Local Rule Rule 9070-1: Exhibits

Rule 9070-1 Exhibits

(a) Marking Exhibits Prior to the commencement of a trial or hearing, all exhibits to be offered into evidence shall be marked with exhibit labels. The original label shall be affixed to the exhibit which will be offered into evidence. The plaintiff or moving party shall identify its exhibits using consecutive numbers. The defendant or respondent shall identify its exhibits using consecutive letters. If there is more than one plaintiff, moving party, defendant or respondent, the parties shall agree as to a division of numbers or letters, and the exhibit labels should clearly identify the party by whom the exhibit is offered.

(b) Exhibit List A party offering an exhibit shall submit an Exhibit List which lists all of the exhibits which the party proposes to offer into evidence. The form of the Exhibit List is available on the Court's website. Prior to the commencement of the trial or hearing, the list shall be delivered to the Courtroom Deputy. Also prior to the commencement of the hearing or trial, the Courtroom Deputy shall initial and date each exhibit label. Copies of the Exhibit List shall be made available for opposing counsel and the presiding judge.

(c) The party offering an exhibit into evidence shall provide copies to each opposing counsel and three copies to the Court.

(d) Exchanging Exhibits Prior to Trial All exhibits must be served on opposing counsel at least 14 days prior to the date of the hearing or trial. The offeror shall promptly file proof of service. If a party who proposes to introduce an exhibit into evidence serves a copy of the offered exhibit on opposing counsel in accordance with this Rule, the exhibit will be admitted without further authentication or foundation, unless a party wanting to object to the offer serves and files a written objection at least 7 days prior to the commencement of the trial or hearing. The written objection must state the grounds for the objection. If trial or hearing is scheduled on an expedited basis, the motion seeking such expedition shall propose an expedited schedule for the exchange of exhibits.

(e) Custody of Clerk All exhibits which have been received shall remain in the custody of the Clerk. Before judgment in the proceeding becomes final, exhibits may not be removed from the custody of the Clerk without order of the Court and the execution of a receipt.

(f) Withdrawal or Destruction after Final Judgment Unless the Court orders otherwise or an appeal is filed, when judgment is final and is no longer subject to an appeal, exhibits may be claimed and withdrawn by the party to whom they belong. Any exhibits not claimed and withdrawn within 60 days may be destroyed or otherwise disposed of by the Clerk. The Clerk shall give the attorneys of record 14 days notice of the Clerk's intent to dispose of the exhibits.

(g) Record of Withdrawal or Destruction The Clerk shall obtain and file a receipt specifying exhibits withdrawn from the Clerk's custody. The Clerk shall prepare and file a statement identifying all exhibits destroyed or otherwise disposed of, the date of the Clerk's action and the date notice of intent to act was served on the attorneys of record.