(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.
VII. GENERAL PROVISIONS
