Compliance Corner
For anyone presenting exhibits into evidence in Nebraska workers’ compensation case, the Cornhusker State sets out a series of steps to follow. As Simply Research subscribers know, those steps are as follows.
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.
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. All Exhibits must be single-sided only.
(2) All exhibits shall be marked and numbered. Additionally, the first page of each exhibit must include the total number of pages contained in each exhibit (for example, “Page 1 of 32”).
(3) Exhibits must also comply with Rule 2,C.
(4) Court staff will not print exhibits for the parties including PDF documents saved to a portable drive (such as a flash drive).
(5) A portable drive (such as a flash drive) containing PDF documents will not be accepted as a single exhibit or media exhibit. All documents to be offered as an exhibit must be printed.
Media Exhibits; File Formats; Physical volume of Media Exhibits on Appeal
Glossary Check: Media exhibits include digital data files not readily convertible to PDF, digital audio files, digital video files, analog audio tapes, and analog video tapes.
(1) A media exhibit offered in an original format to the court may remain in its original format. A media exhibit does not include documents in PDF format saved to a portable drive (such as a flash drive). All exhibits shall be marked and numbered.
(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.
Physical Exhibits
Physical exhibits may be allowed.
Glossary Check: The term “physical evidence” means any nondocumentary items or any other physical item.
Deadlines
All exhibits must be submitted at the time of the hearing or other evidentiary proceeding. 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.
