Local Rule LCivR 39: Trial procedures

Local Civil Rule 39. Trial procedures 39.1 Exhibits during trial - Exhibits shall be premarked in accordance with the order issued by the Court.

39.2 Exhibits after trial

(a) Unless the Court orders otherwise, exhibits shall not be filed with the Clerk, but shall be retained in the custody of the respective attorneys who produced them in court.

(b) In case of an appeal, a party, upon written request of any party or by order of the Court, shall make available all the original exhibits in that party's possession, or true copies thereof, to enable such other party to prepare the record on appeal, at which time and place such other party shall also make available all the original exhibits in that party's possession. The parties are encouraged to designate which exhibits are necessary for the determination of the appeal. The parties are to submit to the Clerk of this Court a list of those exhibits so designated indicating in whose custody they remain. The attorney who has custody of the exhibits shall be charged with the responsibility for their safekeeping and transportation to the Court of Appeals. All exhibits which are not designated as necessary for the determination of the appeal shall remain in the custody of the respective attorneys who shall have the responsibility of promptly forwarding same to the Clerk of the Court of Appeals upon request.

(c) For good cause shown, the Court may order the Clerk to take custody of any or all exhibits on behalf of a party. If the Clerk does take custody of any exhibits, parties are to remove them within twenty-eight (28) days after the mandate of the final reviewing court is filed. Parties failing to comply with this rule shall be notified by the Clerk to remove their exhibits and upon their failure to do so within twenty-eight (28) days, the Clerk may dispose of them as the Clerk may see fit.