Local Rule Local Criminal Rule 55: Exhibits
E.D. Va. — Criminal rule
LOCAL CRIMINAL RULE 55
EXHIBITS
(A) Submission of Trial Exhibits: All exhibits, models, or diagrams, documentary or physical, introduced in the trial of a criminal case or otherwise lodged in anticipation of their introduction into evidence in the trial of a criminal case, shall be retained by the Clerk to be disposed of at the time and in the manner provided herein or directed by the Court.
(B) Custody and Removal of Exhibits During Trial: Unless otherwise ordered by the Court, the courtroom deputy shall maintain custody of all exhibits offered or received in evidence when the Court is in session. During all recesses, the appropriate law enforcement representative or the attorney for the party producing sensitive exhibits shall maintain custody of such exhibits. Sensitive exhibits include, but are not limited to, drugs, weapons, currency, any object capable of being used as a weapon, any hazardous substance, or item of great monetary value.
(C) Custody and Disposition of Exhibits After Trial:
(1) Unless otherwise ordered by the Court, at the conclusion of the trial of any criminal case, photographs of all sensitive exhibits will be substituted for the exhibits and the exhibits will be returned to the tendering party. The tendering party is responsible for furnishing the photographs, which shall fully and accurately depict the exhibits for which they are substituted.
(2) Biological evidence (e.g., blood, saliva, or other body fluids or tissue, clothing or objects containing body fluids, rape perk kits, etc.) from which DNA or other forensic tests may be performed shall not be returned to the parties except by leave of Court.
(3) Final Disposition of Exhibits: Forty-five (45) days after the date on which the judgment becomes final by the conclusion of direct review or the expiration of the time for seeking such review, and no party having applied for the return of exhibits, the Clerk may, unless otherwise directed by the Court, deliver to the United States Attorney any exhibit or other physical evidence submitted by any party, and not covered by Local Criminal Rule 55(C)(2), for use by any government agency interested therein, or for destruction or confiscation.