PRIOR TO CONCLUSION OF TRIAL

Comply with all provisions found in LR CV-79(a) /LR CR-55.

POST-TRIAL INSTRUCTIONS

FOR E-FILING EXHIBITS

WHEN ORDERED TO DO SO

Step 1:

Although the courtroom deputy will have filed a list of exhibits admitted by the court (which may have been prepared on a standard judiciary form or be comprised of lists prepared by the parties that the courtroom deputy agrees reflects the list of admitted exhibits, when a judge orders the parties to e-file exhibits, you must:

1. Prepare a signed index of your admitted public exhibits that lists the exhibits in chronological order and notes the same number assigned to each exhibit that appears on the courtroom deputy’s Admitted Exhibit List. Once you docket this list and the public exhibits, they will be viewable by the public only in the clerk’s office and remotely only by case participants.

2. Prepare a separate signed index for sealed exhibits (whether they were admitted under seal or later ordered sealed). The index must include a Certificate of Service that indicates a method of service other than CM/ECF. Once docketed, the docket entry for the index and sealed exhibits will be visible on the docket sheet but the documents will be viewable by court staff only. If an appeal is later taken, they will be included in the sealed portion of the record on appeal.

Step 2:

Combine the exhibits that will be attached to each index in chronological order into one or more PDFs, each of which must not exceed 50 MB in size.

• Do not include highly confidential exhibits (e.g., exhibits displayed in a sealed courtroom, source code, sensitive images). If an appeal is later taken, the clerk will provide these exhibits to the appellate court upon their request.
• Convert any non-documentary exhibit into a document format (e.g., substitute a photograph of a demonstrative or oversized exhibit).
• Ensure that the exhibit number is visible on the face of each exhibit or on a preceding identification page.
• For any non-documentary exhibit that cannot be converted into a document format, or for any highly confidential exhibit, prepare a page that notes the exhibit number, nature of the exhibit, and the clerk’s retention (e.g., “Ex. 4, Video exhibit, Retained by clerk,” “Ex. 5, Highly confidential exhibit, Retained by clerk”).

Step 3:

Docket PUBLIC EXHIBITS using the civil or criminal Admitted Hearing Exhibits event and SEALED EXHIBITS using the Admitted Hearing Exhibits (Sealed) event. Attach the index as the Main Document and the combined exhibit files as Attachments to Main Document. As you upload each attachment, use the description field to note the range of exhibit numbers included in the PDF (e.g., Ex. 4, Exs. 10-20, Exs. 21-30).

If you are unable to upload all exhibits in one entry, use the same docket event and index before attaching more PDFs. Repeat as needed. (So that exhibits will sort into the appropriate category in any later electronic record on appeal, do not use an Additional Attachments to Main Document event.)

VIDEO, HIGHLY CONFIDENTIAL,

OR SENSITIVE EXHIBITS

Unless you already provided these exhibits to the courtroom deputy when complying with LR CV-79(a)/LR CR-55, deliver admitted video, highly confidential, and sensitive exhibits to the courtroom deputy on a USB drive in an envelope labeled with the case number, style, date of trial, and party affiliation to the case. Name each file using the exhibit number and nature of the exhibit (e.g., “Ex. 1 – Video of car crash,” “Ex. 2 – Source code,” “Ex. 3 – Minor victim advertisement”).

EXHIBIT DESTRUCTION SCHEDULE

(See LR CV-79(a)(4)/LR CR-55(c))

After the date described below, the clerk may destroy or otherwise dispose of any exhibits that remain in the clerk’s custody, including the PDF copies of exhibits required by LR CV-79(a)(3)/LR CR-55(b):

CIVIL
CASE

NO Appeal

Appeal Filed

Petition for Writ of Certiorari Filed

Entry of judgment/order on motion for reconsideration

+ 30 days OR

+ 60 days if USA is pty

Entry of circuit court’s disposition + 150 days

(150 days = 90-day deadline to file petition for writ of certiorari + 60 days to cure deficiency)

Entry of Supreme Court’s disposition

CRIMINAL CASE

NO Appeal

Appeal Filed

Petition for

Writ of Certiorari Filed

Motion to Vacate, Set Aside, or Correct Sentence

Under 28:2255 Filed

Entry of judgment/order on motion for new trial + 1 year,

unless 28:2255 is filed

Entry of circuit court’s disposition + 1 year,

unless 28:2255 is filed

Entry of Supreme Court’s disposition + 1 year,

unless 28:2255 is filed

Follow the guidelines for a civil case