Current through May 8, 2024
Rule 5103 - Custody of Exhibits. Special Provisions(A)Documentary Exhibits1. If a proponent offers into evidence an exhibit such as a letter, report, drawing, map, photograph, or other document that is larger in size than 8-1/2 x 11 inches, the proponent shall ensure that a copy of the document reduced to 8-1/2 x 11 inches (or smaller) is entered into the record. Items larger than 8-1/2 x 11 inches may be used for illustration during court proceedings.2. A proponent who provides a reduced copy of an oversized exhibit shall ensure that the reproduced document is clear and capable of further reproduction or transfer to digital media in a format acceptable to the Court.3. If a proponent offers into evidence a deposition of a witness via digital media, the digital media shall be a format acceptable to the Court and shall be marked as an exhibit. The submission of the same must be accompanied by a transcript of the deposition which shall also be marked as an exhibit.4. Documentary exhibits, photographs, and photographs of non-documentary exhibits entered into the record are subject to existing record retention schedules.(B)Non-documentary Exhibits: Generally.1. If a proponent offers into evidence a non-documentary exhibit, the proponent shall ensure that a photograph (no larger in size than 8-1/2 x 11 inches) of the exhibit is entered into the record in lieu of the non-documentary exhibit.2. The proponent shall retain custody of physical evidence (including, but not limited to weapons, cash, other items of value, drugs, or other dangerous materials as determined by the presiding judge) and bulky, oversized, or otherwise physically impractical exhibits at all times during and after a court proceeding.3. During a Court Proceeding, the proponent shall exercise all appropriate safeguards necessary to protect the public based on the nature of the exhibit.4. Non-documentary exhibits may only be disposed of or destroyed by an Order of Court.Adopted effective 5/6/2024.