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LR 79.1 Records of the Court

(a) Retention of Exhibits. Exhibits shall be retained by the attorney producing them unless the court orders them deposited with the clerk. In proceedings before a master or other like officer, the officer may elect to include exhibits with the report.

(b) Availability of Exhibits. Exhibits retained by counsel are subject to orders of the court. Upon request, counsel shall make the exhibits or copies thereof available to any other party to enable that party to designate or prepare the record on appeal.

(c) Removal of Exhibits. Exhibits deposited with the clerk shall be removed by the party responsible for them—

(1) 90 days after a final decision is rendered if no appeal is taken from that decision, or

(2) where an appeal is taken, within 30 days after the mandate of the reviewing court is filed.

A party failing to comply with this rule shall be notified by the clerk to remove the exhibits. If a party fails to remove the exhibits within 30 days following such notice, the material shall be sold by the marshal at public or private sale or disposed of as the court directs. The net proceeds of the sale shall be paid into the registry of the court.

(d) Withdrawal of Records. Pleadings and records filed and exhibits deposited with the clerk shall not be withdrawn from the custody of the court except as provided by these rules or upon order of court. Parties withdrawing their exhibits from the court’s custody and persons withdrawing items pursuant to an order of court shall give the clerk a signed receipt identifying the material taken, which receipt shall be filed.



Note: The court does not control nor can it guarantee the accuracy, relevance, timeliness, or completeness of this information. Neither is it intended to endorse any view expressed nor reflect its importance by inclusion in this site.
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