(a)  Witnesses and Exhibits.  Unless otherwise ordered by the Court or as set forth in the Fed. R. Bankr. P. and these Rules, the following requirements regarding witnesses and exhibits apply in all adversary proceeding trials and evidentiary hearings for contested matters.  Any list of witnesses and exhibits must be in substantial conformity with L.B.F. 9070-1.1.

(b)  Default Deadline to File Lists of Witnesses and Exhibits.  Parties intending to introduce evidence at any contested hearing must file a list of witnesses and exhibits no later than five days prior to the hearing. 

(c)  Marking of Exhibits.  Each exhibit must be individually marked for identification prior to the hearing.  Plaintiff/movant/claimant must mark exhibits numerically, and defendant/respondent/objector must mark exhibits alphabetically.  Multipage exhibits must be individually paginated/numerated for ease of reference.

(d)  Exchanging Exhibits.  Copies of marked exhibits must be exchanged with opposing attorney or party, but not filed with the Court, no later than five days prior to the hearing.  Parties may exchange marked exhibits in any manner appropriate under the circumstances of the case, including exchanging copies of marked exhibits in paper or by electronic means.

(e)  Hearing Requirements.

(1)  Paper Exhibits and Exhibit Notebooks.  If paper exhibits are to be used, parties must provide an original plus two copies of the exhibits intended to be offered at the hearing to the Law Clerk or Courtroom Deputy and one copy to each opposing attorney or party before the hearing begins.  Parties granted permission to appear by telephone must file such documents.  Original exhibits are to be used by the witnesses.  Exhibits should be placed in a binder and indexed substantially in the form of L.B.F. 9070-1.1.

(2)  Electronic Exhibits.  All courtrooms are equipped for electronic evidence presentation, and any party may elect to utilize the available presentation systems for presenting evidence.  Parties intending to use technology in the courtroom must comply with current courtroom technology procedures.  If electronic exhibits are to be used, parties must provide two USB drives with electronic copies of all marked exhibits intended to be offered at the hearing to the Court before the scheduled court proceeding begins.  Parties granted permission to appear by telephone must file such documents.

(3)  Post-Hearing Requirements.  Upon the conclusion of the trial or hearing, the attorneys or parties must retain custody of their respective original exhibits and deposition transcripts until all need for the exhibits and deposition transcripts has terminated and the time for appeal has expired, or all appellate proceedings have been terminated, plus 60 days.  In the event an appeal is filed, the attorneys or parties must provide their exhibits to the appellate court pursuant to the appellate court’s direction.

Commentary

See also L.B.R. 2081-3 and 4001-1 providing different procedures for the exchange of witness and exhibit lists in certain circumstances.