EXHIBITS USED AS EVIDENCE TO SUPPORT LIVE TESTIMONY

U.S. Bankruptcy Court for the Central District of California

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Central District of California

Rule: 9070-1

Jurisdiction: CACDB

Bluebook Citation: Bankr. C.D. Cal. R. 9070-1

(a) Application. This rule applies to exhibits to be offered as evidence when live testimony is given at trials in adversary proceedings or evidentiary hearings in contested matters. (b) Filing; Lodging; Copies to Distribute. (1) Filing.

If filing of an exhibit is required, the deadline is set by court order or found in instructions found on the presiding judge’s webpage. The duty to file exhibits is with the party who presented or intends to present the exhibit at a trial or evidentiary hearing. 146 LBR 9071-1 (2) Identification. Unless otherwise ordered by the court, copies of all exhibits to be offered into evidence at an in-person trial of in an adversary proceeding or at an evidentiary hearing in a contested matter must be numbered and marked for identification with tags available from the clerk’s office or in The Central Guide.

(A) Numbers. Exhibits of plaintiffs or movants must be marked with numbers. (B) Letters. Exhibits of defendants or respondents must be marked with letters.

(3) Exhibit Register. The parties presenting exhibits must tag the exhibits and prepare an exhibit register on the form available from the clerk’s office prior to trial. (4) Lodging Exhibits. Unless otherwise ordered by the court, the tagged exhibits and completed exhibit register must be delivered in the courtroom to the courtroom deputy or court recorder prior to the beginning of trial.

(5) Copies. Each party must bring sufficient copies of each exhibit for all counsel, the witness, and the judge. (c) Retention and Disposition of Trial Exhibits. (1) All models, diagrams, documents, or other exhibits lodged with the clerk that are admitted into evidence or marked at trial will be retained by the clerk until expiration of the time for appeal without any appeal having been taken, entry of a stipulation waiving or abandoning the right to appeal, final disposition of any appeal, or order of the court, whichever occurs first.

(2) If any exhibit is not withdrawn from the clerk’s office within 30 days after the person or persons to whom it belongs are given written notice to claim it, the clerk may destroy the exhibit or otherwise dispose of it as the court may approve. (d) Impeachment Exhibits. Exhibits to be presented for impeachment purposes must be submitted according to instructions of the presiding judge. If such exhibits are submitted electronically but not filed, the method must comply with the court’s electronic protocols.

If such exhibits are to be filed after a trial or a hearing, they must be filed by the earlier of two days after the date on which they are ruled admissible or two days after a trial or hearing.

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