Rule 14: Exhibits

Section 48-163, R.R.S. 2021.

Effective date: January 24, 2024.

Rule 14(A)

A. Marking and Numbering. All exhibits shall be marked in numerical order, irrespective of the party producing them, show the date on which they were marked, and indicate the number of pages the exhibit contains. The sequential numbering of exhibits shall begin with the first trial, hearing, or deposition held in the case and continue until final disposition. The same number shall not be given to more than one exhibit in any case. Multiple-page exhibits shall be stapled and numbered sequentially by the parties, and organized in chronological order according to the time of occurrence, with the earliest dated material first and the most recent dated last. If the pages of an exhibit are not numbered, the court reporter or judge may number the pages in sequence.

Rule 14(B)

B. Documentary Exhibits.

1. A documentary item of evidence offered in paper form to the court may remain in paper form and shall be easily readable.

2. All exhibits shall be marked and numbered as provided in Rule 14,A above.

3. Exhibits must also comply with Rule 2,C.

4. Court staff will not print exhibits for the parties.

Rule 14(C)

C. Media Exhibits.

1. A media exhibit offered in an original format to the court may remain in its original format. All exhibits shall be marked and numbered as provided in Rule 14,A above.

2. Digital video exhibits shall be in a format compatible for viewing on standard editions of Windows Media Player and/or VLC Media Player. If any other type of video exhibit is presented to the court which cannot be viewed on Windows Media Player and/or VLC Media Player, the video exhibit shall be submitted with any necessary additional player application software that allows the exhibit to be easily viewed by the court. Video exhibits may be provided to the court on the following media storage devices: CD, DVD, or flash drive. The storage device shall contain only the exhibit(s) and any required player application software and no other files.

3. Digital audio exhibits shall be submitted to the court in a format capable of playback on standard editions of Windows Media Player and/or VLC Media Player. If any other type of audio recording is presented to the court which cannot be played back on Windows Media Player and/or VLC Media Player, the party submitting the audio recording shall provide at his or her own expense the appropriate player application software for playback. Audio exhibits may be provided to the court on the following media storage devices: CD, DVD, or flash drive. The storage device shall contain only the exhibit(s) and any required player application software and no other files.

4. Analog exhibits shall not be provided to the court. Analog exhibits shall be converted to an appropriate digital file format for viewing or playback as provided in Rule 14,C,2 or Rule 14,C,3 above at the expense of the party offering the exhibit.

5. In the event that the court is unable to play any media exhibit, the party offering the exhibit shall be responsible to provide any necessary support.

Rule 14(D)

D. Physical Exhibits. Physical exhibits may be allowed. The term “physical evidence” means any nondocumentary items or any other physical item.

Rule 14(E)

E. All exhibits must be submitted at the time of the hearing or other evidentiary proceeding consistent with Rule 10,A. In the event the attorney will not be physically present before the judge at any hearing or other evidentiary proceeding, all exhibits to be offered must be delivered to the court by mail or hand-delivery at least 24 hours in advance of such hearing or other evidentiary proceeding except by permission of the trial judge.