After being marked for identification, exhibits of a documentary nature admitted in evidence or made a part of the record in any case pending or tried in court shall be placed in the custody of the clerk unless otherwise ordered. The court may order that exhibits, models, and materials admitted in evidence that cannot be stored conveniently in the clerk's facilities be retained in the custody of the attorney or party producing them at trial unless otherwise ordered, and the attorney or party shall execute a receipt therefor. All exhibits admitted in evidence in a criminal case that are in the nature of controlled substances, legal or counterfeit money, firearms, dangerous devices, or contraband of any kind shall be retained by the clerk pending disposition of the case and any appeal, and until the court authorizes destruction or other disposal of such exhibits.
A party or attorney who has custody of an exhibit shall keep it available for the use of the court or any appellate court, and shall grant the reasonable request of any party to examine or reproduce the exhibit for use in the proceeding.
Upon application and proper notice, the court may order that documentary exhibits retained by the clerk be returned to the party to whom they belong, provided that copies are filed in place of the originals.
After final judgment and after the time for motion for new trial and appeal has passed, or upon the filing of a stipulation waiving and abandoning the right to appeal and to move for a new trial, the clerk is authorized, without further order, to return all exhibits in civil cases to the appropriate parties or their counsel.
W.Va. Trial. Ct. R. 9.01