(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.