sec.48Return of exhibits

sec.48 Return of exhibits

This rule applies to an exhibit held by a DFVP court in a finalised proceeding. The clerk of the DFVP court may give written notice to a party, the lawyer for a party or any other person who appears to the clerk to be the owner or person entitled to possession of the exhibit, to collect the exhibit from the registry within 28 days. If the exhibit is not collected from the registry within 3 months after the notice is given, the clerk of the DFVP court may destroy or otherwise dispose of the exhibit in the way the clerk considers appropriate. The clerk of the DFVP court may apply to the DFVP court at any time for an order about the return, destruction or other disposal of an exhibit. If the clerk of the DFVP court returns, destroys or otherwise disposes of an exhibit under this rule, the clerk must ensure a note is placed on the court file specifying the exhibit and details of the person to whom it was returned or the way in which it was destroyed or otherwise disposed of. In this rule— exhibit includes an unfiled document held by the DFVP court. finalised proceeding means a proceeding— in which a DFVP court has dismissed a DFVP application without deciding it; or in which a DFVP application has been withdrawn; or in which a protection order has been made if— 3 months have passed since the order was made and no notice of appeal has been filed starting an appeal in relation to the proceeding; or an appeal in relation to the proceeding has been decided and— 3 months have passed since the decision and no application for special leave to appeal to the High Court from the decision has been filed; or an application for special leave to appeal to the High Court from the decision has been decided other than by the grant of special leave and 3 months have passed since the High Court’s decision; or 1 month has passed since an appeal to the High Court in relation to the proceeding has been decided, other than by granting a new trial or remitting the proceeding to another court for the making of a protection order. (sec.48-ssec.1) This rule applies to an exhibit held by a DFVP court in a finalised proceeding. (sec.48-ssec.2) The clerk of the DFVP court may give written notice to a party, the lawyer for a party or any other person who appears to the clerk to be the owner or person entitled to possession of the exhibit, to collect the exhibit from the registry within 28 days. (sec.48-ssec.3) If the exhibit is not collected from the registry within 3 months after the notice is given, the clerk of the DFVP court may destroy or otherwise dispose of the exhibit in the way the clerk considers appropriate. (sec.48-ssec.4) The clerk of the DFVP court may apply to the DFVP court at any time for an order about the return, destruction or other disposal of an exhibit. (sec.48-ssec.5) If the clerk of the DFVP court returns, destroys or otherwise disposes of an exhibit under this rule, the clerk must ensure a note is placed on the court file specifying the exhibit and details of the person to whom it was returned or the way in which it was destroyed or otherwise disposed of. (sec.48-ssec.6) In this rule— exhibit includes an unfiled document held by the DFVP court. finalised proceeding means a proceeding— in which a DFVP court has dismissed a DFVP application without deciding it; or in which a DFVP application has been withdrawn; or in which a protection order has been made if— 3 months have passed since the order was made and no notice of appeal has been filed starting an appeal in relation to the proceeding; or an appeal in relation to the proceeding has been decided and— 3 months have passed since the decision and no application for special leave to appeal to the High Court from the decision has been filed; or an application for special leave to appeal to the High Court from the decision has been decided other than by the grant of special leave and 3 months have passed since the High Court’s decision; or 1 month has passed since an appeal to the High Court in relation to the proceeding has been decided, other than by granting a new trial or remitting the proceeding to another court for the making of a protection order.