Rule 4. Exhibits – Duties of
An appellant is responsible for ensuring that all exhibits necessary for the determination of any point relied on are deposited or filed with the Court. Copies of trial exhibits may be filed electronically with this court if the opposing party consents in accordance with Rule 18. Any other party may deposit or file exhibits relevant to any point relied on. Original exhibits may be deposited with the Court in accordance with Supreme Court Rule 81.16 and this special rule. Copies of exhibits may be contained in a legal file which is prepared in accordance with all applicable court rules. Original exhibits shall not be included in a legal file.
In the event a party other than appellant has custody of an exhibit, the appellant shall request the exhibit in writing from the party having custody. A copy of this written request shall be filed with the Court. Upon receipt of the written request, the party having custody of the exhibit shall promptly deposit the exhibit with this Court in proper form or deliver it to the appellant. The foregoing procedure may be used by any party desiring to deposit an exhibit which is in the custody of another party.
Each exhibit shall be labeled with the case number and shall be contained collectively in an envelope which has been labeled with the number and style of the case, the name and address of the attorney or if the party is unrepresented, the name and address of the party depositing same with the Court, and an index of the exhibits enclosed.
When an exhibit is too large to be contained in an envelope, the exhibit shall be labeled with the number and style of the case and the name and address of the attorney or if the party is unrepresented, the name and address of the party depositing the exhibit. An index shall be prepared which lists the separately deposited exhibits.
If a case necessitates the depositing of both exhibits which may be deposited collectively and exhibits which must be deposited separately because of size, the index affixed to the envelope shall also state the existence and description of those separately deposited exhibits.
Should a party fail to withdraw all exhibits deposited with the Court within 30 days after the decision in the case has become final, said exhibits may be delivered to the Clerk of the Circuit Court from which the case originated or the disposition of said exhibits shall be made in accordance with Supreme Court Rule 81.16.
(Adopted Aug. 1, 1979, eff. Jan. 1, 1980. Amended Oct. 30, 1979; amended Jan. 18, 1982, eff. April 1, 1982; Aug. 31, 1990, eff. Oct. 1, 1990; March 21, 1995. Amended eff. March 17, 2004. Amended eff. Sept. 17, 2004. Amended eff. June 1, 2005. Amended April 10, 2012, eff. May 1, 2012.)