Local Rule LR 79.1: CUSTODY AND DISPOSITION OF EXHIBITS AND DOCUMENTS
D. Minn. — General rule
LR 79.1 CUSTODY AND DISPOSITION OF EXHIBITS AND DOCUMENTS
(a) Exhibits Admitted into Evidence at a Hearing or Trial.
(1) Custody of Exhibits. Ordinarily, a party must deliver to the clerk or courtroom deputy each exhibit admitted into evidence at a hearing or trial, and the clerk or courtroom deputy will keep custody of each such exhibit. An exhibit that requires special storage procedures, such as drugs, legal or counterfeit money, a firearm, or contraband may be entrusted to the custody of the arresting or investigative government agency pending disposition of the case and during the appeal period.
(2) Disposition of Exhibits. After a hearing or trial, the clerk or courtroom deputy must return each exhibit admitted into evidence to the party that offered it. In a criminal case, a defendant and the government may agree that the government will take custody of any admitted exhibit offered by the defendant. In such a case, the clerk or courtroom deputy must deliver the exhibit to the government. The party taking custody of an exhibit must retain and preserve it pending disposition of the case and during the appeal period and must make it available on request by the court or a party.
(3) Filing of Exhibits. A party may seek leave of court to file an exhibit that was admitted into evidence at a hearing or trial.
(b) Illustrative Aids. A party that uses an illustrative aid during a hearing or trial must retain and preserve it pending disposition of the case and during the appeal period and must make it available on request by the court or a party.
(c) Withdrawal of Original Exhibits and Documents. An original exhibit or document may be withdrawn from the custody of the clerk or another court officer only:
(1) by leave of court, and
(2) after leaving a proper receipt with the clerk or officer.
(d) Sealed Documents. The clerk must not disclose or make available documents that are filed under seal, unless the court orders otherwise.
[Adopted effective February 1, 1991; amended November 1, 1996; amended May 1, 2000; amended October 18, 2007; amended May 14, 2013; amended June 10, 2024]