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1. 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.
2. 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.
3. Disposition. At the conclusion of the proceeding, all exhibits shall be returned to the submitting parties who shall keep them available for the use of other parties, this court, or an appellate court until the expiration of any appeal period.

   If any exhibits remain in court custody, 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.

4. Appeals. The parties shall attempt to file an agreed-upon designation of the exhibits necessary for the determination of the appeal within 10 days after service of the notice of appeal. In the absence of agreement, the appellant shall, not later than 15 days after filing the notice of appeal, file a designation of the exhibits the appellant considers to be necessary. If the appellee considers other exhibits to be necessary, the appellee shall file a cross-designation within 10 days after service of appellant's designation.

   It shall be the duty of any attorney or party having possession of an exhibit designated pursuant to this rule to send promptly such exhibit or a true copy thereof to the office of the clerk of the court of appeals to which the appeal has been taken.

   Exhibits which have not been designated shall be retained by the clerk of the district court or, if the district court has authorized their retention by an attorney or party pursuant to subparagraph (c) of this rule, by such attorney or party. Any such exhibit shall be transmitted to the clerk of the court of appeals on the request of that court, acting on the order of any judge thereof or on the motion of a party showing good cause for failure to include any such exhibit in the attorney's designation.

   Pursuant to Fed. R. App. P. 11(b)(2), documents of unusual bulk or weight and physical exhibits other than documents shall remain in the custody of the attorney or party who produced them. The attorney or party retaining custody of the documents shall permit inspection of them by any other party and the court of appeals upon request.

5. 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.

(New § (d) added, prior § (d) relettered to § (e) 1/1/04; § (a)(3) added, § (d) amended 1/1/08)

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