Local Rule L.R. 79-1: Custody of Files and Exhibits

N.D. Ind. L.R. 79-1 Custody of Files and Exhibits

(a) Evidence Placed in Clerk's Custody. Items offered into evidence during a case are placed in the clerk's custody.

(b) Claiming Items.

(1) Procedure. To claim items from the clerk, a party must give the clerk a detailed receipt. The clerk must file the receipt in the case.

(2) Timing. A party may claim an item from the clerk only after the case concludes unless the court orders otherwise.

(3) Unclaimable Items.

(A) Contraband Exhibits. Contraband exhibits (such as controlled substances, money, and weapons) must be released to the investigative agency responsible for them when the case concludes. The investigative agency must give the clerk a detailed receipt when the contraband exhibits are released.

(B) Original Papers. No one may claim an original paper filed in a case except as ordered by the court.

(c) When a Case Concludes. A case concludes when:

(1) the parties notify the court that they have settled the case; or

(2) the court has resolved all issues before it and:

(A) the deadline for appeal expires without an appeal being filed; or

(B) if an appeal is filed, the appellate court's final mandate is filed in the clerk's office.

(d) Unclaimed Items.

(1) Authority. The United States Marshal may dispose of any item that remains unclaimed for 28 days after the clerk notifies the party offering the item into evidence that it will be disposed of if it is not claimed.

(2) Issuing Notice. The clerk may issue the notice:

(A) 28 days after a case concludes, if the case was appealed; or

(B) 90 days after a case concludes otherwise.

(3) Methods of Disposal. Unclaimed items may be sold in a public or private sale or disposed of in any other manner the court directs. The net proceeds of a sale will be paid into the court's registry.