Rule 79-3 Exhibits

(a) Disposition of exhibits. All exhibits received in evidence or offered and rejected during trial or any evidentiary hearing, shall be delivered to the clerk of court through the courtroom marshal, who shall keep the same in custody until it is determined whether an appeal has been taken from a final judgment. In the event of an appeal, exhibits shall be retained by the clerk until disposition of the appeal. The clerk of court shall permit court judges, magistrates, official court reporters, and chambers staff to have custody of exhibits when necessary to expedite the business of the court. No other persons shall be permitted to remove exhibits from the custody of the clerk of court, except upon order of the court in extreme circumstances.

(b) Sensitive Exhibits. After submission into evidence, sensitive exhibits, including without limitation narcotics, weapons, currency, and any other evidence designated by the court as sensitive, shall remain in the custody of the proponent or the appropriate agency during the trial of the case and for any appeal period thereafter.

(c) Return of Exhibits. Unless otherwise ordered by the court, all exhibits in the custody of the clerk shall be returned to the offering party upon the later of the following: (A) the expiration of the period within which an appeal must be filed; or (B) the completion of the appellate process. The clerk of court shall notify the offering party in writing of the requirement to present him/herself to the office of the clerk to claim such exhibits within 30 days of receipt of the written request by the clerk of court.

(4) Unclaimed exhibits. Unclaimed exhibits which remain in the custody of the court for a period of 120 days after trial and any final appeal may be destroyed or otherwise disposed of by the court.