Circuit Rule 27-14: Motions to Transmit Physical and Documentary Exhibits

(New 7/1/13)

If a party asserts that review of an exhibit not currently available on the electronic district court docket is necessary to resolution of an issue on appeal, that party shall move the Court for leave to transmit to the Court a copy or replication of the exhibit. The copy, or photograph or other replication shall not be included with the motion. The Court will defer ruling on the motion until after the completion of briefing. If the exhibit was submitted under seal in the district court, the party moving to transmit the exhibit must also file a notice or motion pursuant to Circuit Rule 27-13. (Rev. 6/1/19)

Circuit Advisory Committee Note to Rule 27-14

The parties should be aware that frequently this Court does not have access to trial exhibits because the district courts typically return them to the parties. Therefore, the parties are encouraged during the course of the district court proceedings to file documentary exhibits electronically and, when practicable, to photograph or otherwise electronically replicate physical exhibits in a manner that permits the exhibits’ inclusion on the electronic district court docket. The parties may consider including portions of relevant documentary exhibits that were admitted and/or offered and excluded in the excerpts of record. To the extent that the Court finds additional exhibits relevant, the Court may direct the parties to provide the exhibits.

When the Court grants a motion to transmit physical exhibits or otherwise requests physical exhibits to be provided, ordinarily 4 copies of the exhibits, if duplication is possible, are required to be transmitted to the Court within 7 days of the Court’s order. All individual video camera recordings, be they in single or multi-camera video exhibits, such as security videos, should be transcoded, if possible, to standard .mp4 video files of the same quality and content as the original source files. The Court strongly prefers USB format over CD or DVD or other format. Before submitting any digital exhibits to the Court, the party should test that it will play on VLC Video Player. (New 7/1/13; Rev. 12/1/24))