Local Rule 9070-1: FILING AND EXCHANGE OF EXHIBITS; OBJECTIONS TO THE ADMISSIBILITY OF EXHIBITS

Rule 9070-1 FILING AND EXCHANGE OF EXHIBITS; OBJECTIONS TO THE ADMISSIBILITY OF EXHIBITS

(a) Exhibit List. Each party must prepare an Exhibit List in the form attached as Appendix A no later than seven days before trial. After the conclusion of the trial, the courtroom deputy will docket the completed Exhibit List.

(b) Parties Must File Exhibits via CM/ECF. Except for unrepresented parties as provided in paragraph (e) below or if the Court orders otherwise, parties must file their Exhibit List and all exhibits using the CM/ECF Electronically Stored Exhibit Upload ("Exhibit Upload") no later than seven days before trial as required by Local Rule 7001-1. The filing of the Exhibit List and exhibits via the Exhibit Upload is considered the parties' exchange of exhibits as required by Local Rule 7001-1(n). Instructions for the Exhibit Upload are located on the Court's website at www.flmb.uscourts.gov.

(c) Additional Exhibits. If a party offers exhibits into evidence during the trial that were not uploaded through the Exhibit Upload, a complete set of such additional exhibits must be filed through the Exhibit Upload with the title "[Party's Name]'s Additional Exhibits" no later than seven days following the conclusion of the trial.

(d) Form of Exhibits. Exhibits must be formatted as set forth below.

(1) Exhibits Must Be Numbered, Marked, and Paginated. Exhibits must be numbered commencing with Arabic numeral 1. The first page of each exhibit must be stamped in the lower right corner with the name of the submitting party and the exhibit number (e.g., "Debtor's Ex. No. 1" or "Plaintiff's Ex. No. 1"). In addition, each page of every exhibit must be sequentially numbered starting with the number 1.

(2) Exhibits Must Be Formatted as PDFs. Each exhibit, including oversized paper documents and photographs of exhibits other than paper documents, must be formatted as an individual Portable Document Format (PDF) file. The party's naming convention must include the assigned exhibit number (e.g., "Debtor's Exhibit 1" or "Exhibit 1 Promissory Note").

(3) Oversized Paper Documents and Exhibits Other than Paper Documents. Oversized paper documents and exhibits other than paper documents should be brought to court for trial and will be returned to the submitting party at the conclusion of the trial. If an appeal is taken, only the PDF of the exhibit will be included in the record on appeal.

(4) Redaction of Personal Data Identifiers. In compliance with Local Rule 1001-3, the following Personal Data Identifiers must be redacted from all exhibits: Social Security numbers, names of minor children, dates of birth, and financial account numbers other than the last four digits of the account number. If appropriate, the party submitting the exhibit should seek to file the unredacted exhibit under seal as provided for in Local Rules 1001-2 and 5005-4.

(e) Unrepresented Parties. Although parties who are not represented by an attorney must comply with the provisions of this rule, they may file paper copies of their Exhibit List and exhibits with the Court. Paper copies must be filed no later than seven days before the scheduled trial. The Clerk will file unrepresented parties' exhibits via CM/ECF. The Clerk's docketing of the exhibits will constitute the unrepresented party's exchange of exhibits with represented parties. Parties who are represented by an attorney must provide paper copies of their exhibits to any unrepresented party at least seven days before the scheduled trial in addition to submitting exhibits through CM/ECF.

(f) Objections to Admissibility of Exhibits. Written objection to the admission of an exhibit into evidence on the grounds that the exhibit (1) lacks authentication or (2) does not qualify as an exception to the hearsay rule as a record of a regularly conducted activity under Fed. R. Evid. 803(6) must be filed before the close of business on the second day before trial or the objection will be deemed waived.

_________________________ Notes of Advisory Committee 2025 Amendment This amendment reorganizes and retitles the rule (formerly titled Exhibits), eliminates obsolete provisions, including the requirement to use Exhibit Cover Sheets, and removes provisions regarding the procedure for using exhibits at trial which are included in new Local Rule 9070-2 Use of Exhibits at Trial. This amendment to the rule is effective August 15, 2025.

2019 Amendment Amended sections (a) and (b) clarify the procedures for the submission of exhibits by parties who are represented by counsel and parties who represent themselves pro se. New section (d) Objections to Admissibility of Exhibits is consistent with the revision to Local Rule 7001-1(m)(3). Amended section (d) clarifies the types of objections to the admission of exhibits into evidence that are required to be filed before the close of business on the second day before trial. This amendment to the rule is effective July 1, 2019.

2017 Amendment This rule is amended to replace and incorporate the provisions of Administrative Order FLMB-2015-06, which governs the use of electronically stored exhibits. Other revisions include a provision for exhibits with Personal Data Identifiers (referring to Local Rules 1001-2 and 5005-4), and a clarification that the exhibits used for each witness shall be placed in a separate binder or folder. This amendment to the rule is effective July 1, 2017.

2012 Amendment This amendment adopts new procedures to accommodate the use of electronic scanning of exhibits, which can be impaired by the use of permanently bound or stapled originals. Paragraph (g) was amended to permit the Clerk to dispose of exhibits left unclaimed for 30 days. This amendment incorporates archived Administrative Orders 99-0001-MIS-ORL and 99-00001-MIS-JAX "General Order for Disposal of Unclaimed Exhibits." A sample Exhibit List (Appendix A) and Exhibit Cover Sheet (Appendix B) are provided. The addition of headings and subheadings is intended to be a stylistic rather than substantive change. This amendment to the rule is effective March 15, 2012.

1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference's Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended. This amendment to the rule was effective on April 15, 1997. This rule was formerly Local Rule 2.13. The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules.

1995 Amendment The amendment to Local Rule 2.13(e) requires that additional copies of exhibits shall be made available for use by witnesses. The deletion of the word "period" after "trial" is stylistic; no substantive change is intended.

The provisions in Local Rule 2.13(h), which dealt with notification to counsel of the obligation to pick up exhibits and the consequence of the failure to do so, have been deleted as this is now dealt with exclusively by Local Rule 2.13(i). For purposes of Local Rule 2.13(i), the term "post-judgment motion" shall mean a timely motion; (1) to amend or make additional findings of fact under Fed. R. Bankr. P. 7052, whether or not granting the motion would alter the judgment; (2) to alter or amend the judgment under Fed. R. Bankr. P. 9023; (3) for a new trial under Fed. R. Bankr. P. 9023; or (4) for relief under Fed. R. Bankr. P. 9024 if the motion is filed no later than ten (10) days after the entry of judgment. These amendments to the rule were effective on February 15, 1995.