(a) Presentation of Evidence. Evidence must be presented in electronic format
through use of the presentation technology available in the courtroom to display evidence to the
jury and the Court. Requirements for courtroom technology training and the format of exhibits
can be found on the district court’s website at www.ncwd.uscourts.gov.
(b) Custody with Clerk of Court. Unless otherwise directed by the Court, or except as
provided in Section (c), all trial exhibits admitted into evidence in criminal and civil actions shall
be placed in the custody of the Clerk of Court. See Standing Orders.
(c) Custody with the Offering Party. All exhibits shall be retained in the custody of
the party offering them, subject to the orders of the Court. Exhibits presented in electronic format
will be available for transmission to the Court of Appeals as part of a record on appeal. Any
physical evidence presented during a Court proceeding shall remain in the offering party’s custody,
including, but not limited to, the following types of bulky or sensitive exhibits: narcotics and other
controlled substances; firearms; ammunition; explosive devices; jewelry; liquor; poisonous or
dangerous chemicals; money or articles of high monetary value; counterfeit currency; biological
hazards; and documents or physical exhibits of unusual bulk or weight.
At the end of a trial or proceedings, the party offering the exhibits must retain custody and
preserve them in their condition as of the time admitted until any appeal is resolved or the time for
appeal has expired. The party retaining custody must make the exhibits available to opposing
counsel for use in preparing an appeal and shall also be responsible for their safe transmission to
the appellate court, if required.
(d) Disposition of Exhibits, Sealed Documents, and Filed Depositions by Clerk of
Court. Any exhibit, sealed document, or filed deposition in the Clerk of Court’s custody more
than thirty (30) days after (1) the time for appeal, if any, has expired or (2) an appeal has been
decided and mandate received, may be returned to the parties or destroyed by the Clerk of Court.
The unsealing of sealed documents is governed by LCvR 6.1.
(e) Depositions. Depositions read into the Court record are considered exhibits for
which the parties are responsible as provided in Section (c). Depositions admitted into evidence
but not read into the record shall be retained in the Clerk of Court’s custody and disposed of as
authorized in Section (d).
