Local Rule General L.R. 79: Custody of Files and Exhibits

General L.R. 79. Custody of Files and Exhibits

(a) Clerk's Custody. In general, documents or physical items belonging to the Court's paper or electronic files remain in the Clerk's custody throughout a judicial proceeding.

(b) Viewing and Copying Court Files.

(1) Paper Files. The public may view files and documents in the Clerk's Office in Mobile, Alabama, between 8:00 a.m. and 4:30 p.m. on days when the Courthouse is open for business. Upon request, the Clerk will copy public documents for a fee as allowed by 28 U.S.C. § 1914.

(2) Electronic Files. Access to the electronic docket and documents filed in the Electronic Case Filing System is available to the public at no charge at the Clerk's Office in Mobile, Alabama, between 8:00 a.m. and 4:30 p.m. on days when the Courthouse is open for business. Fees to print a paper copy of an electronic filing and to obtain a certified copy of an electronically filed document are allowed by 28 U.S.C. § 1914.

(3) Payment for Copies. Payment must be made in cash, by credit card, check, or money order payable to "Clerk, U. S. District Court." Fees apply to copying services for the United States if the record or paper requested can be electronically accessed. The Clerk cannot make change for cash payments.

(c) Inspecting Physical Evidence. No one may inspect physical evidence in the Clerk's custody (including without limitation photographic negatives, tape recordings, contraband such as drugs and narcotics, firearms, ammunition, currency, negotiable instruments, computer disks or tapes, and other items designated by a Judge) except while in the presence and under the control of the Clerk. The Clerk may limit or preclude access and copying in order to preserve evidence.

(d) Temporary Withdrawal of Paper Court Files, Exhibits, and Documents. Paper Court files, exhibits, documents, and transcripts may not be taken from the Clerk's Office or custody without a written order of the assigned Judge. To request permission to check out a Court file, exhibit, document, or transcript, a party must file a written motion. If the assigned Judge grants the motion, the party may have the Court file, exhibit, document, or transcript upon delivery of a receipt for the same to the Clerk. The party must return the Court file, exhibit, document, or transcript within seven (7) days (unless the Judge by order sets a different time), in the same condition and order in which it was received.

(e) Permanent Withdrawal of Files and Documents. Upon a showing of good cause, the Court may order an item in a file to be permanently withdrawn. The Clerk may require a party requesting withdrawal to provide a copy of the item for certification and a receipt for the original. The certified copy and receipt are filed in lieu of the original, and the party receiving the original must pay the Clerk any costs.

(f) Withdrawal, Retention, and Destruction of Trial Exhibits and Discovery Material at Case Conclusion.

(1) Withdrawal. Within fourteen (14) days after a trial is concluded (whether by verdict, mistrial, settlement, or otherwise), the offering party must withdraw all exhibits in the Clerk's custody and give the Clerk a receipt for the exhibits. The Clerk shall ensure that all exhibits of a sensitive nature (e.g., controlled substances, cash, counterfeit currency, precious stones and metals, weapons, ammunition, volatile, poisonous and hazardous substances, and all other exhibits which require special handling) are withdrawn by the offering party or investigating agency within the time set forth above. Within fourteen (14) days after a case is concluded (whether by judgment, order of dismissal, or otherwise), the offering party must withdraw all discovery material in the Clerk's custody and give the Clerk a receipt for such material.

(2) Destruction. Exhibits and discovery material filed with the Clerk and not withdrawn within sixty (60) days after a case is concluded may be disposed of by the Clerk.

(3) Duty to Retain Exhibits and Discovery Material.

A party must:

(A) A party must retain exhibits and discovery material withdrawn from the Clerk's custody for at least one (1) year after the judgment is final;

(B) Preserve the retained exhibits and discovery material in the same condition as when withdrawn;

(C) If an opposing party requests the exhibits or discovery material, make them available for examination and use at reasonable times and places;

(D) Upon request, promptly return the exhibits and discovery material to the Clerk; and

(E) In the event of an appeal, post-trial motion or post-judgment motion, it shall be the duty of the party, investigating agency or attorney to whom such exhibits and discovery material have been delivered to produce same as may be required for such appellate process or other further proceedings in the Court. In criminal cases, 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 for the period the exhibit was not in judicial custody.

(4) Sanctions. Sanctions may be awarded for the failure to abide by General Local Rule 79(f). Despite entry of judgment, the Court retains jurisdiction over the parties and attorneys for purposes of enforcing this Rule.