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Rule 4-206. Exhibits.

Intent:

To establish a uniform procedure for the receipt, maintenance andrelease of exhibits.

Applicability:

This rule shall apply to all trial court proceedings in courts ofrecord and not of record, except small claims court.

Statement of the Rule:

(1) Marking exhibits.

(1)(A) All exhibits offered as evidence shall be marked with alabel or tag, which shall contain, at a minimum, the exhibit number or alphaidentification, the case number, the date received, and the initials of the clerkwho received the exhibit.

(1)(B) The clerk shall designate the source of the exhibit by theletter "P" if it is received from plaintiff and "D" if itis received from defendant. In cases with multiple parties, the label shallfurther identify the parties, e.g. 1st D is the first named defendant in thepleadings, 3rd D is the third party defendant.

(1)(C) The clerk shall secure the label on the item and shallaffix more than one identical label when necessary.

(1)(D) The court may order exhibits to be marked in advance of thedate and time of trial or other hearing.

(2) Exhibit custody and tracking.

(2)(A) The exhibit custody tracking record means the CORIScomputer system or a form approved by the Administrative Office of the Courts.If an approved form is used as the exhibit custody tracking record, it shall beplaced in the case file.

(2)(B) Each person with custody of an exhibit shall identifyherself or himself in the exhibit custody tracking record and record changes inthe status of the exhibit contemporaneous with the event.

(2)(C) Prior to daily adjournment, the clerk, under the directionof the court, shall compare the exhibit custody tracking record with theexhibits in the custody of the clerk. The clerk shall keep the exhibitsreceived at trial in a container. The container shall be numbered and shallidentify the case name and number.

(2)(D) Each court location shall provide a locked facility forstoring exhibits. The Clerk of the Court shall appoint an exhibit manager withresponsibility for the security, maintenance and disposition of exhibits.Access to the exhibit storage area by anyone other than the exhibit manager andthe clerk is prohibited without a court order.

(2)(E) Unless otherwise ordered by the court, at the conclusion ofthe trial or proceeding, the clerk shall release to the party offering them allexhibits not suitable for filing and transmission to the appellate court aspart of a record on appeal. Such exhibits include, but are not be limited to:narcotics and other controlled substances, firearms, ammunition, explosivedevices, jewelry, liquor, poisonous or dangerous chemicals, money or articlesof high monetary value, counterfeit money, and exhibits of unusual bulk orweight. The clerk shall transfer the remaining exhibits to the exhibit manager.The exhibit manager shall record receipt and location of the exhibits.

(2)(F) The exhibit manager shall record the date of release ofexhibits and to whom released, if applicable.

(3) Withdrawal of exhibits.

(3)(A) If the time for filing an appeal or requesting a rehearingor new trial has not expired, exhibits may be withdrawn only upon written orderof the court.

(3)(B) If the time for filing appeals or requesting a rehearing ornew trial has expired, exhibits may be withdrawn by filing a Notice of Intentto Withdraw Exhibits.

(3)(C) The clerk or exhibit manager shall record withdrawal of theexhibits.

(4) Disposal of exhibits. After three months have expired fromfinal disposition of the case and no appeals have been filed or requests fornew trials or rehearing have been made, the clerk shall dispose of the exhibitsas follows:

(4)(A)Property having value shall be returned to its owner or, ifunclaimed, shall be given to the sheriff of the county or other law enforcementagency to be sold in accordance with Utah Code Section 24-3-103. The agencyreceiving the property shall furnish the court with a receipt that may bemaintained with the exhibit custody tracking record or noted in the computerrecord.

(4)(B) Property having no value shall be destroyed by the clerk ofthe court who shall furnish the court with a certificate of destruction thatmay be maintained with the exhibit custody tracking record or noted in thecomputer record.

(4)(C) The exhibit manager shall record disposition of theexhibits.