Ga. Unif. R. Mag. Ct. 46.2

As amended through October 9, 2024

Rule 46.2 - Maintenance of Criminal Evidence

The Clerk of Court or the Court Reporter in possession of documents, electronic documents, audio and video recordings of whatever form, exhibits, and other material objects or any other items admitted and retained as evidence in a criminal case shall maintain a log or inventory of all such items with the case number, party names, description of the item, the name and official position of the custodian, and the location of the storage of the items. All such items admitted by the parties as evidence and retained by the Court shall be identified or marked by the Clerk of Court, Court Reporter, or Judge with the case number, the exhibit number and recorded in the log or inventory and shall be in the custody of the Clerk of Court and shall not be removed from the courthouse or other such locations as ordered by the Court and shall be available during court proceeding and accessible to the Court Reporter. In all cases where Magistrate Court does not make a final disposition of the case, within 30 days after the conclusion of the proceedings, the Clerk of Court shall transfer custody of the items of evidence, along with the evidence log or inventory, to the Clerk of Court of the Court with authority to make a final disposition of the case. The Clerk of Court shall update the log or inventory to show the current custodian and the location of evidence. Dangerous or contraband items shall be transferred to the sheriff or other appropriate law enforcement officer along with a copy of the log or inventory. The law enforcement officer shall acknowledge the transfer with a signed receipt and the receipt shall be retained with the log or inventory created and maintained by the Clerk of Court. In all such transfers, the items transferred shall be photographed or recorded by a visual image and the photograph or visual image shall be placed into the court file. In all cases, the Court Reporter shall be granted the right of access to such items of evidence necessary to complete the transcript of the case.

Evidence in the possession of the Clerk of Court or Court Reporter which was admitted and retained by the Court shall be maintained in accordance with the law, particularly as found in O. C. G.

A. § 17-5-55. The Court on its own motion, or upon the motion of any party, Clerk of Court, Court Reporter, Prosecutor or Sheriff who is the custodian of such items of evidence in a case, shall petition the Court prior to making a substitute photograph, photocopy, audio recording, digital recording, video recording, electronic image, or other equivalent in lieu of the original evidence. Upon granting of an order for substitution, the order shall be entered into the log or inventory and the original item of evidence shall be returned to the custody of the party who tendered such evidence.

Ga. Unif. R. Mag. Ct. 46.2

Added January 9, 2008.