Rule 1.21 - CUSTODY OF EVIDENCEA. In Case Type Other than Civil Case Types1. The court shall take custody of all items admitted into evidence at any proceeding, hearing or trial. The court shall preserve, safeguard and account for each piece of admitted evidence until the conclusion of the case and shall bring the evidence back into the courtroom for hearings or trial. During times when the court is not in session, every effort shall be made by the court to secure all contraband items or items of intrinsic value or danger in a secure safe or a locked storage area and not entrust them to the possession of another.2. Items in evidence, removed by order of the court from the court's custody for any reason, shall be specifically listed in a written order or enumerated orally on the record and entrusted to a named individual, such as a Deputy Sheriff, Bailiff or attorney. When the need for alternate custody has been concluded, all such items shall be immediately returned to the custody of the court, and the return of each item shall be memorialized by written order or enumerated orally on the record.3. At the conclusion of the case, the Clerk of the Court shall have custody of all items in evidence, preserving, safeguarding and accounting for them until such time as the clerk may be relieved of custody by order of the court.4. Items offered but not accepted into evidence by the court shall be retained by the proffering party unless ordered to be taken into the custody of the clerk for purposes of future review. Once taken into custody by the clerk, they shall be preserved, safeguarded and accounted for in the same manner as items in evidence.B. In Civil Case Types Only 1. Exhibits received at trial, or in any evidentiary hearing, in any civil matter heard in McHenry County, shall be retained by the offering party unless otherwise ordered by the Trial Judge.2. If a notice of appeal is filed and any party is desirous of having an exhibit or exhibits included in the record on appeal, that party should seek an order from the judge presiding over the case for such inclusion. 3. All exhibits to be included in the record on appeal, where practical, shall be submitted to the Circuit Clerk in electronic format.4. Each electronic file shall contain an Exhibits Table of Contents, as provided in appendix A (see below), which shall identify the party offering each exhibit, exhibit number assigned when the exhibit was offered, and description of the exhibit, for each exhibit to be included in the record on appeal.a. All documentary exhibits to be included in the record on appeal shall be separated into groups of unsealed documentary exhibits and sealed documentary exhibits. Unsealed documentary exhibits and sealed documentary exhibits shall be submitted separately.b. Photographic exhibits to be included in the record on appeal shall be scanned in color, if possible, and submitted to the Circuit Clerk electronically. Photographs larger than 8.5" x 11", which cannot be scanned successfully, shall be listed in the Exhibits Table of Contents, with a page inserted in sequential order, identifying the photographic exhibit. (i.e., "Defendant's Exhibit #1 - 11" x 16" color poster-retained by Circuit Clerk").c. Documentary or descriptive exhibits to be included in the record on appeal (i.e., Video or audio recordings, computer media, discs, flash drives, etc.) Shall be recorded in the Exhibits Table of Contents and submitted to the Circuit Clerk in the original form. A page shall be inserted in sequential order, identifying the documentary or descriptive exhibit. (i.e., "Plaintiff's Exhibit #1 - Flash Drive - Retained by Circuit Clerk").d. Physical exhibits (i.e., clothing, charts, maps, photographs, or other items larger than 8.5" by 11" inches, too large or bulky to scanned) to be included in the record on appeal shall be recorded in the Exhibits Table of Contents. A page describing the exhibit shall be inserted in sequential order, as appropriate. (i.e., "Defendant's Exhibit #12 - Map of Woodstock - Retained by Circuit Clerk")e. Exhibits offered but not admitted shall also be recorded in the Exhibits Table of Contents. A page describing the exhibit shall be inserted in sequential order, as appropriate. (i.e., "Plaintiffs Exhibit #12 - Not Admitted")5. Upon turning over the exhibits ordered to be included in the record on appeal to the Circuit Clerk, a Receipt of the Exhibit stating the date and time documentary exhibits were released by the party and received by the Office of the McHenry County Circuit Clerk shall be signed by the clerk.6. This rule applies to exhibits presented at trial or in any evidentiary hearing. This rule does not apply to pleadings, attachments to pleadings, motions or petitions, regardless of whether any document is marked or described as an "exhibit." Appendix A - For Civil Case Types Only
EXHIBITS - TABLE OF CONTENTS
Page ______ of ______
Party | Exhibit # | Description | Page No. |
Plaintiff | 1 | Bank Statement | E2 - E8 |
Defendant | 1 | Flash Drive - Sent via US Mail on (Date) | E9 |
Plaintiff | 2 | Not Admitted | E10 |
Plaintiff | 3 | Knife - Retained by Circuit Clerk | E11 |
Ill. R. Cir. Ct. McHenry Cnty. 1.21