Chest. Cnty. Ct. Comm. Plea. R. 5103

Current through March 7, 2024
Rule 5103 - Custody of Exhibits. Special Provisions
(A) Documentary Exhibits.
(1) Whenever a proponent offers into evidence an exhibit such as a letter, report, drawing, map, photograph, or other document that is larger in size than 81/2 x 11 inches, the proponent shall contemporaneously provide to the appropriate records office a copy of the document (said copy approved by the parties or the court) reduced to 81/2 x 11 inches (or smaller). The smaller-sized document, of which the records office shall assume custody, shall be entered into the record as the substitute exhibit ("substitute exhibit") in lieu of the oversized original. The proponent shall retain custody of the oversized original.
(2) If exigent circumstances prevent the proponent from providing the smaller-sized document to the records office at the same time the proponent offers the oversized original into evidence, then the proponent shall file the smaller-sized document copy (said copy approved by the parties or the court) as the substitute exhibit with the records office not later than five (5) business days after the court proceeding has concluded.
(B) Photographs.
(1) Whenever a proponent offers into evidence a photograph that is larger in size than 81/2 x 11 inches, the proponent shall contemporaneously provide to the records office a copy of the photograph (said copy approved by the parties or the court) reduced to 81/2 x 11 inches (or smaller). The smaller-sized photograph, of which the records office shall assume custody, shall be entered into the record as the substitute exhibit in lieu of the oversized original. The proponent shall retain custody of the oversized original.
(2) If exigent circumstances prevent the proponent from providing the smaller-sized photograph to the records office at the same time the proponent offers the oversized original into evidence, then the proponent shall file the smaller-sized photograph copy (said copy approved by the parties or the court) as the substitute exhibit with the records office not later than five (5) business days after the court proceeding has concluded.
(C) Non-documentary Exhibits: Generally.
(1) Whenever a proponent offers into evidence a non-documentary exhibit, the proponent shall contemporaneously provide to the records office a photograph (said photograph approved by the parties or the court) of the exhibit (no larger in size than 81/2 x 11 inches). The photograph, of which the records office shall assume custody, shall be entered into the record as the substitute exhibit in lieu of the original non-documentary exhibit. The proponent shall retain custody of the original non-documentary original exhibit.
(2) If exigent circumstances prevent the proponent from providing the photograph to the records office at the same time the proponent offers the original exhibit into evidence, then the proponent shall file the photograph (said photograph approved by the parties or the court) with the records office not later than five (5) business days after the court proceeding has concluded.
(D) Method of Filing. Whenever the permissible substitute exhibit for an original exhibit identified in paragraph (A)(1), (B)(1), or (C)(1) was not provided to the records office during a court proceeding, the proponent shall hand-deliver the substitute exhibit to the records office within the timeframes set forth in paragraphs (A)(2), (B)(2), and (C)(2). In no event shall the substitute exhibit be filed with the records office electronically or by mail.
(E) Relief. If a proponent does not timely file a permissible substitute exhibit for an original exhibit in accordance with C.C.R.J.A. 5103(D), the records office and any party may seek appropriate relief from the court.

Chest. Cnty. Ct. Comm. Plea. R. 5103

Adopted effective 4/15/2024.