The Law Mind

Exhibits

W.D.N.Y. RULE 79

(a) All exhibits offered by any party at trial, whether or not received as evidence, shall be retained after each day of trial by the party or attorney offering the exhibits, unless the Court orders otherwise. Immediately after the case is submitted to the trier of fact, all exhibits received into evidence shall be delivered to the courtroom deputy. After a verdict is rendered, responsibility for custody of all exhibits reverts back to the parties. (b) In the event an appeal is prosecuted by any party, each party to the appeal shall promptly file electronically any exhibits to be transmitted to the appellate court as part of the record on appeal. Documents that cannot be filed electronically, and physical exhibits other than documents, shall remain in the custody of the attorney producing them who shall permit their inspection by any party for the purpose of preparing the record on appeal and who shall be charged with the responsibility for their safekeeping and transportation to the Court of Appeals. Those exhibits not transmitted as part of the record on appeal shall be retained by the parties who shall make them available for use by the appellate court upon request. (c) If any party receives notice from the Clerk of Court concerning the removal of paper or other physical exhibits, and fails to do so within thirty (30) days from the date of notice, the Clerk of Court may destroy or otherwise dispose of those exhibits. (d) At the close of trial, counsel for each party shall submit a final exhibit list, specifying the date an exhibit was marked and admitted into evidence, which the Court shall file as a court exhibit.
Official source: https://www.nywd.uscourts.gov/sites/nywd/files/2025%20Local%20Rules%20of%20Civil%20Procedu · retrieved 2026-07-23