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Rule 17. Exhibits

Arizona Revised Statutes AnnotatedLocal Rules of Practice Superior Court

Arizona Revised Statutes Annotated
Local Rules of Practice Superior Court (Refs & Annos)
Gila County (Refs & Annos)
17C A.R.S. Super.Ct.Local Prac.Rules, Gila County, Rule 17
Rule 17. Exhibits
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 files, the exhibits can be clearly, freely, and easily read and examined without having to be removed from the file or loosened from their fasteners.
B. Control by Clerk. Exhibits marked for identification or introduced as evidence shall be under the control of the clerk and shall be secured in a manner prescribed by the clerk during a hearing or trial, unless otherwise ordered by the court.
C. Return of Exhibits. Exhibits in any case may be withdrawn by written stipulation of the parties or order of the court. After a judgment has been entered and the time to file an appeal has passed without an appeal being filed, a person who files an affidavit setting forth that the person is the owner of or lawfully entitled to the possession of an exhibit may obtain an order permitting its withdrawal. A receipt shall be filed for each exhibit withdrawn. No order shall be required when it is stipulated in open court during the progress of trial or hearing that an exhibit may be withdrawn upon the filing of a certified or photostatic copy thereof.
Alternatively, subject to the provisions of Rule 28, Rules of Criminal Procedure, all exhibits admitted in evidence or marked for identification may be disposed of after 90 days from the conclusion of a case by judgment, order, or other final disposition, or by mandate on appeal, as follows:
(1) The clerk shall mail a notice to counsel (or to parties acting pro se to their last known address) and the seizing agency advising them that the exhibit may be obtained from the clerk within 60 days. It shall be the responsibility of the attorney or party who introduced the exhibit to notify the owner of the exhibit of this notice within 10 days.
(2) Counsel, a party, or an owner desiring the clerk to retain any exhibits in the pending action shall notify the clerk of such desire in writing within 30 days after the notice was mailed by the clerk. 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 on notice to all parties.
(3) If notices sent by the clerk are returned, undelivered, or if counsel, parties, or the seizing agency fail to present themselves to receive exhibits and fail to seek additional retention by the court, the clerk shall retain the exhibits for 60 days after the notice was mailed, after which they shall be disposed of in accordance with directions from the judge assigned to the case or the presiding judge. A record of the disposition shall be retained by the clerk in the case file.
(4) If more than one person claims the right to possession of the exhibits, the clerk shall retain the exhibits subject to motion and order of the court. If no motion seeking judicial determination of the right of possession is made, the clerk may dispose of the exhibit in accordance with directions from the assigned judge or the presiding judge.
D. Temporary Release of Exhibits. Attorneys admitted to the State Bar of Arizona may obtain temporary custody of exhibits for no longer than 7 days only upon order of the court. An attorney who obtains such exhibit shall be responsible for its safety, security, and integrity, and shall be foreclosed from challenging the admissibility of a duplicate of the exhibit, in addition to any other sanction imposed by the court, if the item is lost, destroyed, or misplaced.
E. Audio, Video, and Other Sound Reproductions. When a party intends to offer an audiotape, videotape, or other exhibit that reproduces sound as evidence of the substance of the words spoken, a transcription of that portion intended to be played for the trier of fact shall be made and concurrently offered in evidence as the court's exhibit. The proponent of the exhibit shall cause that portion to be transcribed and shall present it to opposing counsel for comparison against the audio exhibit sufficiently in advance of trial or hearing so that the court can determine any issues of accuracy of transcription or the quality of tape for evidentiary value.
F. Trial Exhibits. Any documents and items which are to be used as exhibits at trial are to be submitted to the clerk of the court prior to trial together with a list describing the documents or items. The exhibits shall be submitted sufficiently in advance of trial or hearing to permit them to be marked for identification without unreasonable interference with court proceedings. Copies of all documentary exhibits are to be made available to the court and opposing counsel prior to their introduction into evidence. If a party intends to introduce an exhibit which is not a paper exhibit of the size 8 ½ inches by 11 inches, counsel shall produce a photograph or copy of the exhibit in paper form of the size 8 ½ inches by 11 inches which can be made a part of the court file.
G. Discovery Material. Unless otherwise directed by the court, depositions, interrogatories, and answers thereto shall not be filed with the clerk. A single page entitled “Notice of Service” of the foregoing papers on opposing counsel or party shall be filed with the clerk for insertion in the case file.
H. Discovery Presented as Evidence. When discovery is read into evidence, counsel proffering the discovery material shall submit to the court the original or a photocopy of the portion read, which shall be marked and admitted in evidence as the court's record for appellate review.

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Added June 17, 1999, effective July 1, 1999.
17C A. R. S. Super. Ct. Local Prac. Rules, Gila County, Rule 17, AZ ST GILA SUPER CT Rule 17
Current with amendments received through 08/15/19
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