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Rule 2.8. Exhibits

Arizona Revised Statutes AnnotatedLocal Rules of Practice Superior Court

Arizona Revised Statutes Annotated
Local Rules of Practice Superior Court (Refs & Annos)
Maricopa County (Refs & Annos)
Rule 2. General Procedure
17C A.R.S. Super.Ct.Local Prac.Rules, Maricopa County, Rule 2.8
Rule 2.8. Exhibits
a. Entry into File. Exhibits attached to a pleading or other filed paper shall be of comparable size and format to the main document to permit either fastening into the court file or scanning and imaging with the pleading as a single document. Electronic attachments and exhibits not permitted or able to be electronically filed shall be managed and disposed of in accordance with paragraphs (b) through (e) of this rule.
b. Control by Deputy Clerk. Exhibits marked for identification or introduced as evidence shall be under the control of the deputy courtroom clerk and shall be secured in a manner prescribed by the Clerk of the Superior Court during the trial period, 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 Exhibits in any case may be withdrawn by written stipulation or order of the court.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 that person is the owner of or lawfully entitled to the possession of an exhibit may obtain an ex parte 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 A receipt shall be filed for each exhibit withdrawn. No order shall be required when it is stipulated in open court during the progress of trial that an exhibit may be withdrawn on the filing of a certified or photostatic copy thereof.
d. Disposal of Exhibits. Any time after ninety (90) days from the conclusion of a case by judgment, which is not appealed, by mandate on appeal, or by other final disposition, the Clerk of the Superior Court may dispose of exhibits in civil, probate and domestic relations cases in the following manner:
(1) The Clerk of the Superior Court shall distribute a notice to the attorney(s) of record in the case, or if none, to the parties, advising them that the attorney or party introducing the exhibit may obtain it from the Clerk of the Superior Court within sixty (60) days. It shall be the responsibility of the attorney who introduced the exhibit to notify the owner of the exhibit of its available with ten (10) days.
(2) Any attorney, party or owner desiring the Clerk of the Superior Court to retain any exhibit(s) in the pending action shall notify the Clerk of the Superior Court of such desire in writing within ten (10) days of the receipt of the notice. Upon receipt of a request to retain exhibits, such exhibits shall be retained by the Clerk of the Superior Court unless ordered to be disposed by the court after hearing on notice to all parties.
(3) If the Clerk of the Superior Court does not receive notice from any attorney or party requesting retention of the exhibits, the Clerk of the Superior Court shall hold the exhibits for sixty (60) days from the date the notice was sent for the purpose of releasing them to the attorney or party introducing them upon proper receipt.
(4) If the Clerk of the Superior Court 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 of the Superior Court may dispose of the exhibits.
(5) If the notice is returned to the Clerk of the Superior Court undelivered, the Clerk of the Superior Court may, after sixty (60) days from the date of the return of the notice, dispose of the exhibits.
(6) The Clerk of the Superior Court shall maintain a record of the procedure followed under this rule in the case file.
e. Temporary Custody of Court Records. Attorneys admitted to the State Bar of Arizona may obtain temporary custody of official court files, transcripts and exhibits for no longer than seven (7) days upon:
(1) Stipulation of all parties and order of the court; or
(2) Motion, notice to all parties, a hearing and order of the court.
The motion or stipulation shall be presented to the judge to whom the case is assigned. Upon execution of a receipt therefor, the attorney shall be responsible for the safety, security and integrity of the file, transcript or exhibits in that attorney's custody. Neither the Clerk of the Superior Court nor any of the clerk's deputies shall be responsible for any file, transcript or exhibit released to the temporary custody of any attorney pursuant to this rule and shall not be required to accompany any files, transcripts or exhibits in the possession of attorneys for duplicating purposes.

Credits

Amended March 21, 1989, effective May 1, 1989; June 12, 2013, effective July 1, 2013. Amended effective March 15, 2016.
17C A. R. S. Super. Ct. Local Prac. Rules, Maricopa County, Rule 2.8, AZ ST MARICOPA SUPER CT Rule 2.8
State Court Rules are current with amendments received and effective through 1/15/23. The Code of Judicial Administration is current with amendments received through 1/1/23.
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