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Exhibits

Local Rule Number: 
Rule 9070-1
9000 Series

(A)        General Provisions for Electronic Submission and Exchange of Exhibits.

(1)        Submission and Exchange of Exhibits When All Parties Are Represented by Counsel. If all parties in an adversary proceeding or contested matter are represented by counsel, unless the Court orders otherwise, exhibits must be exchanged and submitted via CM/ECF by no later than 4:00 p.m. four business days before the scheduled trial or evidentiary hearing. The filing of exhibits via CM/ECF will constitute the parties’ delivery of exhibits to opposing parties as required by the Order Setting Filing and Disclosure Requirements for Pretrial and Trial (the “Pretrial Order”) entered in an adversary proceeding, or any similar scheduling order entered in connection with any contested matter. Instructions on the CM/ECF Electronically Stored Exhibit Upload are located on the Court’s website at www.flsb.uscourts.gov.

(2)        Submission of and Exchange of Exhibits When a Party Is Not Represented by Counsel. If any party in an adversary proceeding or contested matter is not represented by counsel (a “pro se” party), then:

(a)     Submission of Exhibits by a Pro Se Party. Each pro se party must submit her or his exhibits by sending them as Portable Document Format (PDF) files to the Clerk of the Court by electronic mail to the following email address: Proseexhibits@flsb.uscourts.gov, no later than 4:00 p.m. four business days before the scheduled trial or evidentiary hearing. The Clerk will upload exhibits of pro se parties via CM/ECF. This procedure will also constitute the pro se party’s exchange of exhibits with any represented parties. Exchange of exhibits with any other pro se party, however, must be done in accordance with subsection (A)(2)(c).

(b)     Submission of Exhibits by a Represented Party. Represented parties must, no later than 4:00 p.m. four business days before the scheduled trial or evidentiary hearing, submit their exhibits via CM/ECF. This procedure will also constitute the represented party’s exchange of exhibits with any other represented parties. Exchange of exhibits with any pro se party, however, must be done in accordance with subsection (A)(2)(c).

(c)     Exchange of Exhibits with a Pro Se Party.  Exhibits to be exchanged with a pro se party must be provided by email or via a cloud-based file-sharing service (with receipt confirmed by the pro se party). In the event a pro se party is unable to receive copies of exhibits by email or via a cloud-based file-sharing service, the party submitting the exhibits must make alternative arrangements (including providing copies on a USB flash drive or, as a last resort, paper copies via express overnight delivery service) to provide copies of its exhibits.

(3)        Objections to Exhibits. Any objection to the admissibility of any proposed exhibit must be filed and served, so as to be received no later than 4:00 p.m. two business days before the scheduled trial or evidentiary hearing. Objections to any deposition transcripts, including a recording (audio or video) or summary thereof, must follow the procedure specified in this paragraph:

(a)        The objection must: (i) identify the exhibit, (ii) state the grounds for the objection, and (iii) provide citations to case law and other authority in support of the objection.

(b)        An objection not so made − except for one under Federal Rule of Evidence 402 or 403 − is waived unless excused by the Court for good cause.

(4)        Compliance with Federal Judiciary Privacy Policy and Local Rule 5005-1(A)(2)(a). All exhibits submitted for filing must comply strictly with the federal judiciary privacy policy and Local Rule 5005-1(A)(2)(a). Any party submitting an exhibit containing (i) unredacted personal identifiers (including, without limitation, full social security numbers, names of minor children, dates of birth, and financial account numbers), (ii) trade secrets or other confidential research, development, or commercial information, (iii) scandalous or defamatory matter, or (iv) matters that are made confidential by statute or regulation (collectively, “Confidential Information”), may be sanctioned. Sanctions may include striking pleadings, motions, or other papers; limiting or prohibiting the use of any or all exhibits (not just the improperly submitted exhibits); and other sanctions in the Court’s discretion.  If a party determines that any Confidential Information should be considered by the Court at the trial or evidentiary hearing, that party must nevertheless submit redacted copies of its exhibits in accordance with subsections (A)(1) and (A)(2) of this Local Rule and seek authority to file the unredacted exhibits under seal as provided for in Local Rule 5005-1(A)(4).

(5)    Exhibit Registers and Numbering of Exhibits.  Each party must prepare a separate exhibit register based upon the Local Form "Exhibit Register".  All exhibits must include the party's role in the matter or adversary proceeding (i.e., "movant" or "respondent", "plaintiff" or "defendant") and be sequentially numbered.  After the conclusion of the trial or evidentiary hearing, the courtroom deputy will file a completed Exhibit Register in the case or adversary proceeding docket.

(6)     Format of Exhibits. Each exhibit must be electronically stored in an individual PDF file, limited to a file size no greater than 50MB. Each PDF file must have a unique identification name and number (e.g., “Plaintiff’s Exhibit 1”). To facilitate the filing of exhibits via CM/ECF, the individual PDF files should be contained in a single folder.

(7)     Oversized Exhibits and Exhibits Other than Paper Documents. If a party wishes to introduce into evidence an oversized exhibit or an exhibit that is not a paper document, the party must scan or photograph the evidence, convert the file to a PDF or JPEG file (as applicable), and list the item on the Local Form "Exhibit Register".  The submitting party must, if physically possible, then bring the actual oversized exhibit or physical object to court for the trial or evidentiary hearing. Unless the Court orders otherwise, at the conclusion of the trial or evidentiary hearing at which an actual oversized exhibit or physical object is offered into evidence, the Clerk will return the original exhibit to counsel. If an appeal is taken, only the PDF or JPEG file with the scan or photographic image of the exhibit will be included in the record on appeal.      

(B)     Procedure for Use of Electronically Stored Exhibits.

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

(2)     Additional Exhibits. If any additional exhibits that were not uploaded via the CM/ECF Electronically Stored Exhibit Upload are offered or introduced into evidence during the course of the trial or evidentiary hearing, a complete set of such additional exhibits must be filed via the CM/ECF Electronically Stored Exhibit Upload with the title “[Party’s Name]’s Additional Exhibits” within three days after the conclusion of the trial or evidentiary hearing.

☞2020 Amendment: Local Rule 9070-1 revises the procedure for submission of exhibits by requiring all exhibits to be submitted electronically, by registered CM/ECF users via the CM/ECF Electronically Stored Exhibit Upload, and by pro se parties via email.