IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
INTERNAL OPERATING PROCEDURE – TRIAL EXHIBITS
Effective immediately, upon the filing of a Notice of Appeal in both civil and
criminal cases –
(1) Trial exhibits will be available for attorney review and copying in the clerk’s
office only. They will no longer be available for attorney check-out. Attorneys
desiring to review trial exhibits should schedule an appointment with the clerk’s
office through the deputy clerk assigned to the case and must give notice to
opposing counsel of the date and time of the review.
(2) Sealed trial exhibits shall remain under seal and shall not be made available
for such review, unless otherwise ordered by the court.
(3) Physical trial exhibits not capable of being copied will be available for
inspection and photographing in the clerk’s office at the time of the review.
However, in order to preserve the chain of custody, attorneys will not be permitted
to remove exhibits from any closed container or other packaging, unless otherwise
ordered by the court.
[This Internal Operating Procedure is in keeping with (1) FED.R.CRIM.P. 55
requiring clerks to keep all records of proceedings in a manner prescribed by the
Director of the Administrative Office of Courts; (2) FED.R.CIV.P. 79(d) requiring
clerks to “keep any other records” required by the Administrative Office of Courts;
(3) L.U.CIV.R. 79(e) and (f) governing the sealing of court records and the duration
thereof; (4) VOL. 4, CH. 7 § 740(A) of The Guide to Judiciary Policy requiring that
sealed records “always” be maintained by clerks “at the court location;” and (5) VOL.
10, CH. 6, § 645.10 of The Guide to Judiciary Policy requiring clerks to “take steps to
protect records from unauthorized use, destruction, loss, or damage . . .” It also
comports with the letter and spirit of FED.R.APP.P 45(d) stating that the Clerk of
the Circuit Court “must not permit an original record or paper to be taken from the
clerk’s office” absent an order of the court. Nothing herein is intended to conflict
with L.U.CIV.R. 83.3 dealing with disposition of exhibits in cases where no appeal is
perfected and with exhibits of a sensitive nature.]
