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E.D. Va. Local Criminal Rule 55

Exhibits

activein force · 2024-12-01 – presentact-effective-date

(A) Submission of Trial Exhibits: All exhibits, models, or diagrams, documentary or physical,

introduced in the trial of a criminal case or otherwise lodged in anticipation of their introduction into

evidence in the trial of a criminal case, shall be retained by the Clerk to be disposed of at the time and in

the manner provided herein or directed by the Court.

(B) Custody and Removal of Exhibits During Trial: Unless otherwise ordered by the Court, the

courtroom deputy shall maintain custody of all exhibits offered or received in evidence when the Court is

in session. During all recesses, the appropriate law enforcement representative or the attorney for the

party producing sensitive exhibits shall maintain custody of such exhibits. Sensitive exhibits include, but

are not limited to, drugs, weapons, currency, any object capable of being used as a weapon, any hazardous

substance, or item of great monetary value.

(C) Custody and Disposition of Exhibits After Trial:

(1) Unless otherwise ordered by the Court, at the conclusion of the trial of any criminal case,

photographs of all sensitive exhibits will be substituted for the exhibits and the exhibits will be

returned to the tendering party. The tendering party is responsible for furnishing the photographs,

which shall fully and accurately depict the exhibits for which they are substituted.

(2) Biological evidence (e.g., blood, saliva, or other body fluids or tissue, clothing or objects

containing body fluids, rape perk kits, etc.) from which DNA or other forensic tests may be

performed shall not be returned to the parties except by leave of Court.

(3) Final Disposition of Exhibits: Forty-five (45) days after the date on which the judgment

becomes final by the conclusion of direct review or the expiration of the time for seeking such

review, and no party having applied for the return of exhibits, the Clerk may, unless otherwise

directed by the Court, deliver to the United States Attorney any exhibit or other physical evidence

submitted by any party, and not covered by Local Criminal Rule 55(C)(2), for use by any

government agency interested therein, or for destruction or confiscation.

Provenance

Source
www.vaed.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-18
Content hash
525508a750aeb37cbe1805fa7a8f69e47b402270b63ec7a918f49709c96df8a5
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