§ Rule 79-I. Copies and Custody of Papers Filed

Rule 79-I. Copies and Custody of Papers Filed

 

(a) Certified Copies.

 

(1) Upon receiving and filing any paper the Clerk shall stamp the date of filing on the face of the paper next to the title of the cause and shall also stamp the date of filing separately upon any exhibit. If any person filing any paper requests a certification of such filing, a copy of the paper provided by such person shall be marked to show the time and date of the filing and initialed by the person with whom the paper was filed. Such certified copy shall be prima facie evidence in any proceeding that the original of the paper was filed as shown by the certification.

 

(2) Any filings made electronically as permitted by these rules or by Administrative Order shall be considered date stamped as specified by Administrative Order.

 

(b) Custody of Documents.The Clerk of the Civil Division or a designee shall be the custodian of all papers filed in CA actions. No original paper, document or record in any case shall be removed from its place of filing or custody, except under the following conditions:

 

(1) Except with approval of the court, no paper, document, or record shall be taken from the courthouse by any person other than the custodian of the paper, document, or record, who shall retain possession thereof and shall return it to its place of filing immediately upon completion of the purpose for which it was removed.

 

(2) When required for use before a division of this Court or a person to whom the case has been referred for consideration, or when ordered by 1 of the judges of this Court, the custodian, the custodian's assistant, any attorney or party to the case, or any person designated by 1 of the judges may be permitted to remove such paper, document or record for the use required or ordered.

 

(3) In any case where the paper, document or record is removed by any person other than the custodian, or the custodian's assistant, a receipt shall be given to the custodian and the paper, document or record, shall be returned to its place of filing or custody immediately upon completion of the purposes for which it was removed.