14 As used in this rule, standard exhibits include documents, photographs, and video or other electronically stored data on a disk or storage device–it does not include sensitive or bulky exhibits. The court shall not take custody or possession of physical evidence. Attorneys offering physical evidence at a trial or hearing must submit a photograph of the item to the court, which will retain the photograph as part of the record in lieu of the physical item. At the conclusion of the hearing or trial, physical evidence shall be returned to the custody of the party who offered the item, and they shall be responsible for transporting and safekeeping the exhibit until the time to appeal has expired or any appeal taken has concluded. The party in charge of the exhibit shall permit inspection of the exhibit by any party for purposes of preparing the record on appeal. (b) Sensitive and Bulky Exhibits. At all times sensitive or bulky exhibits such as money, drugs, and firearms shall remain in the custody of the party producing them. A signed receipt identifying the exhibits returned is to be filed in the case. The party to whom the exhibit is returned shall permit inspection of the exhibit by any party for purposes of preparing the record on appeal and shall be responsible for transporting and safekeeping the exhibit until the time to appeal has expired or any appeal taken has concluded. (c) Return of Standard Exhibits. Unless otherwise ordered, at the conclusion of the trial or hearing, standard exhibits in the custody of the court shall be retained until the time to appeal has expired or any appeal taken has concluded. Standard exhibits shall be returned to the party who introduced them into evidence. A signed receipt identifying the exhibits returned and/or destroyed is to be filed in the case. If the party fails to retrieve the exhibits within sixty (60) days after the time for appeal has expired, the court shall destroy or otherwise dispose of exhibit(s). History: Adopted September 21, 2021, effective De- cember 1, 2021; amended September 4, 2024, effective November 4, 2024.
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