Local Rule RULE 9070–1: Exhibits and Witnesses

RULE 9070–1 Exhibits and Witnesses

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

(1) Exhibit and Witness Lists and Numbering of Exhibits. Each party shall prepare a combined or separate exhibit list and witness list to be filed in accordance with subsections (3) and/or (4) of this Rule which shall include all persons whose testimony at trial will be given by deposition and designation of the portions of each person's deposition which will be introduced. All exhibits shall be marked sequentially with the plaintiff/movant using numbers (i.e., 1, 2, 3) and the defendant/respondent using letters (i.e., A, B, C). If there are more than two parties to a matter or adversary pleading, 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.

(2) Submission and Exchange of Exhibits When All Parties Are Represented by an Attorney. If all parties in an adversary proceeding or contested matter are represented by an attorney, unless the Court orders otherwise, the list(s) of exhibits, witnesses, and the proposed exhibits (together, the "Exhibits") must be exchanged and submitted via NextGen CM/ECF by no later than 4:00 p.m. Eastern time four (4) business days before the commencement of the first day of a scheduled trial or evidentiary hearing except for exhibits to be offered solely for rebuttal or impeachment. The format of the Exhibits must comply with subsection (a)(4) of this Rule. The filing of exhibits via NextGen CM/ECF constitutes the parties' delivery of Exhibits to opposing parties in an adversary proceeding, or any contested matter.

(3) Submission of and Exchange of Exhibits When a Party Is Not Represented by an Attorney. If any party in an adversary proceeding or contested matter is not represented by an attorney (a "pro se" party), then:

(i) Submission of Exhibits by a Pro Se Party. Each pro se party must submit their Exhibits, except for exhibits to be offered solely for rebuttal or impeachment, by sending them as Portable Document Format (PDF) files to the Clerk of the Court by electronic mail to the following email address: DCB_CMECF@dcb.uscourts.gov, no later than 4:00 p.m. Eastern time four (4) business days before the commencement of the first day of a scheduled trial or evidentiary hearing. The Clerk will upload exhibits of pro se parties via NextGen CM/ECF. This procedure also constitutes 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)(3)(iii). If a pro se party cannot comply with the requirements herein, the filer shall contact the Courtroom Deputy to coordinate an alternative form of submission.

(ii) Submission of Exhibits by a Represented Party. Represented parties must, no later than 4:00 p.m. Eastern time four (4) business days before the commencement of the first day of a scheduled trial or evidentiary hearing, submit their Exhibits via NextGen CM/ECF, except for exhibits to be offered solely for rebuttal or impeachment. This procedure also constitutes the represented party's exchange of Exhibits with any other represented parties. The exchange of Exhibits with any party must be done in accordance with subsection (a)(3)(iii).

(iii) Exchange of Exhibits with a Pro Se Party. Exhibits to be exchanged with a pro se party shall be provided by email or other electronic method. In the event a pro se party is unable to receive copies of Exhibits by email or other electronic method, the party submitting the Exhibits must make alternative arrangements (including providing copies on a USB flash drive or, as a last resort, paper copies) to provide copies of its Exhibits except for exhibits to be offered solely for rebuttal or impeachment.

(4) Format of Exhibits. When docketing exhibits, the filer shall file their exhibit list using the docket event "Exhibit/Witness List" and file the exhibits as attachments thereto. The exhibits shall either be filed as (i) individual separate PDF attachments; or (ii) a single PDF file attachment with each exhibit bookmarked within the PDF file. Each PDF file shall be limited to a file size no greater than 50 MB. Each PDF file shall have a unique identification name and number (e.g., "Plaintiff's Exhibit 1"). If an exhibit is too large or cannot otherwise comply with the requirements herein, the filer must contact the Courtroom Deputy to coordinate an alternative form of submission.

(5) Objections to Exhibits; Motions in Limine. Any objection to the admissibility of any proposed Exhibits and/or motions in limine shall be filed and served, so as to be received no later than 4:00 p.m. Eastern time two (2) business days before the commencement of the first day of a scheduled trial or evidentiary hearing. Objections to any Exhibit must follow the procedure specified in this paragraph:

(i) The objection shall: (A) identify the exhibit; (B) state the grounds for the objection; and (C) provide citations to case law and other authority in support of the objection. Objections as to authenticity, privilege, competency, and, to the extent possible, relevancy of the exhibits must be included. Any listed exhibit to which an objection is not raised is deemed to have been stipulated as to authenticity by the parties, and such documents will be admitted at trial without further proof of authenticity.

(ii) 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.

(6) Redaction of Personal Data Identifiers. In compliance with Bankruptcy Rule 9037(a), the following information shall be redacted from all Exhibits submitted to the Court whether in paper or electronic format: Social Security numbers, taxpayer identification numbers, and financial account numbers other than the last four digits; names of minor children; and the month and date of birth (together, "Confidential Information"). 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)(3) and (a)(4) of this Local Bankruptcy Rule and seek authority to file the unredacted exhibits under seal as provided for in Local Bankruptcy Rule 5005–1(c) and/or Bankruptcy Rule 9037(c).

(7) Motion to Limit Access. Prior to filing Exhibits electronically, a party may file a pleading with the Court requesting for good cause that electronic access to any Exhibit be limited to the parties in the trial or evidentiary hearing. Such motion must be filed at least two (2) business days prior to the deadline for submitting Exhibits and be served on the parties to the trial or evidentiary hearing. Notwithstanding a pending motion under this subsection, the parties shall submit all Exhibits not subject to the motion by the applicable deadline.

(b) Request for Exception. At the final pretrial conference or by motion, for good cause, parties to a trial or evidentiary hearing may request exemption from the electronic submission and exchange of exhibits requirements in this Rule. Exceptions shall be granted only upon approval of the Court and not by agreement amongst the parties to a trial or evidentiary hearing.

(c) Custody of Exhibits.

(1) Exhibits Submitted Electronically. All Exhibits submitted electronically through NextGen CM/ECF, whether or not received as evidence, shall remain part of the Court's NextGen CM/ECF docket unless the Court orders otherwise. In the event an appeal is prosecuted, the electronic copies of the Exhibits shall be transmitted as part of the record on appeal.

(2) Exhibits Submitted in Hard Copy. All Exhibits offered by a party in hard copy, whether or not received as evidence, shall be retained after trial by the party or the attorney offering the Exhibit, unless otherwise ordered by the Court. In the event an appeal is prosecuted, each party to the action in this Court, upon notification from the Clerk that the record is to be transmitted and upon request of a party to the appeal, must file with the Clerk any Exhibits to be transmitted as part of the record on appeal. Those Exhibits not transmitted as part of the record on appeal shall be retained by the parties, who shall make them available for use by the appellate court upon request. Within thirty (30) days after final disposition of the case by the appellate court, the Exhibits shall be removed by the parties who offered them. If any party, having received notice from the Clerk to remove the Exhibits as provided herein, fails to do so within thirty (30) days of the date of such notice, the Clerk may destroy or otherwise dispose of those Exhibits.