Rule Text
In the event the search warrant is executed, then the search warrant, affidavit for search warrant, return of search warrant, if separate, and transcript of oral testimony, if any, shall be filed with the clerk of the district court, and shall be indexed by the clerk in alphabetical order. Upon a criminal prosecution being filed, the district attorney shall make application for a court order that the documents be transferred and filed in the case.
Amendment history: Added by Laws 1971, c. 120, § 4, emerg. eff. May 3, 1971. Amended by Laws 2001, c. 404, § 4, eff. Nov. 1, 2001.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
If police carry out a search using a search warrant, several documents from that search have to be turned in to the district court clerk. These include the warrant itself, the sworn statement (affidavit) that was used to get the warrant, the return showing what was found or done during the search, and any written record of spoken testimony given to get the warrant. The clerk then files these papers and lists them alphabetically so they can be found later.
If someone is later charged with a crime based on that search, the district attorney has to ask the court for an order moving these documents into the actual criminal case file. This makes sure the paperwork from the search warrant becomes part of the official case record, so the defense, the prosecution, and the court can all access it as the case moves forward.