W.D.N.Y. Loc. R. Crim. P. 26

(a) All exhibits offered by any party at trial, whether or not received as evidence, shall be

retained after each day of trial by the party or attorney offering the exhibits, unless the

Court orders otherwise. Immediately after the case is submitted to the trier of fact, all

exhibits received into evidence shall be delivered to the courtroom deputy. After a verdict

is rendered, responsibility for custody of all exhibits reverts back to the parties.

(b) In the event an appeal is prosecuted by any party, each party to the appeal shall promptly

file electronically any exhibits to be transmitted to the Appellate Court as part of the record

on appeal. Documents that cannot be filed electronically, and physical exhibits other than

documents, shall remain in the custody of the attorney producing them who shall permit

their inspection by any party for the purpose of preparing the record on appeal and who

shall be charged with the responsibility for their safekeeping and transportation to the

Court of Appeals. Those exhibits not transmitted as part of the record on appeal shall be

retained by the parties who shall make them available for use by the Appellate Court upon

request.

(c) If any party receives notice from the Clerk of Court concerning the removal of paper or

other physical exhibits, and fails to do so within thirty (30) days from the date of notice,

the Clerk of Court may destroy or otherwise dispose of those exhibits.

(d) At the close of trial, the government and defendant shall submit a final exhibit list,

specifying the date an exhibit was marked and admitted into evidence, which the court

shall file as a court exhibit after the verdict is rendered.