As amended through June 11, 2024
(1) Exhibits designated as part of the record on appeal shall not be transmitted to the appellate court unless requested by the Administrator. The Administrator will request transmittal of documentary exhibits when it requests transmittal of the trial court file under ORAP 3.15(2), or sooner if requested by a party. The Administrator will request transmittal of a nondocumentary exhibit only if requested to do so by a party to the appeal or at the direction of the court. A party wishing to have one or more nondocumentary exhibits transmitted to the appellate court shall notify the Administrator by letter specifying the exhibit or exhibits to be transmitted. The letter shall be submitted to the Administrator no later than the date of filing of that party's brief and shall be copied to all other parties to the appeal.(2) When the appellate court requests transmittal of documentary exhibits, the trial court administrator promptly shall transmit the documentary exhibits to the appellate court in a single envelope, so far as practicable, and shall note thereon or, if no envelope is used, on a separate list, the number and description of all exhibits being transmitted, with notations indicating those received and those not received in evidence.(3) Notwithstanding a party's request for nondocumentary exhibits pursuant to subsection (1) of this rule, the trial court administrator need not transmit exhibits which are bulky, dangerous or difficult to transmit or store, such as machinery, firearms, clothing, narcotics, chemicals, money, or jewelry, unless a party in its request to the Administrator identifies the exhibit with particularity and requests that the Administrator arrange to have the exhibit transmitted to the appellate court. The trial court administrator shall make appropriate notation of retained exhibits on the exhibit list.(4) If a party fails to comply with UTCR 6.120(2) requiring return of documentary exhibits within 21 days after receipt of the trial court's request, following the filing of a notice of appeal by any party, the appellate court may order that the appeal proceed without consideration of that party's exhibits.(5) For purposes of this rule, "documentary exhibits" include text documents, photographs and maps, if not oversized, and audio and video recordings. An oversized document is one larger than standard letter size or legal size.