RULE 79.3 CUSTODY AND DISPOSITION OF TRIAL EXHIBITS, SEALED DOCUMENTS, AND FILED DEPOSITIONS


(a) During Trial. After being marked for identification, all exhibits – except weapons, drugs, or other sensitive materials – will be placed in the custody of the clerk during the duration of the trial, unless the court orders otherwise.  Any weapons, drugs, or other sensitive exhibits must be held in the custody of the counsel offering the exhibits during trial.
(b) . After Trial.  Upon completion of the trial, all exhibits will be returned to counsel offering them, unless the court orders otherwise.  A party or his attorney who has custody of an exhibit must keep it available for the use of the court or an appellate court, and must grant the reasonable request of any party to examine or reproduce the exhibit for use in the proceeding.  Such party is responsible for documentation of the chain of custody of such exhibits.  This obligation continues until one year after: (1) any appeal has been finally resolved or (2) time for filing a notice of appeal or petition for writ of certiorari has expired.
(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.

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As amended 4/15/20.


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U.S. Federal Court District of Kansas

 

U.S. Federal Court District of Kansas