Local Rule RULE 79.1: CUSTODY AND DISPOSITION OF MODELS AND EXHIBITS

RULE 79.1 CUSTODY AND DISPOSITION OF MODELS AND EXHIBITS

(A) Custody.

After being received into evidence, or offered and refused admission, all models, diagrams, exhibits and material forming part of the evidence in any cause pending or tried in this court, will be placed in the custody of the clerk of this court, unless otherwise ordered by the presiding judge.

(B) Removal.

All models, diagrams, exhibits or material placed in the custody of the clerk of this court must be taken away by the attorney or party if not represented by an attorney, who offered them within 60 days after the case is decided unless an appeal is taken. In all cases in which an appeal is taken, they must be taken away within 30 days after the filing of the mandate of the reviewing court which disposes of the case. At the time of removal, a detailed receipt must be given to the clerk of this court and filed in the cause. If bulky exhibits are included in the evidence received or offered, the presiding judge may order that a photograph be taken of the bulky exhibit and the photograph be placed in the record in place of the bulky item.

(C) Neglect to Remove.

If an attorney or a party, if not represented by an attorney, neglects to remove any models, diagrams, exhibits or materials within 30 days after notice from the clerk of this court, they may be sold by the clerk of this court at public or private sale or otherwise disposed of as the presiding judge may direct. If they are sold, the proceeds, less the expense of the sale, will be paid into the Registry of the Court pending further order of the presiding judge.