EXHIBITS

U.S. Bankruptcy Court for the District of North Dakota

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the District of North Dakota

Rule: 9017-1

Jurisdiction: DNDB

Bluebook Citation: Bankr. D.N.D. R. 9017-1

All Rules: Bankr. D.N.D. Local Bankruptcy Rules, complete index


Text

(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. -28- Exhibits are to be marked with an exhibit sticker using the following protocol: (1) (2) (3) (4) Trustee is assigned numbers 1-99.

Example: Trustee-1 or T-1, Trustee-2 or T-2, etc. Debtor is assigned numbers 101-199. Example: Debtor-101 or D-101, Debtor-102 or D-102, etc. 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. Ex: USA-201 or IRS-201, Bank-301 or US Bank-301, Smith-401, ABC Co-501.

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 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. -29- BANKRUPTCY RULE 9022-1 ENTRY OF ORDERS All signed orders, decrees and judgments will be filed electronically by the court.

Any order or other court-issued document filed electronically without the original signature of a judge or clerk of court has the same force and effect as if the judge or clerk of court had signed a paper copy of the order. Orders may also be issued as “text-only” entries on the docket without an attached document. The electronic filing of all orders, decrees, judgments and proceedings of the court constitutes entry on the docket kept by the clerk of court under Fed. R. Bankr. P. 5003 and 9021 and notice of entry under Fed. R. Bankr. P. 9022. The clerk of court, or some other person as directed by the court, must give notice to interested parties who have not consented to electronic service. -30-

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