Local Rule 5.9: Removal of Court Files and Return or Destruction of Exhibits

Local Rule 5.9 Removal of Court Files and Return or Destruction of Exhibits.

(a) Removal of Case Files from Clerk's Office. The Clerk is not permitted to allow the removal of case files from the Clerk's Office by parties or counsel without an order of this Court.

(b) Exhibits Generally. In both civil and criminal actions, all exhibits filed with or received by the Court during the pendency of the action, including during trial shall be promptly returned by the clerk to the custody of the offering party or investigating agency upon the rendering of a verdict in a jury action or upon the entering of the final order in a non-jury action. The clerk shall obtain a receipt for all such returned exhibits and shall place same in the Court file.

(c) Matters on Appeal. In the event of an appeal, it shall be the duty of the party, investigating agency or the United States Attorney to whom such exhibits have been delivered to produce same as may be required for such appellate process or other or further proceedings in this Court. It shall also be the responsibility of the investigating agency or the United States Attorney to document the chain of custody for each returned exhibit during the time permitted for filing an appeal and during the pendency of an appeal filed in compliance with Fed.R.Crim.P.3.