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Rule 12. Exhibit retention and disposal

Baldwin's Kentucky Revised Statutes Annotated53rd Judicial Circuit - Anderson, Shelby and Spencer Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
53rd Judicial Circuit - Anderson, Shelby and Spencer Circuit Courts
KY RASS Rule 12
Rule 12. Exhibit retention and disposal
A. The Clerk shall take immediate custody of all exhibits introduced and retain same until disposed of pursuant to other sections in this rule.
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.
F. Exhibits that are too bulky to be included with the transcript on appeal shall be retained by the Clerk until the final appeal has been decided after which they shall be disposed of in accordance with the foregoing procedure.
G. Notwithstanding any provision to the contrary, the parties with the Court's approval may agree in a civil or criminal case for an exhibit or exhibits to be returned to a party or other entity and to be retained by the party or other entity pursuant to the agreement of the parties.

Credits

HISTORY: Amended effective March 28, 2018. Prior amendments effective January 14, 2008.
Anderson, Shelby and Spencer Circuit Court Rule 12, KY R ANDERSON CIR CT Rule 12
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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