As amended through April 1, 2024
Rule 223 - Admission, Custody And Substitution Of Tangible Exhibits(a) Counsel for the respective parties shall retain possession, and shall be responsible for the care and custody, of all tangible exhibits used at trial, whether or not the same have been presented, marked, identified and used, until such time as they have been formally offered into evidence and the court has made a specific order directing their admission into evidence.(b) From and after the making of such formal court order of admission, the Prothonotary shall take possession, and shall be responsible for the care and custody, of all such tangible exhibits during the remainder of the trial and thereafter until further order of the court.(c) Immediately upon the termination of the trial, the Prothonotary shall assemble and identify all such exhibits to the particular case and shall be responsible for their secure care, custody and maintenance, and no such exhibits shall thereafter be removed or destroyed except upon order of the court.(d) At any time after final disposition of the case, the Prothonotary may, after ten days written notice to counsel for all parties, apply to the court for an order authorizing the removal and disposition by destruction or otherwise of any tangible exhibit of a size or weight precluding its enclosure in a regular case file.(e) A party who introduces an exhibit which is not readily stored in a standard letter-sized folder shall cause the exhibit to be reduced in size, photographed, or otherwise reproduced so that the exhibit may be readily stored in such folder without impairment of its visual quality.(f) A party who introduces an exhibit which is not readily stored in a standard letter-sized folder or easily reduced to such size shall take sufficient photographs of the exhibit, or otherwise reproduce it, to accurately capture its likeness, using either film or digital medium and may be expected to substitute the photographs or other reproduction for the actual exhibit in the trial record.(g) Parties are expected to reduce large quantities of paper records or exhibits to commonly used electronic formats, stored on compact disk (CD) or digital video disks (DVD), for use at trial and for inclusion in the trial record.(h) In the event that an exhibit is substituted by one of the means set forth in this Rule, the offering party shall maintain the original exhibit in safe keeping until the conclusion of the case in which the exhibit was admitted into evidence or made a part of the record.(i) In the event special software is needed to view electronically stored exhibits, the party offering the exhibits may be required to provide such software to the Court for use during trial.(j) A document or other instrument incorporated into a pleading or an exhibit to a pleading may be offered in evidence without producing or accounting for the absence of the original if the adverse party in a responsive pleading has not demanded the production of the original at the trial.Amended effective through 8/1/2023.