Eighth Judicial Court Rules

Rule 7.28 – Custody and withdrawal of papers, records and exhibits.

Rule 7.28. Custody and withdrawal of papers, records and exhibits.

  • (a) The Clerk of the Court has custody of the records and papers of the court. The clerk may not permit any original record, paper or exhibit to be taken from the court, judge’s chambers or from the clerk’s office, except at the direction of the court or as provided by statute or these rules.

    (b) Papers, records or exhibits belonging to the files of the court may be temporarily withdrawn from the office and custody of the clerk for a limited time upon the special order of the judge, specifying the record, paper or exhibit, and limiting the time the same may be retained. A receipt must be given for any paper, record or exhibit so withdrawn from the files.

    (c) Models, diagrams and exhibits of material forming part of the evidence taken in a case may be withdrawn by order of the court in the following manner:

    (1) By stipulation of the parties.

    (2) By motion made after notice to the adverse party.

    (3) After a judgment is final, by the party introducing the same in evidence, unless the model, diagram or exhibit is obtained from the adverse party. If any model, diagram or exhibit is withdrawn under this paragraph, the party or attorney who withdraws it shall file an affidavit with the clerk to the effect that the person who withdraws it is the owner of or lawfully entitled to the possession of the model, diagram or exhibit. Withdrawal of any model, diagram or exhibit must be on court order on such terms and conditions as the court may impose, and a receipt therefor shall be filed with the clerk.