(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, except for
controlled substances, weapons, and Child Pornography, as directed in
SDIL-LR 79.2.
(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.
