Local Rule 40.0: Exhibits

Rule 40. Exhibits.

(a) Marking Exhibits for Trial. All exhibits must be marked prior to trial using the following procedures unless an alternate procedure has been agreed upon at a pretrial conference.

(1) Plaintiff's Exhibits. Plaintiffs must mark exhibits numerically: 1-infinity.

(2) Defendant's Exhibits. Defendants must mark exhibits with letters: A-Z; A1-A26; B1-B26; C1-C26, etc.

(3) Voluminous Exhibits. Parties should bring cases involving voluminous exhibits to the court's attention at the pretrial conference. Exhibits in such cases will be marked as follows:

(A) plaintiffs will be assigned exhibit numbers 1-499; and

(B) defendants will be assigned exhibit numbers 500-infinity.

(4) "Sub" Exhibits. The use of "sub" exhibits (e.g. Exhibit 1-A or A-1) is discouraged. If a group of exhibits is related, counsel are encouraged to mark it as one exhibit.

(5) Multiple Plaintiffs or Defendants. If a trial involves more than one plaintiff and/or defendant, counsel are encouraged to submit joint exhibit lists. If joint lists are not possible, counsel must confer and decide who will use which sequence of numbers or letters. For example, plaintiff #1 may use the 100 series; plaintiff #2 may use the 200 series; defendant #1 may use the A1-A26 series; defendant #2 may use the B1-B26 series, etc.

(b) Stipulated Exhibits. An exhibit list must indicate stipulated exhibits. Counsel must offer stipulated exhibits for admission prior to trial.

(c) Copies of Exhibit Lists. Prior to trial, counsel must provide exhibit lists to:

(1) each party;

(2) the court;

(3) the courtroom clerk; and

(4) the court reporter.

(d) Exhibit Notebook. If possible, counsel are to prepare a notebook with copies of all exhibits for the court's use during trial.

(e) Photocopying Exhibits During Trial.

(1) Limited Photocopying. When required by the court for evidentiary purposes, trial counsel may make a limited number of photocopies (generally no more than 10 pages) at the Clerk's Office.

(2) Additional Photocopies. Photocopies made at the Clerk's Office for the convenience of counsel or parties to a case require payment at the standard judicial conference fee rate of $.50 per page. Payment may be deferred until the final day of trial.

(f) Responsibility for Exhibits.

(1) During Trial. Counsel must retain custody of all original marked exhibits throughout the trial. To admit an exhibit into evidence, counsel must give it to the courtroom clerk for confirmation of admission either during the trial (time permitting) or during a break in trial. The courtroom clerk confirms admission by placing some identifying mark on the actual exhibit sticker. Once admitted, exhibits remain in the introducing party's custody until the case is submitted to the jury or to the court. Counsel are responsible for keeping all admitted exhibits together in numerical or alphabetical order until the case is submitted to the jury or to the court.

(2) After Trial. Responsibility for custody of all exhibits reverts back to the parties at the conclusion of the proceeding. Should any exhibits remain in court custody, the courtroom clerk will either notify counsel that the exhibits should be removed by a certain date or mail them to counsel. Without further notice, the court may dispose of exhibits that are not removed after notification.

(g) Non-permanent Diagrams as Exhibits. To make a record of a chalk or other non-permanent diagram, the court may permit counsel to copy or photograph it.