skip navigation


TITLE 28 App. > RULES > X. > Rule 77.3

Rule 77.3. Withdrawal of Papers and Exhibits

(a) Withdrawal for Trial. The reporter engaged to transcribe the evidence may temporarily withdraw all papers and exhibits for use during any trial session. All exhibits admitted into evidence or designated to accompany the transcript shall remain in the reporter’s custody until the transcript of the court session is filed with the clerk.
(b) Withdrawal of Papers and Exhibits. No papers or exhibits filed with the court shall be temporarily or permanently withdrawn from the office or custody of the clerk except by order of the court. No such order will be entered except in extraordinary circumstances. In the event of such withdrawal, a record of the filing and the order of withdrawal shall be preserved.
(c) Disposition of Physical Exhibits. All physical exhibits, including models, diagrams, depositions, transcripts, briefs, tables, and charts shall be removed from the clerk’s custody by the party by whom they were produced or offered within 60 days after the entry of final judgment by this court, or, in the event of an appeal, within 90 days after the receipt and filing of a mandate or other process or certificate showing the disposition of the case by the appellate court; otherwise, such exhibits shall be deemed abandoned and shall be destroyed or otherwise disposed of by the clerk.
(d) Sealed Materials. Unless otherwise specified by order, no earlier than five years after the entry of final judgment by this court, or, in the event of appeal, within five years after the receipt and filing of a mandate or other process or certificate showing disposition of the case by the appellate court, the clerk may notify the parties that materials maintained under seal shall be unsealed, absent timely notice of objection by either party.

LII has no control over and does not endorse any external Internet site that contains links to or references LII.