Local Rule LR 79.1: PLEADINGS AND EXHIBITS; APPEAL RECORDS; CLOSED FILES

LR 79.1 PLEADINGS AND EXHIBITS; APPEAL RECORDS; CLOSED FILES

(A) Removal of Pleadings. Original pleadings in the custody of the clerk may be removed from the clerk's office by the district judges, magistrate judges, official court reporters, special masters, or law clerks when necessary to expedite the business of the Court.

(B) Filing and Custody of Exhibits.

(1) Exhibits. Documentary exhibits, audio files, video files, and non-sensitive non-documentary exhibits, offered into evidence at trial or at any hearing must be delivered to the courtroom deputy, who will keep them in custody until a verdict is rendered in a jury case or a final order is entered by the Court in a nonjury case, unless the Court has ordered otherwise. Sensitive non-documentary exhibits will remain in the custody of the introducing party unless the Court orders otherwise. The deputy may permit United States district judges, magistrate judges, special masters, law clerks, and official court reporters to have custody of exhibits when necessary to expedite the business of the Court. No other persons will be permitted to remove exhibits from the courtroom deputy's custody except upon order of the Court.

(2) Rejected Exhibits. Rejected exhibits must be identified as having been rejected on both the exhibit list and on the exhibits themselves.

(3) Withdrawn Exhibits. Exhibits that are either withdrawn or not tendered will not be retained by the courtroom deputy but must be shown on the exhibit list as having been withdrawn or not tendered.

(4) Sensitive Exhibits. Sensitive documentary exhibits in the custody of the Clerk generally will be sealed by the Court.

(5) Returned Oversized and Non-Documentary Exhibits. Oversized and non-documentary original exhibits will be returned to the parties at the conclusion of the hearing or trial, except for audio and video files. Within ten days following the conclusion of a trial or hearing, all parties must file photographs or other appropriate reproductions of oversized and non-documentary physical or demonstrative exhibits tendered as evidence at the trial or any hearing, unless otherwise ordered by the Court. These photographs and reproductions must be filed electronically by counsel and in paper by pro se litigants. The parties must indicate on each photograph or reproduction whether the displayed exhibit was admitted or rejected.

(6) Retention of Exhibits. The clerk must retain possession of all documentary exhibits, audio and video files and substitute exhibits (see also LR 16.4(B)(19)(a)) received or offered into evidence at trial or any hearing until after the time for appeal has expired or, in appealed cases, until entry of the appellate court's mandate, unless otherwise ordered by the Court.

(C) Inspection and Copying of Exhibits.

(1) Sensitive Exhibits. Sensitive and special criminal evidence may not be inspected or copied without specific leave of the Court. Such evidence includes, without limitation, narcotics, weapons, currency, exhibits of a pornographic nature, articles of high monetary value, exhibits depicting or describing a particularly brutal crime, exhibits in a highly publicized case, and any other evidence designated by the Court as being sensitive.

(2) Sealed Exhibits. Exhibits ordered sealed or impounded by the Court may not be inspected or copied by anyone, including attorneys for the parties, except upon leave of the Court.

(3) Other Exhibits. Attorneys of record for any party may inspect or copy without specific leave of Court all exhibits, other than those exhibits defined in (1) and (2) above, which have been admitted into evidence or rejected.

(4) Presence of Clerk Required. All inspections of exhibits of any type covered by this rule must be conducted in the presence of the clerk or an authorized deputy clerk of this Court. Inspections by attorneys for the parties are not excepted from this rule nor is application of this rule affected by whether the inspection is being made with or without leave of Court.

(D) Reclamation and Disposition of Unclaimed Exhibits. Counsel must reclaim all exhibits from the clerk of court within thirty (30) days following expiration of the applicable time period as stated in (B)(6) above. Exhibits not reclaimed in accordance with this Rule may be destroyed or otherwise disposed of by the clerk without further notice to the parties.

(E) Availability of Exhibits for Inspection or Appeal. The filing party or the party's attorney must grant a reasonable request of any party to examine an exhibit returned to the filing party's custody. Any exhibit in the custody of the filing party or the party's attorney must, upon request, be returned immediately to the clerk. In the event transfer of oversized documentary exhibits or exhibits other than documents to the appellate court is required, the filing party or the party's attorney must arrange and pay for such transportation.

(F) Chain of Custody. The filing party or the party's attorney must maintain a chain of custody for each returned exhibit during the time permitted for filing an appeal (see Fed. R. App. P. 4) and during the pendency of an appeal filed in compliance with Fed. R. App. P. 3.

(G) Transcripts. The original transcripts of testimony and any record of proceedings filed with the clerk by an official court reporter must not be removed from the clerk's office by the parties or anyone acting on their behalf.

(H) Closed Files. Closed files of this Court are forwarded to the Federal Records Center for this district. Persons desiring use of any such files may, on an appropriate form furnished by the clerk and upon payment of the prescribed fee, request that such files be returned for examination in the clerk's office. Alternatively, the clerk may provide the requestor the accession number(s) for the closed file(s) so that the requestor may request copies directly from the Federal Records Center.