Local Rule 9070–1: EXHIBITS

9070–1 EXHIBITS

(a) Disposition of Exhibits, Models, Diagrams, Depositions and Other Materials.

(1) Retrieval by Attorney. All models, diagrams, depositions, photographs, x-rays, and other exhibits and materials filed in an action or offered in evidence shall not be considered part of the filings in the action and, unless otherwise ordered by the court, shall be retrieved by the attorney who filed or offered the materials without further order within six (6) months after final termination of the action.

(2) Disposal by the Clerk. All models, diagrams, depositions, photographs, x-rays and other exhibits and materials not retrieved by the attorney who filed or offered the materials shall be disposed of by the clerk as waste at the expiration of the retrieval period.

(b) Chapter 13 Trustee Records. Unless otherwise ordered by the court, a party in interest who intends to present as evidence any portion of the standing trustee's financial records pertaining to the case may submit such records as an exhibit. The records may be obtained from the standing trustee or from any media maintained by the standing trustee. The exhibit shall indicate the date of the records, which date shall be reasonably current. Unless contested, the records will be admissible as evidence pursuant to the business records exception to the hearsay rule contained in Rule 803(b) of the Federal Rules of Evidence without the necessity of testimony by the custodian of the records. If the opposing party intends to contest the authenticity or accuracy of the records, such party shall file with the court and serve on the opposing attorney at least seven (7) days prior to the hearing a document that: (i) lists the witnesses who will be called and/or the exhibits that will be offered in support of the challenge to the authenticity or accuracy of the standing trustee's financial records; and (ii) states with particularity the reasons that the authenticity or accuracy of the records is opposed.