Local Rule RULE 79.1: CUSTODY AND DISPOSITION OF EXHIBITS

RULE 79.1 CUSTODY AND DISPOSITION OF EXHIBITS

(a) During Trial Unless the presiding judge orders otherwise, all exhibits, including, but not limited to, models, diagrams, physical material, and electronic files that are received into evidence, or offered and refused admission, at any trial or hearing shall be retained in the custody of the Clerk of Court or his/her/their designee for the duration of the proceeding.

(b) After Trial Unless the presiding judge orders otherwise, exhibits shall not be retained by the Clerk of Court at the conclusion of the proceeding but shall be retained in the custody of the respective attorneys who produced them in court. Any exhibit not so removed, including electronic files, shall be destroyed or otherwise disposed of (1) 90 days after a final decision is rendered if no appeal is taken from that decision or (2) when an appeal is taken, within 90 days after the mandate of the reviewing court is filed.

(c) Appeal If an appeal is taken, the parties shall make available all of the exhibits in their possession in order to prepare the record on appeal. The attorney who has custody of exhibits shall comply with Rule 10 of the Circuit Rules for the United States Court of Appeals for the Seventh Circuit and must ensure that exhibits to be included in the record, which are not in the possession of the Clerk of Court in the District Court, are furnished to the Clerk of Court in the Seventh Circuit Court of Appeals as set forth in Rule 10.