Rule 29. Exhibits
Effective January 1, 2022
A. Documentary Exhibits.
Documentary exhibits, including testimony in written form filed in Administrative Agency proceedings and photographs, shall be included in separate volumes that conform to the requirements of Appendix A(1), (2)(a), (11), and (12). The Court Reporter shall also prepare an index of the exhibits contained in the separate volumes that conforms to the requirements of Appendix A(14). Documentary exhibit volumes shall be submitted in electronic format in accordance with Appellate Rule 28(c). Documentary exhibit volumes submitted in electronic format shall additionally conform to the requirements of Appendix A(15)-(19). The documentary exhibit volumes shall be transmitted to the Clerk with the electronic Transcript, using the same method of transmission as the electronic Transcript.
B. Audio and Video Recordings.
Exhibits in the form of audio or video recordings shall be separately submitted to the Clerk on CD, DVD, flash drive, or other physical media at the same time as the Transcript and documentary exhibits are filed. Such CDs, DVDs, flash drives, or physical media shall be submitted in an envelope stapled into a conventional volume. Audio or video recordings submitted on physical media in criminal cases shall be returned to the trial court five (5) years after the appellate case is concluded. Audio or video recordings submitted on physical media in civil cases shall be returned to the trial court sixty (60) days after the appellate case is concluded.
C. Nondocumentary and Oversized Exhibits.
Nondocumentary and oversized exhibits shall not be sent to the Court, but shall remain in the custody of the trial court or Administrative Agency during the appeal. Such exhibits shall be briefly identified in the Transcript where they were admitted into evidence. Photographs of any exhibit may be included in the volume of documentary exhibits. Nondocumentary and oversized exhibits sent to the Court in criminal cases shall be returned to the trial court five (5) years after the appellate case is concluded. Nondocumentary and oversized exhibits sent to the Court in civil cases shall be returned to the trial court sixty (60) days after the appellate case is concluded.
D. Access to Court Records Rule 7.
If an exhibit was accompanied by the separate written notice required by Access to Court Records Rule 7, the Court Reporter must comply with the requirements of Appellate Rule 23(F) when the exhibit is thereafter filed with the Trial Court Clerk.