A. Retention of Exhibits

Original exhibits shall be retained by the attorney or pro se party producing them unless the court orders them deposited with the clerk.

B. Exhibits Subject to Orders of Court

Original exhibits retained under section A and original transcripts ordered by any party but not filed are subject to orders of the judge. Upon request, parties shall make the exhibits and transcripts or copies thereof available to any other party to copy at its expense to enable that party to designate or prepare the record on appeal.

C. Removal of Exhibits

Exhibits which have been deposited with the clerk shall be removed by the party responsible for them (1) If no appeal is taken, within ninety days after a final decision is rendered, or (2) within thirty days after the mandate of the reviewing court is filed. Parties failing to comply with this rule shall be notified by the clerk to remove their exhibits. Thirty days after such notice, the material shall be sold by the United States marshal or clerk of the Court at public or private sale, or otherwise disposed of as the judge directs. The net proceeds of any such sale shall be paid to the Treasurer of the United States.

D. Records in Custody of Clerk

Pleadings and records filed and exhibits deposited with the clerk shall not be withdrawn from the custody of the Court except as provided by these rules or upon order of court.

E. Receipt for Withdrawal of Exhibits

Parties withdrawing their exhibits from the Court's custody and persons withdrawing items pursuant to an order of court shall give the clerk a signed receipt identifying the material taken, which receipt shall be filed and docketed.

Committee Note: This rule is based on local General Rule 33, modified to apply to transcripts in section B.