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E.D. Va. Local Civil Rule 79

Exhibits

activein force · 2024-12-01 – presentact-effective-date

(A) Submission of Trial Exhibits: In all civil actions, unless otherwise ordered by the Court, the party

intending to offer exhibits at trial shall place them in a binder, properly tabbed, numbered, and indexed,

and the original and two (2) copies shall be delivered to the Clerk, with copies in the same form to the

opposing party, one (1) business day before the trial. The submitting party may substitute photographs

for demonstrative or sensitive exhibits.

(B) Custody and Removal of Exhibits During and After Trial:

(1) Custody: After being marked for identification, exhibits offered or admitted in evidence in

any action tried in this Court shall be placed in the custody of the Clerk, unless otherwise ordered

by the Court. All other exhibits, models, and material not offered and admitted in evidence shall

be retained in custody of the attorney or party producing same at trial, unless otherwise directed

by the Court.

(2) Removal: Whenever any models, diagrams, exhibits, depositions, transcripts, briefs, tables,

charts, paper writings, articles, other items, material, or things have been placed in the custody of

the Clerk for introduction into evidence or otherwise, and same are not admitted or marked for

identification, or otherwise used, they shall be removed by the party who delivered or filed or

lodged them with the Clerk immediately following the conclusion of the trial or other disposition

of the action, unless otherwise directed by the Court. If such items are not withdrawn within ten

(10) days after the right to withdraw them exists, the Clerk may forward them to counsel or the

party entitled to them or destroy or make other disposition of them as the Clerk may deem

appropriate.

(3) Substitutions: Unless otherwise ordered by the Court, at the conclusion of the trial of a civil

action, photographs will be substituted for bulky exhibits and the exhibits shall be returned to the

tendering party. The tendering party is responsible for furnishing the photographs, which shall

accurately and fully depict the exhibits for which they are substituted.

(C) Final Disposition of Exhibits: All exhibits, models, diagrams, depositions, transcripts,

briefs, tables, charts, paper writings, articles, other items, material, or things introduced,

tendered, lodged, or marked in the trial of a civil action or lodged, filed, or delivered to the Clerk in

anticipation of their introduction into evidence or for use at trial, shall be withdrawn by the parties to the

litigation or their counsel upon the expiration of thirty (30) days after the judgment has become final and

the time for appeal or application for a rehearing or further hearing shall have passed. If such items,

material, or things are not so removed within the time aforesaid, the Clerk may forward them to counsel

or the party entitled thereto or shall destroy or make such other disposition or use of them as the Clerk

may deem appropriate. The Court may at any time direct or order one or more counsel to be the

custodian of the exhibits and depositions rather than the Clerk.

Provenance

Source
www.vaed.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-18
Content hash
6c404030d551f059c3b254cdacf3cb4f1b3fe082cd549aea0c5f5fbc498631d8
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E.D. Va. Local Civil Rule 79 — Exhibits · binding.law