Rule 16 Exhibit retention and disposal
Baldwin's Kentucky Revised Statutes Annotated22nd Judicial Circuit - Fayette Circuit Criminal and Civil Courts
KY RFCC Rule 16
Rule 16 Exhibit retention and disposal
B. Exhibits introduced by the Commonwealth in a criminal action where a verdict of guilty was returned or a plea of guilty was entered shall be retained by the Clerk for a period of two years from the expiration of time for an appeal unless an order is entered by the Court extending the time for retaining said exhibits. After the time period has expired, all exhibits shall be delivered to the Commonwealth Attorney who shall review the exhibits and make a motion to the Court as to which exhibits shall be declared contraband and which exhibits shall be declared forfeited under the applicable statutes.
C. Exhibits introduced by the Commonwealth in a criminal action wherein the defendant was found not guilty shall be delivered to the Commonwealth Attorney or returned to the defendant as set forth in D below. The Commonwealth Attorney shall make a motion to the Court to have any property declared contraband or forfeited property as permitted by the statute and make a recommendation to the Court regarding how the exhibits can be disposed. The Commonwealth Attorney shall have the responsibility of disposing of all other exhibits except forfeited property or contraband in accordance with applicable law.
D. Exhibits introduced by the defendant in a criminal action wherein the defendant was found not guilty shall be returned upon order of the Court to the defendant or his attorney within 30 days from notification by the Clerk. If the exhibits are not picked up by the defendant or his attorney within that time, the Clerk shall dispose of said exhibits pursuant to the records retention schedule of the Administrative Office of the Courts, or as ordered by the Court.
E. In all civil cases the Clerk shall notify the attorneys for the parties that exhibits introduced during any proceedings in civil matters shall be picked up within 30 days after the time for appeal has expired. If the attorneys do not pick up the exhibits within that time, the Clerk shall dispose of the exhibits pursuant to the records retention schedule of the Administrative Office of the Courts or as ordered by the Court.
Credits
HISTORY: Approved effective January 1, 2004.
Fayette Circuit Criminal and Civil Court Rule 16, KY R FAYETTE CIR CRIM CIV CT Rule 16
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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