Local Rule LR 83.5: DISPOSITION OF PRIVATE PROPERTY

LR 83.5 DISPOSITION OF PRIVATE PROPERTY

(a) Disposition. Whenever, during the course of an investigation, a trial of any action, or any other proceeding in this Court, money, contraband, or other private property comes into the possession or custody of a law enforcement officer or an officer of the Court, which will require an order of this Court to determine its ownership or proper disposition, it is the responsibility of the attorney representing the party having original custody or control of such property to apply to the Court for an order determining its ownership and directing its disposition.

(1) This application must be made before the conclusion of the litigation while all parties are before the Court in person or through their attorneys.

(2) If the Court cannot determine ownership or the proper disposition on the basis of the record or information from the parties before it, application must be made for an order providing for temporary custody pending institution of appropriate civil proceedings to determine final ownership or disposition.

(b) Sanctions. The Court may impose sanctions as provided in LR 83.4 against any party or attorney whose failure to comply with this rule necessitates a subsequent hearing or court proceeding which would otherwise not have been necessary.