M.D.N.C. LR 79.4

(a) Custody with the Clerk. Unless otherwise directed by the Court, all trial

exhibits admitted into evidence in criminal and civil actions shall 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 shall be retained in the

custody of the party offering them, subject to the orders of the Court. Such exhibits shall

include, but not be 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 shall

retain custody of them and be responsible to the Court for preserving 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 shall 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.

(c) Disposition of Exhibits, Sealed Documents, and Filed Depositions by

Clerk. Any exhibit, sealed document, disk, 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.

(d) Depositions. Depositions read into the court record are considered exhibits

for which the parties shall be responsible as provided in section (b) above. Depositions

on file admitted into evidence but not read into the record shall be retained in the clerk's

custody and disposed of as authorized in section (c) of this rule.