FILES AND EXHIBITS

(a) Removal of Original Papers. Except as provided in this rule, no original papers in the custody of the Clerk of the Court shall be removed by anyone without order of the Court until final adjudication of the action or proceeding and disposition of the appeal, if one is filed, or expiration of the appeal period without appeal being filed, and then only with permission and on terms of the Clerk of the Court. However, official court reporters, special masters, or commissioners may remove original papers as may be necessary. (b) Exhibits.

(1) Delivery to and Retention by Clerk. Except as provided by Section 5H of the CM/ECF Administrative Procedures, each exhibit offered or introduced in evidence at any hearing or trial shall be delivered to the Clerk of the Court, who shall keep the exhibit in the Clerk of the Court’s custody, until the exhibit is electronically filed and served with the Court in accordance with subsection (b)(2) of this rule. However, when a party offers or introduces into evidence an exhibit that consists of narcotics, cash, counterfeit notes, weapons, precious stones or other items which, that party shall because of size or nature, require special handling, contemporaneously deliver to the Clerk of the Court a photograph of that physical exhibit, which shall later be electronically filed and served with the Court in accordance with subsection (b)(2) of this rule, and that party shall retain that exhibit (or a representative sample in the case of narcotics and other contraband substances) during the pendency of the proceeding and any appeal, and, in a criminal case, shall retain the exhibit for an additional period of one year after the date on which the pertinent defendant’s judgment of conviction becomes final. 19 Nothing contained in this Local Rule shall prevent the Court from entering an order with respect to the handling, custody or storage of any exhibit.

The Clerk of the Court shall permit United States Magistrate Judges and official court reporters to have custody of exhibits as may be necessary. (2) Mandatory Electronic Filing. Unless otherwise ordered by the Court, within ten (10) days of the conclusion of a hearing or trial, a party must file and serve in the CM/ECF system (a) an electronic version of each documentary exhibit that the party offered or introduced into evidence and (b) a digital photograph of each non- documentary physical exhibit that the party offered or introduced into evidence. Before the electronic filing and service of such exhibits, the filer must review each exhibit and redact any sensitive, confidential, or private information in accordance with Fed. R. Civ. P. 5.2, Fed. R. Crim. P. 49.1, and CM/ECF Administrative Procedures, Section 6, Redaction of Personal Information, Privacy Policy, and Inappropriate Materials, or seek an order from the Court either to seal the exhibit or to exempt the exhibit from electronic filing and service under subsection (b)(3)(C) of this rule.

Copies of any items filed under this rule shall also be served pursuant to Fed. R. Civ. P. 5(b)(2) on any pro se parties. (3) Exemptions from Mandatory Electronic Filing. The following exhibits shall be exempt from mandatory electronic filing and service in the CM/ECF system: (A) Contraband images, audio recordings, and video recordings, which must be physically filed with the Clerk of the Court within ten (10) days of the conclusion of the hearing or trial, unless otherwise ordered, in the following form: (i) on a CD, DVD, or other electronic medium containing a copy of the exhibit that included the contraband image, audio recording, or video recording, if the exhibit was offered or introduced at trial in electronic form; or (ii) in original physical form if the contraband image was not offered or introduced at trial in electronic form. (B) When permitted by order of the Court, exhibits containing voluminous amounts of confidential information that is subject to privacy protections in accordance with Fed. R. Civ. P. 5.2, Fed. R. Crim. P. 49.1, or other applicable rule or statute; within ten (10) days of the conclusion of the hearing or trial, unless otherwise ordered, such exhibits must be delivered to the Clerk of the Court either in original physical form or on a CD, DVD, or other electronic medium containing a copy of the exhibit, but such exhibits are not to be filed and served in the CM/ECF system, and the filer is not required to comply with CM/ECF Administrative Procedures, Section 6, Redaction of Personal Information, Privacy Policy, and Inappropriate Materials.

(4) Certification of Compliance Requirement. When the exhibits that were offered or introduced at a trial or hearing are: (i) electronically filed and served by a party; or (ii) delivered to the Clerk of the Court in accordance with the procedures for exhibits that are exempt from electronic filing and service, the attorney for that party shall also complete and electronically file and serve a Certification of 20 Compliance Re Admitted Evidence form, which can be found at the Court’s website (http://www.flsd.uscourts.gov). (5) (6) Attorney Responsibility and Failure to Comply. Unless otherwise ordered, the responsibility for discharging a party’s obligations under subsection (b) belongs to the attorney who represented that party at the trial or hearing at which that party offered or introduced an exhibit.

A party’s failure to timely file and serve exhibits electronically as required by this rule or to timely file and serve its Certification of Compliance Re Admitted Evidence may result in the imposition of sanctions. Dismissals, Acquittals, and Voluntary Dismissals. Unless the Court, sua sponte or on motion of a party, orders compliance with subsection (b), such compliance is not required for a criminal jury trial that has concluded in a verdict of acquittal and/or pre-verdict dismissal pursuant to Fed. R. Crim. P. 29(a)-(b) on all charges, or for a civil case that has been dismissed pursuant to Fed. R. Civ. P. 41(a)(1). (c) Removal of Exhibits.

Within ten (10) days after a party electronically files and serves the exhibits it offered or introduced into evidence at a hearing or trial, the party shall make arrangements with the Clerk of the Court to retrieve all of the original exhibits that were electronically filed and served. Any original exhibits that have been returned to or retained by the filing party after either electronic filing and service or the submission of electronic copies pursuant to subsections (b)(3)(B) or (b)(3)(C) shall be kept for safe keeping until the conclusion of any appeals, and, in a criminal case, shall be retained for an additional period of one year after the date on which the pertinent defendant’s judgment of conviction becomes final; upon order of the Court, the filing party must return the original exhibits to the Clerk of the Court. For any other original exhibit that was offered or introduced in evidence at a hearing or trial and that was retained by the Clerk of the Court because the exhibit was exempt from electronic filing and service, the party that offered or introduced that exhibit shall retrieve the exhibit from the Clerk of the Court within three (3) months after final adjudication of the action or proceeding and disposition of any appeal and, in a criminal case, shall retain the exhibit until one year after the date on which the pertinent defendant’s judgment of conviction becomes final; otherwise, such original exhibit may be destroyed or otherwise disposed of as the Clerk of the Court may deem proper. [Subsection (d) has been moved to Court’s I.O.P.] Effective December 1, 1994. Amended effective April 15, 2007; April 15, 2010; December 1, 2015; December 1, 2017; December 2, 2019; December 2, 2024.

Authority (1993) Former Local Rule 8, as amended by Administrative Order 91-54. RULE 5.4 FILINGS UNDER SEAL; DISPOSAL OF SEALED MATERIALS (a) General Policy. Unless otherwise provided by law, Court rule, or Court order, proceedings in the United States District Court are public and Court filings are matters of public record. Where not so provided, a party seeking to file matters under seal and/or ex parte shall follow the procedures prescribed by this Local Rule and Sections 5A, 5K, 9A-D, and 10B, as applicable, 21 of the CM/ECF Administrative Procedures.

In criminal matters, the procedures prescribed by this Local Rule and by the CM/ECF Administrative Procedures concerning the filing of ex parte documents shall only apply to cases in which a person already has been charged by criminal complaint, criminal information, or indictment. (b) Procedure for Filing Under Seal in Civil and Criminal Cases. A party seeking to file information or documents under seal in a civil or criminal case shall: (1) In a case that is not otherwise sealed in its entirety as permitted or required by federal law, file and serve electronically via CM/ECF a motion to file under seal that sets forth the factual and legal basis for departing from the policy that Court filings are public and that describes the information or documents to be sealed (the “proposed sealed material”) with as much particularity as possible, but without attaching or revealing the content of the proposed sealed material. The proposed sealed material shall not be filed unless the Court grants the motion to file under seal.

The motion to file under seal shall specify the proposed duration of the requested sealing. The motion to file under seal and the docket text shall be publicly available on the docket. If, prior to the issuance of a ruling on the motion to file under seal, the moving party elects or is required to publicly file a pleading, motion, memorandum, or other document that attaches or reveals the content of the proposed sealed material, then the moving party must redact from the public filing all content that is the subject of the motion to file under seal. If the Court grants the motion to file under seal, then the moving party shall file any pleading, motion, memorandum, or other document that has been authorized to be filed under seal via CM/ECF using events specifically earmarked for sealed civil or criminal filings, but if a redacted filing previously has been made or is accompanying the sealed filing, then the material that is being filed under seal shall be filed as an attachment to a “Notice of Sealed Filing” which shall be filed via CM/ECF (using events specifically earmarked for sealed civil or criminal filings).

The moving party must complete any required service of the sealed filing or Notice of Sealed Filing conventionally, indicating the corresponding docket number of the sealed filing or Notice of Sealed Filing. (2) A party appearing pro se seeking to make a filing under seal in a civil or criminal case that is not otherwise sealed in its entirety as permitted or required by federal law must comply with the procedures set forth in Local Rule 5.4(b)(1), except that the motion to file under seal shall be filed conventionally with the Clerk of Court and, if the Court grants the motion to file under seal, the sealed filing or Notice of Sealed Filing shall be submitted to the Clerk of Court in a plain envelope clearly marked “sealed document” with the case number and style of the case noted on the outside. The pro se party must also complete any required service of the sealed filing or Notice of Sealed Filing conventionally indicating the corresponding docket number of the sealed filing or Notice of Sealed Filing. (3) A party or pro se party seeking to seal a case in its entirety must file a motion to seal conventionally with the Clerk of Court in a plain envelope clearly marked “sealed document” with the style of the case noted on the outside of the envelope.

The motion to seal must set forth the factual and legal basis for departing from the policy that Court filings be public, describe the proposed sealed filing with as much 22 particularity as possible without revealing the confidential information, and specify the proposed duration of the requested sealing. If the motion is granted, subsequent filings shall be filed conventionally with the Clerk of Court as sealed documents in a plain envelope clearly marked “sealed document” with the case number and style of the case noted on the outside. The filer must complete any required service of the sealed document(s) conventionally. (c) Exceptions to CM/ECF Filing in Criminal Cases.

The following documents must be submitted to the Clerk’s Office in paper form, by mail, or by hand-delivery, regardless of e- filing status: (1) Documents in criminal cases that require the signature of a non-attorney, such as a grand jury foreperson or a third-party custodian; (2) The indictment, information, criminal data sheet, summons, and warrant; and (3) Highly Sensitive Documents, as defined in the Eleventh Circuit’s Amended Order regarding Procedures for the Filing, Service, and Management of Highly Sensitive Documents. (d) Procedure for Filing Ex Parte. A party submitting an ex parte filing shall: (1) Include the words “ex parte” in the title of the motion and explain the reasons for ex parte treatment. Upon submission, unless the Court directs otherwise the ex- parte filing will be restricted from public view and the docket text appearing on the public docket will reflect only that a restricted filing has been made.

Counsel need not serve motions filed ex parte and related documents unless and until the Court so orders. (2) Electronically file the ex parte filing via CM/ECF as a restricted document using the events specifically earmarked for ex parte filings as described in Section 9 of the CM/ECF Administrative Procedures. (3) A party appearing pro se must file documents conventionally. (e) Court Ruling (1) (2) (3) Sealed Filings.

An order granting a motion to seal shall state the period of time that the sealed filing shall be sealed. Ex Parte Filings. Access to ex parte motions and related filings will remain restricted unless the Court orders otherwise. Orders Sealing Identification of Parties.

If an order granting a motion to seal results in the identity of one or more parties to the action being sealed, then it is the responsibility of the moving party to add all previously sealed parties to CM/ECF within three (3) days of the identity of the sealed parties being unsealed. 23 (f) Filing redacted exhibits. (1) In lieu of filing an exhibit to a pleading, motion, response brief, or reply brief under seal, a filer may file a version of the exhibit that redacts information therein that the filer in good faith believes is: (i) sensitive, confidential, or private: and (ii) irrelevant to resolution of the matter as to which the exhibit is being filed. (A) A filer filing a redacted exhibit must contemporaneously serve a version of the exhibit upon all counsel and pro se parties that is either unredacted or that contains only those redactions authorized in connection with producing a document to another party in discovery.

(B) When a party in good faith believes that some or all the information redacted in a filed exhibit is relevant to resolution of the matter as to which the exhibit was filed, that party may file a motion within fourteen (14) days after the filing requesting that the exhibit be refiled without such information redacted. (2) A filer must make all redactions to exhibits and other filings that are required by Fed. R. Civ. P. 5.2, Fed. R. Crim. P. 49.1, or CM/ECF Administrative Procedures, Section 6, Redaction of Personal Information, Privacy Policy, and Inappropriate Materials. (3) This Rule 5.4(f) is applicable to an interested non-party to the same extent as to a party. Effective April 15, 2000.

Amended effective April 15, 2001; April 15, 2005; April 15, 2007; April 15, 2010; December 2, 2013; December 1, 2014; December 1, 2015; December 1, 2017; December 2, 2019; December 2, 2024.