83.14 Exhibits and Witness List

(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.

History

(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)