Local Rule Rule 39.1: Exhibits
D.V.I. — Civil rule
Rule 39.1. Exhibits
(a) Trial Exhibits i. All proposed exhibits shall be submitted in electronic form to the Clerk at least three business days in advance of the first day of trial.
ii. Each party shall provide the trial judge with trial exhibit binders containing hard copies of exhibits prior to jury selection or as directed by the presiding judge.
(b) Custody of Exhibits. Unless otherwise ordered by the Court, all exhibits received in evidence or offered and rejected during trial or any evidentiary hearing, unless delivered electronically as provided in LRCi 39.1(a), shall be delivered to the Clerk of Court through the courtroom deputy, who shall keep the same in custody until it is determined whether an appeal has been taken from a final judgment. In the event of an appeal, exhibits shall be retained by the Clerk until disposition of the appeal. The Clerk may permit United States Magistrate Judges, Official Court Reporters, and Chambers staff to have custody of exhibits when necessary to expedite the business of the Court. No persons other than United States Magistrate Judges, Official Court Reporters, and Chambers staff shall be permitted to remove exhibits from the Clerk's custody, except upon order of the Court in extreme circumstances.
(c) Sensitive Exhibits. Sensitive exhibits, after submission into evidence, shall remain in the custody of the proponent or the appropriate agency during the trial of the case and for any appeal period thereafter. Such evidence includes, without limitation, narcotics, weapons, currency, and any other evidence designated by the Court as sensitive.
(d) Return of Exhibits. Unless otherwise ordered by the Court, all exhibits in the custody of the Clerk shall be returned to the offering party upon the later of the following: (1) the expiration of the period within which an appeal must be filed, or (2) the completion of the appellate process. The Clerk shall notify the offering party in writing of the requirement to present him/herself to the Clerk's Office to claim such exhibits within thirty days of receipt of the Clerk's written request. Unclaimed exhibits may be destroyed or otherwise disposed of by the Court.