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Rule AD-9. Exhibits

Arizona Revised Statutes AnnotatedLocal Rules of Practice Superior Court

Arizona Revised Statutes Annotated
Local Rules of Practice Superior Court (Refs & Annos)
Mohave County (Refs & Annos)
Administrative Rules
17C A.R.S. Super.Ct.Local Prac.Rules, Mohave County, Rule AD-9
Rule AD-9. Exhibits
Currentness
A. Entry Into File. Exhibits attached to a pleading or other filed paper shall be so mounted, folded and affixed that after the pleading or paper is fastened into the court file, they can be clearly, freely and easily read and examined without their having to be removed from the file or loosened from their fasteners.
B. Control by Courtroom Clerk. Exhibits marked for identification or introduced as evidence shall be under the control of the courtroom clerk and shall be secured in a manner prescribed by the Clerk of this court throughout the case's pendency, unless otherwise ordered by the court.
C. Return of Exhibits. Exhibits in any case may be withdrawn by written stipulation or order of the court. After a judgment has become final and nonappealable, a person who files an affidavit setting forth that he or she is the owner of or lawfully entitled to the possession of an exhibit may obtain an ex parte order permitting its release.
D. Disposal of Exhibits. Subject to the provisions of Arizona Rules of Court, all exhibits admitted in evidence or marked for identification will be disposed of at the conclusion of a case by judgment, order or other final disposition which is not appealed, or by mandate on appeal, as follows:
1. The Clerk shall mail a notice to counsel of record or if none, to parties acting in pro se at their last known address advising them to present themselves at the office of the Clerk of the Court to accept delivery of those exhibits introduced by them. It shall be the responsibility of the attorney or the party pro se who introduced the exhibit to notify the owner of the exhibit of its availability within twenty (20) days of the date of the notice.
2. Any attorney, party or owner desiring the Clerk to retain any exhibit in the pending action shall notify the Clerk of such desire in writing within twenty (20) days of the date of the notice, and request the clerk to retain designated exhibits for stated reasons. Upon receipt of a request to retain exhibits, such exhibits shall be retained by the Clerk unless ordered to be disposed of by the court after hearing upon notice to all parties.
3. If counsel or the parties do not present themselves to the Clerk to accept delivery of exhibits, or if the notice is returned undeliverable, and if no order of retention is made, the Clerk shall retain the exhibits for an additional sixty (60) days from the date the notice was sent for the purpose of releasing them to the attorney or party introducing them.
4. If the Clerk is not notified to retain the exhibits or if the exhibits are not released to an attorney or party pursuant to this rule, the Clerk may dispose of the exhibits.
5. If the notice is returned to the Clerk undelivered, the Clerk may, after sixty (60) days from the date of the return of the notice, dispose of the exhibits.
6. Large exhibits made or created for purposes of trial to illustrate testimony may, by court order, be returned to counsel offering same during the pendency of the trial or hearing or any time thereafter, and counsel shall preserve same during the periods of time hereinabove provided.

Credits

Added as AD-11 Aug. 30, 1993, effective Dec. 1, 1993. Renumbered as AD-9 and amended June 30, 2009, effective Jan. 1, 2010.
17C A. R. S. Super. Ct. Local Prac. Rules, Mohave County, Rule AD-9, AZ ST MOHAVE SUPER CT Rule AD-9
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
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