(a) Custody with the Clerk. Unless the court otherwise directs, all trial exhibits admitted into evidence in criminal and civil actions will be placed in the custody of the clerk, except as provided in section (b) below.

(b) Custody with the Offering Party. All exhibits not suitable for filing and transmission to the Court of Appeals as a part of a record on appeal must be retained in the custody of the party offering them, subject to the orders of the court. Such exhibits include, but are not limited to, the following types of bulky or sensitive exhibits: Narcotics and other controlled substances, firearms, ammunition, explosive devices, jewelry, liquor, poisonous or dangerous chemicals, money or articles of high monetary value, counterfeit money, and documents or physical exhibits of unusual bulk or weight. At the conclusion of a trial or proceeding, the party offering such exhibits must retain custody of them and preserve them in their condition as of the time admitted until any appeal is resolved or the time for appeal has expired. The party retaining custody must make such exhibits available to opposing counsel for use in preparation of an appeal and be responsible for their safe transmission to the appellate court, if required. Such party is responsible for documentation of the chain of custody of such exhibits.

(c) Disposition of Exhibits, Sealed Documents, and Filed Depositions by Clerk. Any exhibit, sealed document, or filed deposition in the clerk’s custody more than 30 days after the time for appeal, if any, has expired or an appeal has been decided and mandate received, may be returned to the parties or destroyed by the clerk if unclaimed after reasonable notice.

(d) Depositions. Depositions read into the record are considered exhibits for which the parties bear responsibility as provided in section (b) above. The clerk will retain custody of depositions admitted into evidence but not read into the record and will dispose of them as authorized in section (c) of this rule.

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U.S. Federal Court District of Kansas


U.S. Federal Court District of Kansas