S.D. Ind. L.R. 79-1

(a) Custody During Pendency of Action. Any item offered into evidence in a case—

other than contraband exhibits—will be placed in the clerk’s custody. Unless the court

orders otherwise, these items may not be claimed from the clerk until the case is disposed

of as to all issues, including appeals.

(b) Claiming Items After Disposition of Action. The party that offered the items into

evidence must claim them from the clerk:

(1) if the case is not appealed, within 90 days after the case is disposed of as to all

issues;

(2) if the case is appealed, within 28 days after the mandate of the reviewing court is

filed in the clerk’s office and the case is disposed of as to all issues, unless otherwise

ordered.

(c) Procedure for Claiming Items. No motion or order is necessary to claim the items.

The party withdrawing them must give the clerk a detailed receipt when the items are

withdrawn. The clerk must file the receipt in the cause.

(d) Failure to Claim Items. If the parties fail to claim the items within the deadline in

subdivision (b), the United States Marshals Service may sell the items in a public or private

sale or dispose of them in any manner directed by the court. If sold, the proceeds, less the

expense of sale, will be paid into the court’s registry.

(e) Contraband Exhibits. Contraband exhibits (such as controlled substances, money,

and weapons) may not be placed in the clerk’s custody. They must be released to the

investigative agency when the case is concluded. The investigative agency must give the

clerk a detailed receipt when the contraband exhibits are released.

(f) Withdrawal of Original Records and Documents. No one may withdraw an

original pleading, document, record, model or exhibit from the clerk’s custody except as

provided by this rule or by court order.