(a) Premarking. No later than one week before a case is set for trial or hearing, counsel
shall furnish to the clerk:
(1) an original of a typed descriptive list of all exhibits to be offered. Each listing
shall indicate whether the exhibit shall be admitted into evidence by agreement of
parties or marked for identification;
(2) the original exhibits, marked, that will be used in the proceeding; and
(3) no hazardous exhibit as defined in LR 7.3 shall be presented for premarking,
premarked, introduced into evidence or maintained in the custody of the court without
prior leave of court.
At the commencement of the proceeding, all exhibits agreed to will be offered and received
into evidence. Those marked for identification will remain so until ruled upon during the
proceeding or in the court’s opinion or otherwise.
(b) Custody. All exhibits received or offered in evidence at any proceeding shall be
delivered to the clerk, who shall keep them in custody except that any sensitive exhibits or
other exhibits which, because of their size or nature, require special handling shall remain in
the possession of the party introducing same during the pendency of the proceedings and any
appeal.
(c) Disposition. At the conclusion of the proceeding, all exhibits shall be retained by the
clerk until the expiration of any appeal period or the conclusion of any appeal, whichever
occurs later. The court may, however, order that some or all exhibits be maintained by an
attorney or party or otherwise stored at an off-site facility at the parties’ expense during the
pendency of any appeal.
After the conclusion of any appeal or, if no appeal is taken, after the expiration of the appeal
period, the clerk may notify the parties that the exhibits should be removed within a specified
period of time. If the exhibits are not removed or another arrangement made with the clerk
within the time allowed, the exhibits may be destroyed or otherwise disposed of without
further notice.
(d) Appeals. It shall be the duty of the clerk, or any attorney or party having possession of
an exhibit pursuant to these rules or a court order, to promptly send such exhibit(s) to the
office of the clerk of the court of appeals to which the appeal has been taken. If the exhibits
are unusually voluminous, the court in its discretion may require the parties to arrange for
transmission of the same to the clerk of the court of appeals.
Pursuant to Fed. R. App. P. 11(b)(2), documentary exhibits of unusual bulk or weight and
physical exhibits other than documents need not be transmitted to the clerk of the court of
appeals unless directed to do so by the clerk of the court of appeals. Pending transmission of
such exhibits to the court of appeals and/or final disposition of any appeal, if any exhibits are
in the custody of a party or attorney pursuant to subsection (b) of this rule, they shall remain
in the custody such attorney or party unless otherwise ordered by the court and available for
inspection by any other party upon request. If the clerk of the court of appeals requests such
exhibits be transmitted, the attorney or party in possession of the exhibits shall promptly
make arrangements for the immediate transmission of them to the court of appeals. If such
exhibits are in the custody of the court, the court in its discretion may require the parties to
arrange transmission to the court of appeals.
(e) Photographs of Chalks. In order to make a record of a chalk, the court may permit a
party to photograph or otherwise copy it, on such terms as are just.
(f) Witness List. No later than one week before a case is set for trial or hearing, counsel or
a pro se party shall submit to the clerk a final witness list that shall include the name and
town/city of residence/place of business (as appropriate) for each witness the party expects to
present as well as for those witnesses the party may call if the need arises.
(New § (d) added, prior § (d) relettered to § (e) 1/1/04; § (a)(3) added, § (d) amended 1/1/08; §§
(c) and (d) amended 12/1/09; § (f) added 12/1/11; formerly LR 83.13 renumbered to 83.14 and §
(d) amended 12/1/13)
