Local Rule DUCivR 83-3: CUSTODY, FILING, AND DISPOSAL OF HEARING OR TRIAL EXHIBITS
D. Utah — Civil rule
DUCivR 83-3 CUSTODY, FILING, AND DISPOSAL OF HEARING OR TRIAL EXHIBITS
(a) Custody of Exhibits.
(1) Exhibits Returned to the Offering Party.
(A) Unless the court orders otherwise, the courtroom deputy will return exhibits in their custody at the conclusion of a hearing or trial to the offering party.
(B) The courtroom deputy will prepare a receipt that identifies the returned exhibits when the offering party takes custody. The offering party must sign and return the receipt to the courtroom deputy and take possession of the exhibits. The courtroom deputy will docket the signed receipt.
(2) Offering Party's Obligation During Appeal. Unless the court orders otherwise, the offering party must keep any exhibits, whether admitted or offered-and-not-admitted, and must deliver them to the appellate court, if required. This obligation remains in effect until any appeal is resolved or the time for appeal has expired.
(3) Access to Exhibits During the Appeal. For preparation of the record on appeal, a party must make available all original exhibits, or copies, to any other party on request or court order.
(4) Exhibits Ordered to Remain in Custody of the Clerk. When the court has ordered the Clerk of Court to retain custody of an exhibit, the Clerk's Office must retain custody until any appeal is resolved or the time for appeal has expired.
(b) Retention of Exhibits.
(1) Original Exhibits.
The offering party must retain the original exhibit.
(2) Delivery of Exhibits for Retention.
(A) Within 14 days after the docketing of the court's witness and exhibit list, each party must deliver a digital storage device containing its respective exhibits, admitted and offered-but-not-admitted, to the Clerk's Office. The Clerk's Office will docket a notice of receipt. If a notice of receipt is not docketed, within 21 days after the docketing of the court's witness and exhibit list, the opposing party may deliver the other party's exhibits to the Clerk's Office.
(B) Exhibits that are designated sealed on the court's witness and exhibit list must be delivered on a separate and marked digital storage device.
(C) A photograph of a bulky or sensitive exhibit may be included on the storage device. Examples of bulky or sensitive exhibits include:
(i) controlled substances, poisonous or dangerous chemicals, or intoxicating liquors;
(ii) firearms, ammunition, or explosive devices;
(iii) pornographic materials;
(iv) jewelry;
(v) money or articles of high monetary value or counterfeit money;
(vi) demonstrative exhibits; and
(vii) documents or physical exhibits of unusual bulk or weight.
(c) Disposal of Exhibits in the Custody of the Clerk of Court.
(1) The Clerk's Office will notify the offering party when exhibits retained by the Clerk of Court may be collected.
(2) The offering party must collect the exhibits within 14 days of the notice. The same process in section 83-4(a)(1)(B) must be followed.