Local Rule LCrR 57B: EXHIBITS

LCrR 57B EXHIBITS a. Marking of Exhibits. Exhibits in criminal trials and hearings must be marked in accordance with Local Rule 83E(a).

b. Custody with Clerk of Court. All exhibits offered or received into evidence at a trial or hearing must be electronically filed via ECF by the party offering the exhibit. If an exhibit cannot be electronically filed (such as physical evidence) it must be left in the custody of the Clerk of Court, except as provided in sections (c) and (e) of this rule. Until judgment in a case becomes final, exhibits may not be taken from the custody of the Clerk of Court, except upon order of the court and the execution of a receipt.

c. Custody with Offering Party. Except as provided in section (d) of this rule, any exhibit not suitable for filing or transmission to the appellate court as part of the appellate record must be retained in the custody of the party offering the exhibit. Such exhibits include, but are not limited to, the following:

1. "Unsafe, dangerous or otherwise prohibited exhibits" as defined in section (f) of this rule;

2. Jewelry, liquor, money, articles of high monetary value, and counterfeit money; and 3. Documents or physical exhibits of unusual sensitivity, bulk, or weight.

Except when such an exhibit is being used in court during a trial or hearing or is in the custody of a jury or the court during deliberations, the offering party must retain custody of the exhibit. The offering party must preserve the exhibit in an unaltered condition until 30 days after the resolution of both any appeal and any application for relief under 28 U.S.C. § 2255, or if no application for relief under 28 U.S.C. § 2255 is filed, until 2 years after the date on which the judgment of conviction becomes final after any appeal. The exhibit then may be destroyed or otherwise disposed of by the party having custody of the exhibit, but only after the party gives 30 days' written notice to the attorneys of record and to any parties who appeared pro se. The party retaining custody of such an exhibit must make the exhibit available to the court and to opposing counsel for use in preparing an appeal or in connection with any postconviction proceedings, and must transmit the exhibit safely to the appellate court, if required. Such party also must document the chain of custody of the exhibit.

d. Biological Evidence. Biological evidence (for example, blood, saliva, tissue, and items containing bodily fluids upon which DNA or other forensic test could be performed) must be retained by the Clerk of Court until disposed of pursuant to section (f) of this rule.

e. Substitution of Photographs for Exhibits. If a party has offered into evidence at a trial or hearing an exhibit that is not suitable for filing or transmission to the appellate court as part of the appellate record, the offering party must provide a photograph of the exhibit to the court to be substituted for the exhibit and must retain custody of the exhibit as provided in section (c) of this rule.

f. Unsafe, Dangerous, or Otherwise Prohibited Exhibits. As used in this rule, the phrase "unsafe, dangerous, or otherwise prohibited exhibit" includes contraband (including child pornography, etc.), controlled substances, firearms, ammunition, explosives, knives, syringes, any object capable of use as a weapon, poisons, dangerous chemicals, hazardous substances, and any other item or matter that may present a substantial risk of physical injury or property damage if not properly handled, stored, or protected.

No one is permitted to bring an unsafe, dangerous, or otherwise prohibited exhibit into a courtroom for any purpose, including as evidence at a trial or hearing, without first notifying the federal judge handling the trial or hearing and the United States Marshal's office. Before any such exhibit is brought into a courtroom, the lawyer or pro se party responsible for the exhibit must make certain all reasonable measures have been taken to render the exhibit as safe as possible. Such measures include, but are not limited to, the securing in sealed containers of all controlled substances, poisons, dangerous chemicals, and hazardous substances, and the disabling of all weapons.

g. Demonstrative Aids. Local Rule 83E(h), relating to demonstrative aids used during jury trials, applies in criminal cases.