresented party). If an unrepresented party is unable to receive exhibits by email or through a cloud-based file-sharing service, the party delivering the exhibits must make alternative arrangements to deliver the exhibits to an unrepresented party (including by delivering paper copies or on an external drive).

(3)      Objection to Exhibits. 

(A)      Time to Object. An objection under Federal Rule of Evidence 402 or 403 may be raised at the time an exhibit is offered into evidence. Any other objection to the admissibility of a proposed exhibit must be filed by 4:00 p.m. two business days before the trial or evidentiary hearing.

(B)      Waiver. Absent good cause, failure to timely object under (A) waives any objection to an exhibit’s admissibility.

(C)      Contents of Objection. An objection must:

(i)       identify the exhibit;

(ii)      state the basis for the objection; and

(iii)     provide a citation to case law or other authority in support of the objection.

(4)      Compliance with Bankruptcy Rule 9037.

(A)      In General. All exhibits submitted for filing under this rule must comply with Bankruptcy Rule 9037.

(B)      Sanctions. A party that files an exhibit in violation of Bankruptcy Rule 9037 may be sanctioned. Sanctions may include striking pleadings, motions, or other documents; limiting or prohibiting use of any or all exhibits (not just the improperly submitted exhibits); and other sanctions in the court’s discretion. 

(C)      Consideration of Protected Information at Trial. If a party determines that an exhibit containing information protected by Bankruptcy Rule 9037 must be considered at the trial or evidentiary hearing, that party must submit redacted copies of its exhibits under (a)(1) and (a)(2) and then seek authority to file the unredacted exhibits under seal.

 (5)     Exhibit Register and Numbering of Exhibits. Each party must upload with its exhibits a local form Exhibit Register. The exhibit register must:

(A)      identify the name and nature of the party submitting the exhibits;

(B)      identify the matter (with its docket number) set for hearing or trial;

(C)      identify the date of the hearing or trial;

(D)     include the name and signature block of the attorney or unrepresented party submitting the exhibits; and

(E)      sequentially number and list the exhibits.

(6)      Format of Exhibits. Each exhibit must be electronically stored in an individual PDF file no larger than 50MB. Each PDF file must have a unique identification name and number (e.g., Plaintiff’s Exhibit 1).

(7)      Oversized Exhibits and Physical Objects.

(A)      Image of Exhibit. An oversized exhibit or physical object that a party intends to offer into evidence must – for purposes of submitting and exchanging exhibits under (a)(1) or (a)(2) – be scanned and converted to a PDF file or photographed and converted to a JPEG file.

(B)      Actual Exhibit. The submitting party must then bring the actual oversized exhibit or physical object to court for the trial or evidentiary hearing.

(C)      Return of Exhibit. Unless the court orders otherwise, at the conclusion of the trial or evidentiary hearing, the clerk will return the original oversized exhibit or physical object to the attorney or unrepresented party introducing the exhibit.

(8)      Additional Exhibits. If additional exhibits that were not uploaded via CM/ECF are offered or introduced into evidence during the trial or evidentiary hearing, the party introducing the evidence must upload the additional exhibits via CM/ECF – together with a supplemental exhibit register – no later than three business days after the conclusion of the trial or evidentiary hearing.

(b)     Procedure for Use of Electronically Stored Exhibits.

(1)      Use of Electronically Stored Exhibits in Court. The electronically stored exhibits filed via CM/ECF are the official exhibits for purposes of the trial or evidentiary hearing.

(2)      Record on Appeal. If an appeal is filed, only the PDF or JPEG file submitted under (7)(A) will be included in the record on appeal.