You are here

B-9070-1. DISPOSITION OF EXHIBITS

(a)   Custody During Pendency of Action

An item offered into evidence in a case shall be placed in the Clerk’s custody. These items may not be claimed from the Clerk until the case is disposed of as to all issues, including appeals, unless the Court orders otherwise.

(b)   Claiming Items After Disposition of Action

The party that offered the items into evidence may claim them from the Clerk:

(1)     if the case is not appealed, within 90 days after the case is disposed of as to all issues; or

(2)     if the case is appealed, within 28 days after the mandate of the reviewing court is filed in the Clerk’s office and the case is disposed of as to all issues, unless the Court orders otherwise.

(c)   Procedure for Claiming Items

No motion or order is necessary to claim the items. The party withdrawing them shall give the Clerk a detailed receipt when the items are withdrawn. The Clerk shall file the receipt in the cause.

(d)   Failure to Claim Items

The Clerk may dispose of those items not claimed by the parties within the deadline set under subparagraph (b) of this rule.

(e)   Withdrawal of Original Records and Papers

No one may withdraw an original pleading, paper, record, model, or exhibit from the Clerk’s custody except as provided by this rule or by Court order.