| RULE
11. |
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EVIDENTIARY
HEARING AND TRIAL PRACTICE |
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11.1 |
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Exhibits.
( 9070-1) |
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Unless otherwise ordered by
the Court, all exhibits must be filed electronically. |
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a.
Uniform Designation |
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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. |
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b.
Method of Designation |
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All trial exhibits must be marked as
follows: |
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1. Joint
exhibits shall be marked "JX" and numbered on white labels; |
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2.
Plaintiff's exhibits shall be marked "PX" and numbered
on pink labels; |
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3.
Defendants exhibits shall be marked "DX" and numbered
on blue labels; |
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4.
Third-party shall be marked "TPX" and numbered on green labels. |
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5.
For proceedings involving multiple plaintiffs or multiple
defendants - the identification of each exhibit must
include: |
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A. the
surname of the individual plaintiff or defendant or |
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B. the corporate name of
the plaintiff or defendant. |
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c.
Advance Marking |
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All exhibits
must be marked for identification purposes
prior to trial or hearing. Blank labels are available upon
request from the Clerk. |
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d.
List of Exhibits |
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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. |
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e.
Copies for Judge |
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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. |
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f.
Disposition of Exhibits including exhibits to
Depositions (including exhibits to
depositions) (Amended October 3, 2006) |
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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. |
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11.2 |
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Courtroom
Decorum. (5072-1 ) |
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a.
Persons
Permitted Inside the Bar of the Courtroom |
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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. |
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b.
Possession and Use of Certain Equipment
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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. |
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c.
Exceptions |
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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. |
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d.
Children |
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No child under the age of ten (10) years
will be
allowed in any courtroom. |
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e. Sanctions |
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Any
person violating this Rule shall be subject to punishment for
contempt. |
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f. Notice
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Notice
of this Rule shall be posted in a conspicuous place in all
federal court buildings in the Western District of Kentucky. |