(a)    Custody of the Clerk.  All exhibits, including models and diagrams introduced in evidence, upon the hearing of any cause or motion, shall be delivered to the Clerk, who shall keep the same in custody, except as otherwise ordered by the Court.  All exhibits received in evidence that are in the nature of narcotic drugs, legal or counterfeit money, firearms, or contraband of any kind may be entrusted to the custody of the arresting or investigative agency of the government pending disposition of the case and for any appeal period thereafter.

 

(b)    Withdrawal of Original Records and Papers.  Except as provided in subsections (c),(d) and (e) hereof, no original pleading, paper, record, model, or exhibit shall be taken from the custody of the Clerk or other officer of this Court except (1) upon order of the Clerk of this Court, and (2) upon leaving a proper receipt with the Clerk or officer.

 

(c)    Documents Subject to a Protective or Confidentiality Order. Original Documents filed subject to a protective or confidentiality order shall be separately stored and maintained by the Clerk and shall not be disclosed or otherwise made available to any person except as provided by the terms and conditions of the relevant order.

 

(d)  Removal of Models, Diagrams, Exhibits and Documents under Seal.  All models, diagrams, exhibits and documents subject to a protective or confidentiality order remaining in the custody of the Clerk shall be taken away by the parties within four months after the case is finally decided unless an appeal is taken.  In all cases in which an appeal is taken, they shall be taken away within 30 days after the filing and recording of the mandate of the Appellate Court finally disposing of the cause. On motion of any party, or on the request of any nonparty, or on the Court’s own initiative, the court may order that any model, diagram, exhibit or document shall be retained by the Clerk for such longer period of time as may be determined by the court, notwithstanding any of the foregoing requirements of this paragraph (d).

 

(e)    Other Disposition by the Clerk.  When models, diagrams, exhibits and documents subject to a protective or confidentiality order in the custody of the Clerk are not taken away within the time specified in the preceding paragraph of this rule, it shall be the duty of the Clerk to notify counsel in the case of the requirements of this rule. Any articles, including documents subject to a protective or confidentiality order, which are not removed within 30 days after such notice is given, shall be destroyed by the Clerk, unless otherwise ordered by the Court.

 

[Adopted effective February 1, 1991; amended November 1, 1996; amended May 1, 2000]

 

1996 Advisory Committee's Note to LR 79.1

 

To facilitate reference, the portion of the 1991 version of LR 79.1 that relates to filing of discovery documents has been moved to LR 26.4.