Rule 16 - Disposition of ExhibitsSubject to the provisions of Rule 28, Rules of Criminal Procedure, all exhibits admitted in evidence or marked for identification may be disposed of after ninety days from the conclusion of a case by judgment, order or other final disposition, or by mandate on appeal, as follows:
(1) The clerk shall mail a notice to counsel or parties acting in pro se to present themselves at the office of the clerk of the court to accept delivery of those exhibits introduced by them. The clerk shall take a receipt of delivery.(2) Counsel may within ten days of receiving the notice move the court to retain designated exhibits for stated reasons.(3) If counsel or the parties do not present themselves to the clerk to accept delivery of exhibits, or if the notice is returned undelivered, and if no order of retention is made, the clerk shall retain the exhibits for an additional sixty days from the date of the notice previously sent, and shall thereafter dispose of said exhibits as directed by the judge who heard the case, or if unavailable, the presiding judge.(4) Upon order of the court large exhibits may be returned to the proponents during the pendency of the trial or hearing or any time thereafter, who shall be responsible for their preservation during the periods of time hereinabove provided.(5) The clerk shall maintain a record of the procedure employed under this rule in the case file.Adopted March 10, 1992, effective 3/21/1992.HISTORICAL NOTES
The former Local Rules of Practice for Cochise County, Rule XVI, Audio, Video and Other Sound Reproduction Exhibits, adopted June 22, 1987, effective September 1, 1987, was abrogated by order dated March 10, 1992, effective March 21, 1992. See now Rule 15.