Rule 4.4 - Disposal of ExhibitsAny time after ninety (90) days from the conclusion of a case by judgment which is not appealed, by mandate on appeal terminating the proceedings, or by other final disposition, the Clerk of the Court may dispose of all exhibits in the possession of the Clerk, in civil, probate and domestic relations cases in the following manner:
a. The Clerk shall mail a notice to the attorney(s) of record in the case, or if none, to the parties at their last known address, advising them that the attorney or party introducing the exhibit may obtain it from the Clerk within sixty (60) days. It shall be the responsibility of the attorney who introduced the exhibit to notify the owner of the exhibit of its availability.b. A request that the Clerk retain an exhibit(s) shall be made in writing to the Clerk of the Court within ten (10) days of receipt of the Clerk's intent to dispose. Upon receipt of a request to retain exhibits, such exhibits shall be retained by the Clerk unless ordered to be disposed by the Court after hearing on notice to all parties.c. If the Clerk does not receive notice from any attorney or party requesting retention of the exhibit(s), the Clerk shall hold the exhibit(s) for sixty (60) days from the date the notice was sent for the purpose of releasing them to the attorney or party introducing them upon proper receipt.d. If the Clerk is not notified to retain the exhibits or if the exhibits are not released to an attorney or party pursuant to this rule, the Clerk may dispose of the exhibits.e. If the notice is returned to the Clerk undelivered, the Clerk may, after sixty (60) days from the date of the return of the notice, dispose of the exhibits.f. The Clerk shall maintain a record of the procedure followed under this rule in the case file.Added Dec. 1, 1987, effective 2/15/1988. Amended Jan. 19, 1999, effective 2/1/1999;6/10/2003, effective 8/1/2004.HISTORICAL NOTES
Rule 4.4 was amended without change, in the Order approved June 10, 2003, effective Aug. 1, 2003.