Procedures in Support of New Local Rule 9070-1

Local Rule 9070-1 sets forth guidelines for the retention and disposal of exhibits by the Clerk. As soon as certain exhibits may be destroyed or otherwise disposed of under the new rule (and assuming the exhibits have not already been removed by the party that introduced them), the Courtroom Deputy for the presiding judge will docket an event titled “Notice Regarding Exhibits (Intent Due).” This event will direct the appropriate party to file, within 10 days, a “Statement Regarding Exhibits.”

 

The “Statement Regarding Exhibits” is a new form available on the Court’s website (Local Formsà General Formsà Statement Regarding Exhibits (AP) or Statement Regarding Exhibits (BK)). It requires a party to indicate whether they wish for their exhibits to be returned or destroyed. To file the new form, parties should use the event code “Statement Regarding Exhibits” under Bankruptcy Events → Other.

 

If a statement is not timely filed by the appropriate party, their exhibits will be destroyed.

 

If a statement is timely filed by the appropriate party and requests that their exhibits be returned, the Courtroom Deputy will docket an event titled “Notice Regarding Exhibits (Retrieval Due),” which will give the party 30 days to arrange for the retrieval of the exhibits—at their own expense.