W.D. Ark. Local Rule 79.1

(a) Temporary Removal. No record or material may be removed from the Clerk's office without

written leave of the Court previously obtained except by a master, auditor, or other person to whom

the record or material has been referred. Any person withdrawing any record or material shall give

to the Clerk at the time of withdrawal a receipt specifying the items withdrawn, the date of

withdrawal and the date the item is to be returned.

(b) Permanent Withdrawal. The Court may by prior order permit a document or exhibit to be

permanently withdrawn from the file maintained by the Clerk, but the party requesting the same

shall furnish the Clerk a receipt and an appropriate replacement for the original. The replacement

shall then be filed in lieu of the withdrawn original.

(c) Judge's Files. In no event shall the Judge's files be removed or examined without order of the Court.

(d) Custody of Exhibits.

(1) All exhibits offered in evidence, whether admitted or excluded, shall be held in the custody

of the Clerk until the trial of the cause is completed. Exhibits offered at trial shall be

marked for identification by the Clerk. During the course of the trial, the Court may permit

counsel to withdraw or substitute exhibits. At the end of the trial the Clerk or the

courtroom deputy acting for the Clerk is directed to return to respective counsel all exhibits

introduced during the trial, and to obtain a receipt therefor from counsel. The exhibits are

to be retained by counsel until the time for filing notice of appeal has expired.

(2) Upon the filing of a notice of appeal, or at any other time, counsel shall, upon request by the

Clerk, return the exhibits to the Clerk within 24 hours after such request is made. Sensitive

exhibits such as firearms, explosive devices, untaxed whiskey, counterfeit money, and

narcotics are excluded from this portion of the order pertaining to returning exhibits to

the Clerk. During the trial of a cause the sensitive exhibits named above shall be retained

by the United States Attorney or the representative of the agency of the United States

involved in that particular cause.

(3) Upon the return of a not guilty verdict in a case in which a sensitive exhibit has been

introduced and it is questionable whether the exhibit should be returned to the defendant,

the Clerk is directed to take custody of the exhibit pending an order from the Court for its

disposition.

(4) In the event of a mistrial, it shall be the responsibility of counsel to preserve and protect the

exhibits which will be needed for the retrial.

(5) If a case is taken under advisement by the Court and the Court is of the opinion that the

exhibits will be needed in preparing its findings of fact and conclusions of law, or in the

writing of its memorandum opinion, the Court shall then direct that the exhibits be retained

by the courtroom deputy.

(a) through (c) adopted and effective May 1, 1980

(d) Adopted and effective November 22, 1982