LOCAL CIVIL RULE 79 - BOOKS AND
RECORDS KEPT BY THE CLERK AND ENTRIES THEREIN
LR79.1E & W Withdrawal of Files
LR79.1M Withdrawal of Files
LR79.2 Custody of Exhibits
LR79.3 Disposition of Exhibits
LR79.4 Offer and Marking of Exhibits
LR79.5 Obtaining Record From Appellate Court for Hearing on
Motions
LR79.1E & W Withdrawal
of Files
Files in the office of
the clerk may be removed from it only:
A. for the use
of the court;
B. pursuant to a
subpoena from any federal or state court directing their production; or
C. with leave of
court or permission of the clerk first obtained.
LR79.1M Withdrawal of Files
Files in the office of
the clerk may be removed from it only for the use of the court or with leave of court or
permission of the clerk first obtained.
LR79.2 Custody of Exhibits
After being received
in evidence, all exhibits shall be placed in the custody of the clerk, unless otherwise
ordered by the court.
LR79.3 Disposition of
Exhibits
All exhibits in the
custody of the clerk shall be removed within 30 days of the final disposition of the case.
The party offering exhibits shall be responsible for their removal and shall give a
detailed receipt for the clerk's records. If the parties or their attorneys fail or refuse
to remove exhibits within 30 days, the exhibits may be destroyed or otherwise disposed of
by the clerk.
LR79.4 Offer and Marking of
Exhibits
Before referring to or
using or offering in evidence any exhibit, (whether book, paper, document, model, diagram
or any other type of exhibit), counsel shall first ensure that it is marked for
identification.
LR79.5 Obtaining Record From
Appellate Court for Hearing on Motions
It shall be the duty of counsel for
the moving parties in cases in which an appeal has been taken and the record filed with
the clerk of the Court of Appeals to obtain the record and return it to the clerk of the
District Court pending argument and determination of the motion.