sec.100Returning exhibits

sec.100 Returning exhibits

The court in giving its final decision on an appeal or subsequent appeal may make the orders it considers appropriate about the return of an exhibit used in the appeal or subsequent appeal. If the court does not make an order under subrule (1) , the exhibit must be returned to— if it was first tendered in the court—the person who tendered it; or otherwise—the proper officer of the court of trial who must return the exhibit to the party who tendered it. For the purposes of this rule, an exhibit includes a document marked for identification, other than a jury note. After the court has given its final decision on an appeal or subsequent appeal, any jury note used in the appeal or subsequent appeal must be destroyed unless the court makes an order about the custody and the safekeeping of the note. r 100 amd 2008 SL No. 61 s 6 ; 2018 SL No. 127 s 32 ; 2024 SL No. 178 s 40 (sec.100-ssec.1) The court in giving its final decision on an appeal or subsequent appeal may make the orders it considers appropriate about the return of an exhibit used in the appeal or subsequent appeal. (sec.100-ssec.2) If the court does not make an order under subrule (1) , the exhibit must be returned to— if it was first tendered in the court—the person who tendered it; or otherwise—the proper officer of the court of trial who must return the exhibit to the party who tendered it. (sec.100-ssec.3) For the purposes of this rule, an exhibit includes a document marked for identification, other than a jury note. (sec.100-ssec.4) After the court has given its final decision on an appeal or subsequent appeal, any jury note used in the appeal or subsequent appeal must be destroyed unless the court makes an order about the custody and the safekeeping of the note.

• (a) if it was first tendered in the court—the person who tendered it; or
• (b) otherwise—the proper officer of the court of trial who must return the exhibit to the party who tendered it.