(a) Lists of Witnesses and Exhibits. At the commencement of the trial,
counsel for the government shall submit to the judge, the courtroom deputy, and the court
reporter a typewritten list of the witnesses expected to be called in the approximate order
they are to be called, as well as a typewritten list of the exhibits intended to be introduced,
with their designated trial exhibit numbers.
(b) Stipulations and Exhibits at Trial. Consistent with the applicable Federal
Rules of Criminal Procedure and whenever it can be done without jeopardizing the
constitutional rights of the defendant in a criminal case, stipulations should be made with
respect to the undisputed facts and the authenticity of documents. Each instrument
expected to be offered in evidence by either side (or copies of such instrument, if
agreeable), shall be marked with an exhibit number and a case number prior to trial.
Forms for marking exhibits may be obtained in the court clerk’s office.
(c) Withdrawal of Exhibits. Unless otherwise ordered by the court, all
exhibits introduced in evidence in the trial of the case shall be withdrawn at the close of
trial and remain in the custody of the party introducing the evidence. The court may
order the party introducing exhibits that are bulky, heavy, or are firearms or controlled
substances to retain custody of such exhibits during the trial. Any such order shall
provide for preservation of the exhibit as justice may require.
(d) Photographs for Appeal. Exhibits, diagrams, charts and drawings on a
blackboard may, under the supervision of the court, be photographed for use on appeal
or otherwise.
