D.N.D. Crim. L.R. 26.1

(A) MARKING EXHIBITS

Before a proceeding, a party must physically mark and number documents and objects expected

to be introduced as exhibits in the proceeding and must follow the requirements of the pretrial

order governing the marking of exhibits. Unless otherwise ordered, the parties must number the

exhibits consecutively, with each party using a separate number with sufficient gaps for

unanticipated or rebuttal exhibits (e.g., the plaintiff using numbers P1-P20 and the defendant using

numbers D50-D70).

(B) CUSTODY OF EXHIBITS

The clerk must retain custody of exhibits that have been offered in evidence unless the court orders

otherwise. Parties retaining custody of exhibits of unusual bulk or weight must permit inspection,

if requested, by another party and bear the responsibility for the exhibits’ safekeeping and

transportation to subsequent proceedings, if necessary.

(C) SENSITIVE EXHIBITS

(1) Sensitive exhibits include controlled substances, authentic or counterfeit currency,

articles of high monetary value, explosives, weapons, firearms, ammunition,

biohazardous materials, contraband of any kind (including child pornography and

child sexual abuse materials), and any other items designated as a sensitive exhibit.

(2) Explosives may not be brought into the courthouse or entered into evidence unless

approved in advance by the court.

(3) A party seeking admission of a sensitive exhibit, other than a firearm, must maintain

the exhibit in a sealed evidence bag or in a manner which prevents direct physical

access to the exhibit. The sealed evidence bag or container may not be opened

except upon direction of the court.

(4) A party seeking admission of a firearm must render the firearm inoperable, with a

weapon lock (such as a trigger guard lock or cable gun lock) or by removing the

firing pin (zip ties are not acceptable). The United States Marshals Service must

inspect the inoperable firearm at the time the firearm is brought into the courthouse.

Effective October 6, 2025

If a firearm is rendered inoperable by a weapon lock, the key to the lock must be

maintained outside the courtroom.

(5) Sensitive exhibits may not be sent to a jury room, unless directed by the court.

(6) The court must specify instructions for retention of sensitive exhibits, which may

include retention by the clerk, counsel, a case agent, or other individual. If the clerk

retained custody of a sensitive exhibit during a proceeding, immediately upon the

conclusion of the proceeding, the offering party or other custodian authorized by

the court must take custody of the sensitive exhibit and must execute a receipt

prepared by the clerk.

(D) RETURN OF EXHIBITS

After notice to all parties, the clerk must return exhibits to the offering party or other custodian

authorized by the court. A party or custodian who receives an exhibit must execute a receipt

prepared by the clerk and is responsible for retention and safekeeping of the exhibit for the duration

of subsequent proceedings.

Effective October 6, 2025