Local Rule 11
 
RULE 11. EVIDENTIARY HEARING AND TRIAL PRACTICE

11.1

Exhibits. ( 9070-1)
Unless otherwise ordered by the Court, all exhibits must be filed electronically.

a.  Uniform Designation 

Proposed exhibits, including those appended to requests for admission, interrogatories and depositions, as well as those to be utilized during trial, or hearing, shall be uniformly identified during all phases of the case.

b.  Method of Designation 

All trial exhibits must be marked as follows:

1. Joint exhibits shall be marked "JX" and numbered on white labels;

2. Plaintiff's exhibits shall be marked "PX" and numbered on pink labels;

3. Defendant's exhibits shall be marked "DX" and numbered on blue labels;

4. Third-party exhibits shall be marked "TPX" and numbered on green labels.

5. For proceedings involving multiple plaintiffs or multiple defendants -  the identification of each exhibit must include:  

A.  the surname of the individual plaintiff or defendant; or

B.  the corporate name of the plaintiff or defendant.

c.  Advance Marking 

All exhibits must be marked for identification purposes prior to trial or hearing. Blank labels  are available upon request from the Clerk.

d.  List of Exhibits 

Each party must tender to the Court - at least 15 days before a trial of an adversary proceeding or other evidentiary hearing - a list of all exhibits the party intends to utilize at trial. The list must include the pre-marked number and a short description of the exhibit.

e.  Copies for Judge

Three copies of each document or written exhibit to be tendered during trial or hearing must be filed with the Clerk’s office five (5) days before the trial or evidentiary hearing. These copies are in addition to the original exhibits to be submitted into the record at the trial or hearing.

f.   Disposition of Exhibits (including exhibits to Depositions) (Amended October 3, 2006)

If any exhibits remain in the custody of the Clerk within three (3) months after the entry of a final order or following a mandate from the Court of Appeals, the Clerk will direct counsel of record to retrieve all exhibits filed. If the exhibits are not claimed within two weeks after notice to counsel of record to retrieve all exhibits filed by them, the Clerk may destroy those exhibits.

11.2

Courtroom Decorum. (5072-1 )

a.  Persons Permitted Inside the Bar of the Courtroom 

Only the following persons shall be permitted inside the bar of the courtroom - unless otherwise ordered by the Court:
1.  the parties;
2.  the witnesses when actually testifying;
3.  the attorneys duly admitted to practice before the Court and their paralegals working under their direction;
4.  the Court Security Officers and/or U.S. Deputy Marshals; and 
5.  other officers or employees of the Court.

b.  Possession and Use of Certain Equipment 

The operation or possession of the following equipment is strictly prohibited in any courtroom, hall, corridor, or foyer of any building used as a place of holding Court, whether or not Court is actually in session:
1.  recording devices;
2.  radio or television broadcasting devices; and
3.  equipment for taking photographs.
4.  Possession of cellular phones is not prohibited but the use of cellular phones is prohibited in any courtroom. All cellular phones should be turned off or should be prevented from ringing in a courtroom.

c.  Exceptions  

The presiding Judge may, however, permit the use of electronic or photographic means for the presentation of evidence or the perpetuation of a record or other circumstances as ordered.

d.   Children 

No child under the age of ten (10) years will be allowed in any courtroom.

e.  Sanctions   

Any person violating this Rule shall be subject to punishment for contempt.

f.  Notice  

Notice of this Rule shall be posted in a conspicuous place in all federal court buildings in the Western District of Kentucky.

         g.  Business Attire
   

All persons who appear before the United States Bankrutpcy Court - including                                attorneys, debtors, creditors and witnesses - shall wear attire that is appropriate for a court setting - business type clothing that is modest and professional.  No halter tops, no soiled clothing, no mini-skirts, no spandex, no athletic wear, no hats, etc. will be tolerated.  The court may refuse to hear a case if a party is wearing inappropriate clothing.

This page was last edited on 07/01/2008 at 10:54 AM .