(A) In addition to the Fed. R. Civ. P. 26(a)(3) duty to file and serve exhibit lists
and objections and serve objections thereto, and unless otherwise ordered by
the court, attorneys for each side shall meet at least seven (7) days prior to
the date set for submission for pretrial briefs for the purpose of marking and
exchanging all exhibits intended to be used at trial (other than those solely
intended for impeachment purposes). Where possible, counsel shall agree
on the admissibility of all trial exhibits. In the event there is an unresolved
objection to any exhibit, the attorneys shall notify the court of such
objection in the pretrial brief.
Failure to meet, mark, and exchange exhibits may be deemed a waiver of
the right to use such exhibits. Failure to raise a timely objection under Fed.
R. Civ. P. 26(a)(3) or to preserve that objection by compliance with this rule
may be deemed a waiver of the right to raise objections at trial.
Objections shall be specific but succinct, stating the legal grounds and short
argument. For example, the following would be sufficient: lack of
foundation–plaintiff cannot demonstrate that these documents are business
records kept in the regular course of business or relevancy–these documents
relate to a corporation other than the defendant in this action.
(B) All exhibits must be numerically marked with exhibit stickers consistent
with the type provided by the clerk of court. An exhibit list must be filed in
all cases. (See also Fed. R. Civ. P. 26(a)(3) (pretrial disclosures) and Local
Civ. Rule 83.II.01 (D.S.C.) (handling of exhibits).)
(C) This rule requires a physical exchange of exhibits marked as they will be
used at trial. Once these exhibit designations are made, exhibits may be
excluded or withdrawn but shall not be renumbered. A meeting to
exchange exhibits and to determine if agreement can be reached as to any
objections to exhibits shall be held on or before the “meet, mark, and
exchange” date. If marked exhibits have not previously been physically
exchanged, they shall be exchanged on this date.
