(Applicable to all cases)
Exhibits other than hospital records, which are placed in the custody of the clerk shall he retained by him for three years after the trial or hearing at which they were used, subject to an order of confiscation or destruction, unless sooner delivered to the parties or counsel to whom they respectively belong or by whom they were respectively presented or introduced. If in doubt as to the party or counsel entitled to delivery, the clerk may require an agreement of parties or counsel or order of the court, before delivery. The clerk may destroy or discard such exhibits, but not earlier than thirty days after notice by the clerk to the party presenting or introducing such exhibits, requesting him to remove them, nor earlier than three years after such trial or hearing.
Mass. R. Sup. Ct. 14