A. Marking of Exhibits. Exhibits in criminal trials and hearings must be
marked in accordance with instructions from the court.
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B. Electronically Filing Documentary Exhibits.
1. By the Clerk. At the conclusion of a trial or other court proceeding, the
Clerk of Court will electronically file all documentary exhibits offered
and/or received in CM/ECF. The exhibits electronically filed by the Clerk
will be restricted to court users and case participants. After filing, the
Clerk will return documentary exhibits to the offering party.
2. By the Parties. The parties will have twenty-one (21) days to review their
returned documentary exhibits to determine whether redactions are
required pursuant to D.S.D. Crim. LR 49.1.1.
a. Redactions required. If redactions are required, the offering party
must electronically file all of its documentary exhibits, including
redacted exhibits and exhibits that do not require redaction in
CM/ECF. This requirement does not apply to exhibits that were
sealed when offered and/or received.
b. Redactions not required. If no redactions are required, the Clerk
will remove the restrictions and enter a Notice of Unrestricting
Trial/Hearing Exhibits in CM/ECF.
c. Sealing. If a party moves to seal documentary exhibits after a
hearing or trial has concluded and the motion is granted, the
movant is responsible for refiling public exhibits.
C. Physical Exhibits. Physical exhibits, including recordings, will be returned
to the offering party at the conclusion of a trial or other proceeding for
retention and preservation. This includes all physical exhibits submitted to
the clerk even those not used at trial or in a hearing.
1. Duty to Retain. When physical exhibits are returned, they must be
retained by the offering party, who will maintain and document the chain
of custody, and make the exhibits available to the court, if necessary,
and to other parties for use in preparing an appeal.
2. Duty to Preserve. Returned physical exhibits must be preserved in an
unaltered condition until at least 120 calendar days after the resolution of
any appeal to allow for the filing of a writ of certiorari under Rule 13 of the
Rules of the Supreme Court of the United States. Before such exhibits may
be destroyed, the custodial party must seek and obtain a court order
authorizing destruction.
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D. Exhibits Necessary for Appeal. Consistent with the Eighth Circuit’s local
rule on exhibits, the offering party is responsible for ensuring any non-public
exhibits or physical exhibits necessary for an appeal are submitted to the
appellate court.
