Ga. R. Juv. Ct. 18

As amended through April 15, 2024
Rule 18 - Maintenance of Evidence

The clerk, court reporter, or other designated court personnel shall maintain a log or inventory of all items admitted as evidence in a juvenile court proceeding. Such log or inventory shall include the relevant case number, the names of the parties, the name and official position of the custodian of the items, the location where the items are stored, and a description of each item. Each item included in the log or inventory shall be individually identified with the case number and the exhibit number. The designated custodian shall update the log or inventory upon any change of the custodian or the location of the items.

During court proceedings, dangerous or contraband items shall be maintained by the designated custodian in the courthouse or other such location as allowed by law, and made available to the court reporter, if applicable. At all other times, such items shall be in the custody of the sheriff's office or other appropriate law enforcement officer along with a copy of the log or inventory. The sheriff or other law enforcement officer shall acknowledge transfer of the item(s) from the designated custodian with a signed receipt, and the receipt shall be retained with that individual's log or inventory.

In all cases, the court reporter shall be granted the right of access to all items admitted as evidence necessary to complete the transcript of the case.

Evidence in the possession of the designated custodian shall be maintained in accordance with the law. In the event that an item of evidence is to be released, the designated custodian shall be responsible for recording on the evidence log the name of the individual to whom the item is to be released, the date of the release, and the type of action taken for the release. The designated custodian shall also be responsible for the destruction of any item of evidence as ordered by the court.

The clerk, court reporter, prosecutor, sheriff, or other individual who is the custodian of an item of original evidence shall petition the court prior to making a substitute reproduction of such item. Upon the grant of such petition, the court shall enter the order for substitution into the log or inventory.

Within 30 days after disposition of the case, the designated custodian of the items of evidence that are the subject of this rule shall transfer the items of evidence along with the evidence log or inventory to the clerk of the originating court.

Any personal property found to be in the possession of the court that is no longer necessary for evidence at trial and is found to be unclaimed or abandoned shall be disposed of in accordance with O.C.G.A. § 17-5-54 with the exception of (1) personal property that is subject to civil forfeiture shall be disposed of in accordance with O.C.G.A. § 9-16-1 et seq.; (2) personal property that has been alleged to be stolen, embezzled, or otherwise unlawfully obtained or seized shall be disposed of in accordance with O.C.G.A. §§ 17-5-50 through 17-5-53; (3) abandoned motor vehicles shall be disposed of in accordance with O.C.G.A. § 40-11-1 et seq., and (4) evidence used in delinquency cases shall be disposed of in accordance with O.C.G.A. § 17-5-55.

Ga. R. Juv. Ct. 18

Amended May 2, 2019, effective July 1, 2019.