United States District Court - Northern District of Illinois

General Rules

Rule 33

Rule 33 Custody Of Exhibits; Withdrawal Of Filed Documents

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 his/her report.

B. Exhibits Subject to Orders of Court

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 which have been deposited with the clerk shall be removed by the party responsible for them (1) if no appeal is taken, within ninety days after a final decision is rendered or (2) within thirty days after the mandate of the reviewing court is filed. Parties failing to comply with this rule shall be notified by the clerk to remove their exhibits. Thirty days after 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. Records in Custody of Clerk

Pleadings and records filed and exhibits deposited with the clerk shall not be withdrawn from the custody of the court except as provided by these rules or upon order of court.

E. Receipt for Withdrawal of Exhibits

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.