Ind. Elkhart Cnty. Local Rule LR20-AR15-111

111.1. Court Reporter Records

A. The Court reporter shall retain the mechanical or electronic records or tapes, shorthand, or

stenographic notes as provided in Administrative Rule 7.

B. Courts should photograph as much evidence as possible, and courts and parties should be

reminded of the requirements of Appellate Rule 29(B).

111.2. Exhibits

A. After being marked for identification, exhibits that are offered or admitted into evidence shall be

placed in the custody of the Court Reporter unless otherwise ordered by the Court.

B. In non-criminal cases, after a case is decided and no appeal is taken, or after all appeals are

exhausted, an attorney may request in writing the return of the exhibits which are the property of their

client. A detailed receipt shall be filed by the Court Reporter evidencing the return of any exhibits. If no

request is made within four (4) months after the above stated period, the Court Reporter may, with Court

approval, dispose of the exhibits. If an appeal, retrial, or subsequent appeal has been taken then the

exhibits are retained by the Court Reporter for two (2) years from termination of the appeal, retrial, or

subsequent appeal and termination, whichever is the latest.

111.3. Retention Periods for Evidence Introduced in Ordinance Violation, Infraction, Criminal

Misdemeanor, Class D and Class C, Level 4, Level 5, Level 6 Felonies and Attempts

After being marked for identification, exhibits that are offered or admitted into evidence shall be placed in

the custody of the Court Reporter unless otherwise ordered by the Court. They shall be retained for three

(3) years after the case is dismissed, the defendant found not guilty, or the defendant is sentenced, unless

an appeal is taken, If an appeal is taken, all such exhibits shall be retained by the court reporter for three

(3) years from termination of the appeal, retrial, or subsequent appeal and termination, whichever is later,

unless an action challenging the conviction or sentence, or post-conviction action, is pending.

111.4. Retention Periods for Evidence Introduced in Criminal Class B, Class A, Level 1, Level 2, Level 3

Felonies, Murder and Attempts

After being marked for identification, exhibits that are offered or admitted into evidence shall be placed in

the custody of the Court Reporter unless otherwise ordered by the Court. They shall be retained for

twenty (20) years after the case is dismissed, the defendant is found not guilty, or the defendant is

sentenced, unless an appeal is taken. If an appeal is taken, all such exhibits shall be retained by the court

reporter for twenty (20) years from termination of the appeal, retrial, or subsequent appeal and

termination, whichever is later, unless an action challenging the conviction or sentence, or post-conviction

action, is pending.

111.5. Non-documentary and Oversized Exhibits

Non-documentary and oversized exhibits shall not be sent to the Appellate level Court but shall remain in

the custody of the trial court during the appeal. Such exhibits shall be identified in the Transcript where

they were admitted into evidence. Photographs of any exhibit may be included in the volume of

documentary exhibits.

Under no circumstances should drugs, currency or other dangerous or valuable items be included in

appellate records.

111.6. Notification and Disposition

A. The Court must provide notice, by mail, or as otherwise provided, to all attorneys of record and

to parties only if unrepresented by counsel, that the evidence will be destroyed pursuant to this Rule if not

timely retrieved. Counsel and parties have a duty to keep the Court informed of their current addresses

and send notice to the last current address shall be sufficient. Court reporters should maintain a log of

retained evidence and scheduled disposition dates and evidence should be held in a secure area. At the

time of removal, a detailed receipt must be given to the court reporter by the party receiving and removing

the evidence; the receipt will be made part of the court file. Links to Notices:

Notice of Intent to Destroy-Criminal B and A Level, 123 Felony, Murder

Notice of Intent to Destroy-Criminal C D and Level 4 5 6 felonies

Notice of Intent to Destroy Misdemeanor cases

Notice of Intent to Destroy Infractions and Ordinance Violations

Notice of Intent to Destroy Civil matters

Evidence Retention Log

B. The notice referred to above shall be actual notice, provided by the Clerk to the Plaintiff upon

the initiation of an action and issued to the Defendant(s) pursuant to Trial Rule 4, or sent at the time a

party first appears in a case in all cases filed after the effective date of this Rule. The notice referred to

above, for all civil cases filed prior to the effective date of this Rule, may be actual notice, if possible issued

at the time of a final disposition in the case or, if a final disposition has been entered prior to the effective

date of this Rule, at the time the evidence is scheduled for destruction: Provided, however, that for those

civil cases in which a final disposition was entered at the trial level more than ten (10) years prior to the

effective date of this notice, or with respect to which it is not possible to give actual notice, the Court shall

annually issue notice of intent to destroy evidence by publication in a newspaper of general circulation

within Elkhart County, posting at the County Courthouse(s).

For all civil cases initiated after the effective date of this rule, the party initiating the action must

provide to the Clerk of the Court, at the time the case is initiated or at any time additional defendants are

added to the case, a sufficient number of copies of the notice for service upon each defendant, as well as a

copy to be returned to each Plaintiff and a copy for the Court’s file. For all civil cases initiated prior to the

effective date but disposed of after the effective date of this rule, the Court must be provided with enough

copies of the notice for service on all parties participating in all matters at which tangible evidence was

offered or admitted. Actual notice may be accomplished by electronic mail if so, authorized by the local

electronic filing rules.

C. Evidence which is not retaken after notice and expiration of the applicable retention period

should be disposed of by the Sheriff, or his agent, on the Court’s Order. The Sheriff should be ordered to

destroy evidence if its possession is illegal or if it has negligible value. Evidence of some value should be

auctioned by the Sheriff with proceeds going to the County General Fund. These Rules and their retention

periods will take precedence over inconsistent language in statutes, Indiana Code 35-33-5-5 (c)(2).

D. Notwithstanding any provision of this rule to the contrary, the Judge of the Elkhart Circuit

Court and the Judges of the Elkhart Superior Court shall have the authority to order the destruction of any

evidence that is compromised by age, damage, lack of case identifiers or inadvertent destruction.

111.7. Biological Contaminated Evidence

A party who offers biologically contaminated evidence must file a pretrial notice with the trial court and

serve all the parties so that the Court may consider the issue and rule appropriately before trial.

Contaminated evidence may be presented to the court as the court may direct, but such contaminated

evidence should not be handled or passed to jurors or sent into the jury room unless the court has

determined the contaminated evidence has been rendered safe. The court may order photographs or other

electronic presentation of the contaminated evidence be substituted for presentation to the jury.

LOCAL CIVIL RULES