Rule 9072-1

CUSTODY OF EXHIBITS - Amended December 1, 2014

  1. Retention by Attorney. Unless the Court orders otherwise, exhibits shall not be filed with the Clerk, but shall be retained in the custody of the attorney who produced them in Court.

     

  2. Removal of Exhibits from Court. Exhibits that have been filed with the Clerk shall be removed by the party responsible for the exhibits (i) if no appeal has been taken, at the expiration of the time for taking an appeal, or (ii) if an appeal has been taken, within thirty (30) days after the record on appeal has been returned to the Clerk. Parties failing to comply with this rule shall be notified by the Clerk to remove their exhibits, and, upon their failure to do so within thirty (30) days of such notification, the Clerk may dispose of the exhibits.

     

Comment

     This rule is derived from Former Local Bankruptcy Rule 27 and is an adaptation of Civil Rule 39.1 of the Local District Rules. Former subdivision (c) of this rule has been included, as modified, in Local Bankruptcy Rule 8009-1(b).

     As used in this rule, "exhibits" includes trial exhibits admitted into evidence, in a case, adversary proceeding, or contested matter.