Local Rule 9070-1: EXHIBITS

RULE 9070-1 EXHIBITS

(A) Numerous Exhibits: Whenever the exhibits in any case, to be presented by either party, exceed 5, the party intending to offer such exhibits shall place them in a binder, properly tabbed, numbered and indexed, unless otherwise ordered by the Court.

(B) Listing and Marking Exhibits: All exhibits, except such as are prepared in open court or by expert witnesses, must be listed in the final pretrial order in any adversary proceeding and shall be marked by the proponent thereof, in the manner specified by the Clerk, prior to the commencement of the trial unless the Court otherwise directs. Such exhibits, unless too large, shall be seen by opposing counsel at or before the final pretrial conference. At any final pretrial conference, the Court may rule upon the admissibility of any exhibit or reserve ruling thereon. Exhibits agreed upon shall be admitted in evidence; all others shall be considered as numbered and marked for identification.

(C) Number of Copies: An original and two copies of both the exhibits and the Exhibit List should be filed with the Court by the date set forth in the pretrial order. Sufficient copies should be made available for each opposing counsel.

(D) Custody and Disposition of Models and Exhibits

(1) Custody: After being marked for identification, exhibits of a documentary nature offered or admitted into evidence in any cause pending or tried in this Court shall be placed in the custody of the Clerk unless otherwise ordered by the Court. All other exhibits, models and material not offered and admitted into evidence shall be retained in the custody of the attorney or party producing same at trial, unless otherwise directed by the Court.

(2) Removal: Whenever any models, diagrams, exhibits or material have been placed in custody of the Clerk for introduction into evidence, and same are not admitted or marked for identification, such articles shall be removed by the party who filed them with the Clerk, unless otherwise directed by the Court, immediately following the conclusion of the trial or settlement of the case.

(E) Disposition of Exhibits: All exhibits, models, diagrams, depositions, transcripts, briefs, tables, charts or other items or material or things, introduced, tendered or marked in the trial of a matter or filed with or delivered to the Clerk in anticipation of their introduction into evidence or for use at trial, shall be withdrawn by the parties to the litigation or their counsel within 30 days after the judgment and the time for appeal or motion for a rehearing or further hearing shall have passed. If such items, material or things are not so removed within the time stated, the Clerk may forward them to counsel or the party entitled thereto, or shall destroy or make such other disposition or use of them as the Clerk may deem appropriate.

Comments 9070-1(A) The threshold number of exhibits for binding was reduced from fifteen to five.

9070-1(C) Change to note information already included in the Instructions for Preparing Exhibit List and Pre-Marking Exhibits.

9070-1 Stylistic changes have been made to the text of the LBR. [Changes effective 12/01/09.]