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E.D.N.C. Local Civil Rule 39.1

Preparations for Trial

activein force · 2023-05-01 – presentact-effective-date

(a) In General.

Seven days preceding the first day of the session during which a civil action

is set for trial, all parties shall file with the clerk:

(1) A concise memorandum of authorities on all anticipated evidentiary

questions and on all contested issues of law, and

(2) Motions relating to the admissibility of evidence; however, no party

shall be required to file a written response to a motion relating to the

admissibility of evidence that is filed after the final pretrial

conference has taken place.

(b) Exhibits.

(1) All exhibits shall be pre-marked with stickers with the sequential

numbers listed in the pretrial order. Each exhibit at trial shall include

the case number of the action on the exhibit sticker and a party

designation where there are different plaintiffs and defendants

introducing exhibits.

(2) Copies of all exhibits, properly bound, shall be provided to the court

at the beginning of the trial.

(3) The original of each exhibit shall bear a sticker. After receipt into

evidence, each original exhibit shall remain in the custody of the

courtroom deputy, except when being used by a witness or viewed

by the jury.

(4) Each copy of any exhibit shall bear the photostatic image of the

sticker or a typed or printed reproduction thereof.

(5) The parties are encouraged to provide one or more copies of exhibits

for use by the jury.

(6) Upon presentation of an exhibit to a witness, the party shall announce

to the court the exhibit number. The exhibit shall not be handed to

the opposing party. Should the opposing party contend that a copy

has not been provided or that the exhibit has been lost or misplaced,

the opposing party shall bring the issue to the attention of the court.

(c) Related Rules.

The parties shall comply, as provided therein, with Local Civil Rules 16.1,

47.1(b), and 51.1 (or Local Civil Rule 52.1 in non-jury cases).

Provenance

Source
www.nced.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
de02f39679aa9acffd585dace22e1e70418025b6a9c7f415d50fef87eb1f8f29
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