Local Rule 26.07: Trial Exhibits
D.S.C. — Civil rule
26.07: Trial Exhibits.
(A) In addition to the Fed. R. Civ. P. 26(a)(3) duty to file and serve exhibit lists and objections and serve objections thereto, and unless otherwise ordered by the court, attorneys for each side shall meet at least seven (7) days prior to the date set for submission for pretrial briefs for the purpose of marking and exchanging all exhibits intended to be used at trial (other than those solely intended for impeachment purposes). Where possible, counsel shall agree on the admissibility of all trial exhibits. In the event there is an unresolved objection to any exhibit, the attorneys shall notify the court of such objection in the pretrial brief.
Failure to meet, mark, and exchange exhibits may be deemed a waiver of the right to use such exhibits. Failure to raise a timely objection under Fed. R. Civ. P. 26(a)(3) or to preserve that objection by compliance with this rule may be deemed a waiver of the right to raise objections at trial.
Objections shall be specific but succinct, stating the legal grounds and short argument. For example, the following would be sufficient: lack of foundation–plaintiff cannot demonstrate that these documents are business records kept in the regular course of business or relevancy–these documents relate to a corporation other than the defendant in this action.
(B) All exhibits must be numerically marked with exhibit stickers consistent with the type provided by the clerk of court. An exhibit list must be filed in all cases. (See also Fed. R. Civ. P. 26(a)(3) (pretrial disclosures) and Local Civ. Rule 83.II.01 (D.S.C.) (handling of exhibits).)
(C) This rule requires a physical exchange of exhibits marked as they will be used at trial. Once these exhibit designations are made, exhibits may be excluded or withdrawn but shall not be renumbered. A meeting to exchange exhibits and to determine if agreement can be reached as to any objections to exhibits shall be held on or before the "meet, mark, and exchange" date. If marked exhibits have not previously been physically exchanged, they shall be exchanged on this date.