You are here


(a)   Custody During Pendency of Action

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

(b)   Claiming Items After Disposition of Action

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

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

(2)     if the case is appealed, within twenty-eight (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 otherwise ordered.

(c)   Procedure for Claiming Items

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 The party withdrawing them must give the Clerk a detailed receipt when the items are withdrawn.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

(d)   Failure to Claim Items

If the parties fail to claim the items within the deadline in subparagraph (b), the Clerk may dispose of them in any manner directed by the Court.

(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.