Local Rule Rule 9017-1: Exhibits and Equipment; Use of Electronically Recorded Testimony.

Rule 9017-1. Exhibits and Equipment; Use of Electronically Recorded Testimony.

(a) General. This LBR applies to an exhibit to be offered in evidence, and equipment to be used at a hearing or trial.

(b) Preparation of Exhibits for a Hearing or Trial.

(1) An exhibit must be marked before the commencement of any hearing or trial. A plaintiff's or movant's exhibit must be consecutively numbered beginning with a "1." A defendant's or respondent's exhibits must be consecutively lettered beginning with an "A." The page number of the exhibit, and the total number of pages in the exhibit, must follow the exhibit number or letter on each page of the exhibit (for example, "Ex. A - pg. 1 of 3" for a defendant's/respondent's first exhibit that has three pages). If there are more than two parties, contact the courtroom deputy for exhibit-label assignments.

(2) Unless the court directs otherwise, each ECF Participant must file its exhibits by ECF and each non-ECF Participant must file its exhibits by PDU, accompanied by an exhibit list, but a party need not file by ECF or PDU demonstrative exhibits, physical objects, or oversized exhibits that would not be legible if reduced to 8.5 inches by 11 inches. Unless all witnesses will testify only remotely and not in a courtroom, each party must bring a paper set of its exhibits for the witness, and if there are more than 10 exhibits, the paper exhibits must be tabbed and presented in a three-ring binder. The parties should not deliver any other paper exhibits to the court.

(3) The court may exclude or limit the use of any exhibit not prepared or presented in compliance with this rule.

(c) Audio/Visual Equipment.

(1) General. Each party must provide all audio or video equipment for use in a court proceeding except to the extent the court can make equipment available under (2). A party or the party's attorney must make arrangements before the hearing or trial with the courtroom deputy clerk to move the equipment through security and position it in the courtroom.

(2) Court Equipment. The court has a limited variety of audio and visual equipment available for use at trial. A party must notify the court and courtroom deputy clerk no later than 14 days before the hearing of a need to use the court's equipment and meet with the courtroom deputy clerk before the hearing to learn how to operate the equipment. The court may, in the interest of fairness and efficiency, limit the use of audio or visual equipment, or condition its use on its availability to all parties.

(d) Large Exhibit. A large exhibit unsuitable for storage by the court may be returned to the party introducing it for retention until the matter is no longer subject to appellate review. A party storing an exhibit under this LBR must produce it if required for an appellate record.

(e) Return or Disposal of Exhibits upon Finality. Thirty days after a matter is no longer subject to appellate review, the party that offered an exhibit may have it returned without order upon a written request stating that no appeal is pending and the case or proceeding is final. The requestor must furnish the clerk with a self-addressed, stamped envelope or make other appropriate arrangements for delivery of the exhibit. If a party does not request that an exhibit be returned within 60 days after a matter is no longer subject to appellate review, the clerk may destroy or otherwise dispose of it without further notice.