Local Rule LR 83E: EXHIBITS

LR 83E EXHIBITS a. Marking of Exhibits. Before a trial or hearing, the parties must mark all exhibits (except those to be offered in rebuttal or used for impeachment) for identification as follows:

1. Each exhibit must be designated with a number or letter, with plaintiffs using numbers and defendants using letters. However, to avoid multiple-letter exhibits (AAAA, BBBB, etc.) in cases with large numbers of exhibits, the parties may agree to a different exhibit identification scheme. For example, the parties may agree that plaintiffs will use numbers beginning with1000, and defendants will use numbers beginning with 2000.

2. Each exhibit must be marked with the case number.

3. Exhibits longer than one page must be paginated at the bottom of each page.

b. Listing, Marking, and Disclosing Exhibits. Before the final pretrial conference, each party must do the following:

1. Prepare and serve on the other parties a list of all exhibits to be offered at trial;

2. Mark each exhibit as required by section (a) of this rule; and 3. Afford opposing parties a reasonable opportunity to examine the marked exhibits.

No exhibit will be admitted into evidence at trial (other than those essential to rebuttal or impeachment) that is not disclosed to the opposing parties as required by this rule; by Local Rule 16A(c), by Federal Rule of Civil Procedure 26(a)(3)(A)(iii), or by the orders of the court, unless good cause is shown for the failure to disclose.

c. Copies for Court. Unless the court orders otherwise at the final pretrial conference, at the commencement of trial the parties must supply the court with a copy of all exhibits in three-ringed, tabbed binders.

d. 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 (e) and (f) 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.

e. Custody with Offering Party. 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 Local Criminal Rule 57B(f);

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 preserve the exhibit in an unaltered condition until 30 days after the resolution of 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, and must transmit the exhibit safely to the appellate court, if required. Such party also must document the chain of custody of the exhibit.

f. 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 (e) of this rule.

g. Unsafe, Dangerous or Otherwise Prohibited Exhibits. The procedures prescribed in Local Criminal Rule 57B(f) apply to unsafe, dangerous, or otherwise prohibited exhibits in civil cases.

h. Demonstrative Aids. A party using a demonstrative aid during a civil or criminal jury trial must, before the demonstrative aid is displayed to the jury, show the demonstrative aid to representatives of all other parties participating in the trial. The term "demonstrative aid" includes charts, diagrams, models, samples, and animations, but does not include exhibits admitted into evidence or outlines of opening statements or closing arguments.