Local Bankruptcy Rules – Western District Of Oklahoma

| Local Bankruptcy Rules

PART IX. GENERAL PROVISIONS

RULE 9017-1 EVIDENCE

A. Hearing not Held. If a request for relief is based upon facts not appearing of record, the Court may, at its discretion, order the filing of affidavits and determine the matter without a hearing. See Bankruptcy Rule 9017 which adopts Fed. R. Civ. P. 43.

B. Time to File and Serve Exhibit and Witness List. See Local Rule 9014-1.

C. Marking and Disclosure of Exhibits. All exhibits which are intended to be offered in evidence at a trial or hearing must be marked for identification and provided to opposing counsel and two (2) copies to the Court at least five (5) business days prior to the trial or hearing, or as may otherwise be ordered by the Court. Exhibits must be contained in a notebook or notebooks and be sequentially numbered in the lower right corner. The notebook(s) must be labeled with the case name and number and the respective party’s name and the exhibit numbers contained therein. The notebooks(s) shall also contain an index of the exhibits contained therein.

D. Bulky or Heavy Exhibits. The Court may provide for preservation of evidence as justice may require; however, exhibits will not be docketed. Evidence such as objects, exhibits, diagrams, charts, and drawings on a chalkboard may be photographed under the supervision of the Court. Exhibits which have been received into evidence may be withdrawn from the custody of the Court before final disposition of the case or proceeding only upon order of the Court. Any party receiving exhibits prior to final disposition must retain custody of, and be responsible for the safekeeping of such exhibits until final disposition of the case or proceeding. Any exhibit not withdrawn at the conclusion of the case or proceeding or within sixty (60) days following final disposition of a case or proceeding may be destroyed or otherwise disposed of by the Clerk.

E. Legibility. All evidence proposed to be used or introduced in a hearing or trial must be clearly legible.