U.R.D.C. 903

(a) Custody of Standard Exhibits. — The court shall have safekeeping

responsibilities for exhibits admitted at trial or hearing; however, at the

conclusion of the trial or hearing, the court shall only retain standard exhibits.

As used in this rule, standard exhibits include documents, photographs, and

video or other electronically stored data on a disk or storage device–it does not

include sensitive or bulky exhibits. The court shall not take custody or

possession of physical evidence. Attorneys offering physical evidence at a trial

or hearing must submit a photograph of the item to the court, which will retain

the photograph as part of the record in lieu of the physical item. At the

conclusion of the hearing or trial, physical evidence shall be returned to the

custody of the party (attorney/law enforcement agency) who offered the item,

and they shall be responsible for transporting and safekeeping the exhibit

until the time to appeal has expired or any appeal taken has concluded. The

party (attorney/law enforcement agency) in charge of the exhibit shall permit

inspection of the exhibit by any party for purposes of preparing the record on

appeal.

(b) Sensitive and Bulky Exhibits. — At all times sensitive or bulky exhibits

such as money, drugs, and firearms shall remain in the custody of the party

(attorney/law enforcement agency) producing them. If deemed appropriate by

the court, some of these exhibits may be provided to the jury for examination

during deliberation but shall be returned to the party (attorney/law enforcement agency) for safekeeping at the conclusion of jury’s examination. A signed

receipt identifying the exhibits returned is to be filed in the case. The party

(attorney/law enforcement agency) to whom the exhibit is returned shall

permit inspection of the exhibit by any party for purposes of preparing the

record on appeal and shall be responsible for transporting and safekeeping the

exhibit until the time to appeal has expired or any appeal taken has concluded.

(c) Return of Standard Exhibits. — Unless otherwise ordered, at the

conclusion of the trial or hearing, standard exhibits in the custody of the court

shall be retained until the time to appeal has expired or any appeal taken has

concluded. Standard exhibits shall be returned to the party who introduced

them into evidence. A signed receipt identifying the exhibits returned and/or

destroyed is to be filed in the case. If the party fails to retrieve the exhibits

within sixty (60) days after the time for appeal has expired, the court shall

destroy or otherwise dispose of exhibit(s).