W.D. Va. Gen. R. 12

Upon jury verdict or decision by the Court, the Clerk shall return documents of

unusual bulk or weight and physical exhibits to the custody of the party who produced them.

The party shall permit inspection of the same for the purpose of preparing the record on

appeal. The party also shall be charged with the responsibility of safekeeping said exhibits

and, if requested, transporting the exhibits to the appellate court.

Where the Clerk takes custody of exhibits as noted above, such exhibits may not be

taken from the custody of the Clerk until final disposition of the matter, except upon order of

the court.

In all cases where money, firearms, narcotics, controlled substances or any manner of

contraband is introduced into evidence, such evidence shall be returned by the Clerk to the

party producing them for safekeeping immediately after the return of the jury verdict or, in a

nonjury case, at the close of all the evidence. The party who introduces an exhibit into

evidence in a case will be responsible for its custody.

In a civil case, parties must take custody of exhibits of unusual bulk or weight and

physical exhibits they filed in the proceeding. In the event no appeal is perfected, the

exhibits must be removed within 60 days from the date of final disposition of the case by this

Court. In the event an appeal is perfected and thereafter disposed of by the court of appeals,

the exhibits must be removed within 30 days after receipt of the judgment, other process, or

certificate disclosing disposition of the case by that court. If a case is appealed to the U.S.

Supreme Court, the exhibits must be removed within 30 days after receipt of judgment, other

process, or certificate disclosing disposition of the case by that court.

In criminal cases, parties must take custody of exhibits of unusual bulk or weight and

physical exhibits they filed in the proceeding within 30 days after final disposition of a case.

Final disposition occurs at the expiration or termination of the one-year limitation period

prescribed in 28 U.S.C. § 2255(f)(1).

If exhibits are not removed from the custody of the Clerk within the required time

under this rule, the Clerk shall notify appropriate parties of their responsibilities under this

Rule. If the parties have not removed the exhibits from the custody of the Clerk within 30

days from the date of that notice, the Clerk shall destroy said exhibits.