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Clerk Handbooks
Supreme Court Rules



Section/Rule:
81.16

Subject:
Rule 81 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Appeals
Publication / Adopted Date:
June 13, 1979

Topic:
Exhibits
Revised / Effective Date:
January 1, 2017

81.16. Exhibits - Records on Appeal - Transcript, Exhibits Need Not Be Incorporated

(a) If original exhibits are necessary to the determination of any point relied on, they shall be deposited in the appellate court by the appellant. If a party other than appellant has custody of exhibits, appellant may request that party to either deposit the exhibits with the appellate court or deliver them to appellant for depost with the court. The party having custody shall either promptly deliver them to appellant or deposit them with the court. Respondent may deposit such additional exhibits as respondent considers necessary.

(b) A party depositing exhibits with the appellate court shall file a listing and description of the exhibits deposited.

(c) If it is impracticable to deposit any exhibit, it may be represented by photograph, mechanical drawing, or other means that fairly depict the exhibit.

(d) Original exhibits shall be deposited with the appellate court on or before the day the reply brief is due or when the court so directs, whichever is earlier. Any exhibits not timely deposited may be considered by the court as immaterial to the issues on appeal.

(e) Unless deposited exhibits are removed from the custody of the clerk within 30 days after the case is finally decided, upon prior notice to the parties, they may be destroyed or disposed of by the clerk. Exhibits shall not be destroyed or disposed of in post-conviction proceedings.

(Former Rule 81.15 adopted June 13, 1979, eff. Jan. 1, 1980. Amended July 27, 1979. Renumbered from Rule 81.15 and amended June 1, 1993, eff. Jan. 1, 1994. Amended Dec. 20, 2005, eff. July 1, 2006; May 19, 2016, eff. Jan. 1, 2017.)