In Texas state practice, admitted trial exhibits are attached to the court reporter's record. Where an exhibit is very valuable (e.g. a bearer bond) or dangerous (a firearm) or very bulky (an image as large as a billboard), trial judges will often grant motions for images of exhibits to be substituted for the exhibits themselves.
At the court reporter's request, the trial court clerk
must give all original exhibits to the
reporter for use in preparing the
reporter’s record. Unless ordered to
include original exhibits in the reporter’s
record, the court reporter must return the
original exhibits to the clerk after
copying them for inclusion in the
reporter’s record. If someone other than
the trial court clerk possesses an original
exhibit, either the trial court or the
appellate court may order that person to
deliver the exhibit to the trial court clerk.
If the trial court determines that
original exhibits should be inspected by
the appellate court or sent to that court in
lieu of copies, the trial court must make
an order for the safekeeping,
transportation, and return of those
exhibits. The order must list the exhibits
and briefly describe them. To the extent
practicable, all the exhibits must be
arranged in their listed order and bound
firmly together before being sent to the
appellate clerk. On any party's motion or
its own initiative, the appellate court
may direct the trial court clerk to send it
any original exhibit.
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