Rule 24.040.Exhibits

Start with relevance. Only the portions of the trial transcript or other documents directly relevant to the petitioner's claims have to be attached to the petition or amended petition as an exhibit, or identified in the petition where UTCR 24.030 applies. A post-conviction case does not need the whole criminal record reproduced in it.

Numbering runs across the case, not across a document. Each exhibit is numbered sequentially with no duplication, whenever it is submitted and whatever pleading it relates to, so exhibit numbers stay unique from the petition through trial. An exhibit may not be submitted more than once, and the only exception is a corrected version of one already filed. When a later pleading relies on an exhibit filed earlier, that pleading must describe the exhibit, name the pleading it was filed with, and give the date that pleading was filed.

Submission depends on whether you are an authorized eFiler under UTCR 21.030(1)(a). If you are, documentary exhibits are submitted electronically, and each exhibit goes in as its own separate electronically filed document rather than as pages inside another filing. The format requirements of UTCR 21.040 apply. Audio and video recordings are outside that, and the court can order otherwise in any case.

If you are not an authorized eFiler, documentary exhibits are submitted under UTCR 6.050(3), which routes trial exhibits through the assigned judge rather than the clerk. Two carve-outs sit above the submission requirements. Those requirements do not reach a petitioner who relies on the underlying case file under UTCR 24.030, and they do not reach a document that UTCR 21.070(3)(g) sends to conventional filing because it is filed under seal or subject to in camera inspection. The rest of the rule still applies: relevance, sequential numbering, and the bar on submitting an exhibit twice.