BANKRUPTCY RULE 9017-1

EXHIBITS

 

(A)           Marking Exhibits

Unless the parties elect to submit their exhibits electronically, parties must complete the physical marking and numbering of all papers and objects that may be introduced as exhibits prior to proceedings before the court. Counsel must mark a copy, rather than an original document, unless there is good cause for offering an original record. Original documents offered must be noted accordingly. Upon request, a party must make the original version of the exhibits available for inspection by other parties.

Exhibits are to be marked with an exhibit sticker using the following protocol:

(1)             Trustee is assigned numbers 1-99. Example: Trustee-1 or T-1, Trustee-2 or T-2, etc.

(2)             Debtor is assigned numbers 101-199. Example: Debtor-101 or D-101, Debtor-102 or D-102, etc.

(3)             Creditors may begin with number 201. If there is more than one creditor involved in a hearing or trial, one creditor is assigned 201-299, the next creditor is assigned 301-399, etc. Creditors must use an acronym or word that easily identifies the litigant. Example: USA-201 or IRS-201, Bank-301 or US Bank-301, Smith-401, ABC Co-501.

(4)             United States Trustee's exhibits must be marked alphabetically. Example: UST-A, UST-B, etc.

If exhibits exceed 99 for one or more parties, the parties must agree on a division of numbers or letters, and the exhibit labels must clearly identify the party who is offering the exhibit.

(B)           Custody and Return of Exhibits

Except as noted below, the clerk of court will retain custody of exhibits offered in evidence, unless the court orders otherwise. Original exhibits will be returned to the party who produced them 30 days after the disposition of the matter, trial or mandate following an appeal. Exhibits that are copies will be destroyed 30 days after the disposition of the matter, trial or mandate following an appeal. Parties who receive returned original exhibits must execute a receipt prepared by the clerk of court. Exhibits offered at a hearing or trial will not be included in the electronic case file absent court order.

Exhibits of unusual bulk or weight will remain in the custody of the party producing them. Parties who retain custody of exhibits of unusual bulk or weight must permit their inspection by any party upon reasonable request. The custodial party also bears responsibility for the safekeeping of the exhibits for the duration of the proceedings before the court and subsequent proceedings and must transport the exhibits to the appellate court or panel, if necessary.

(C)           Reservation of the Power to Rule

Nothing contained within this rule prevents the court from a specific ruling it might deem advisable with respect to any exhibit. A party's request regarding custody and handling of exhibits will be addressed prior to the trial or hearing.