Local Rule LCrR 56.2: CUSTODY OF EXHIBITS IN CRIMINAL CASES

LCrR 56.2 CUSTODY OF EXHIBITS IN CRIMINAL CASES

(a) PRIOR TO VERDICT.

A party in a criminal proceeding shall retain its exhibits until they are marked for identification and received in evidence. All exhibits shall thereafter be retained by the Clerk until verdict except that exhibits consisting of narcotics, weapons, money or articles of high monetary value shall be retained by the United States Attorney during adjournment.

(b) AFTER VERDICT.

In cases where a verdict of not guilty or a judgment of acquittal is entered or a mistrial declared, each party shall immediately retake its exhibits from the Clerk unless otherwise ordered by the Court. In cases where a verdict of guilty is entered the Clerk shall retain all exhibits, except those exhibits described in section (c) of this Rule. If no appeal is perfected, each party shall retake its exhibits from the Clerk within 30 days after the date of final disposition of the case in this Court. If an appeal is perfected, each party shall retake its exhibits from the Clerk within 30 days after final disposition of the case by the appellate courts.

(c) SPECIAL EXHIBITS.

Exhibits consisting of narcotics, weapons, money or articles of high monetary value shall be transmitted by the Clerk to the United States Attorney or a designee who shall receipt for them. Exhibits offered by any party which are large and unwieldy, such as diagrams, models, physical displays, etc., shall also be so transmitted unless otherwise ordered by the Court. The United States Attorney shall preserve and maintain in custody all exhibits so transmitted for the periods of time specified in section (b) of this Rule.

(d) DESTRUCTION OF EXHIBITS.

If any party, having received notice from the Clerk to retake exhibits as provided in section (b) of this Rule, fails to do so within 30 days of the date of such notice, the Clerk may destroy or otherwise dispose of those exhibits.