LCR  79.
             BOOKS AND RECORDS KEPT BY THE CLERK


       (g)  Other Books and Records of Clerk.

       (1)  Exhibits.  Exhibits shall be kept separately
          from the court file.  Any inspection of an exhibit
          must be in the presence of the clerk or a deputy
          clerk unless authorized by a court order.

       (2) Rejection of Unsuitable Materials.  The Clerk
          shall not accept for filing in the court file
          material which should be filed as an exhibit or
          other materials not to be included by reason of CR
          5(i) and LCR 5(i).  When the Clerk is uncertain as
          to whether material is suitable for filing, he or
          she shall seek the advice of the presiding judge
          before filing the same.

       (3) Return of Contraband Exhibits.  When contraband,
          alcoholic beverages, tobacco products, controlled
          substances or fish or wildlife parts are being
          held by the Clerk as part of the records and files
          in any criminal case, and all proceedings in the
          case have been completed, the court may order the
          Clerk to deliver such contraband or substances to
          an authorized representative of the law
          enforcement agency initiating the prosecution for
          disposition according to law.  The Clerk shall
          then deliver the contraband and take from the law
          enforcement agency a receipt which shall be filed
          in the case.  The Clerk shall also file any
          certificate issued by an authorized federal or
          state agency and received by the Clerk showing the
          nature of such contraband or substances.

       (4) Return of Administrative Record on Appeal.  When
          a case for review of an administrative record is
          finally completed, the Clerk shall treat the
          administrative record as an exhibit.  The Clerk
          shall return the administrative record to the
          officer or agency certifying the same to the Court.

     (h)  At the discretion of the Clerk, a file may be
       removed from the courthouse by a resident attorney,
       a representative of a title company with proper
       authorization, or a judicial officer.  Authorization
       for an attorney to remove a file from the courthouse
       may be given in writing by the Clerk or Clerk’s
       deputy and shall not exceed two (2) court days.
       Files may be withdrawn to be taken to a courtroom by
       the following persons:  judicial officers, deputy
       clerks, bailiffs, the court administrator or his/her
       staff, and resident attorneys.

       In instances of mail or telephonic requests by non-
       resident attorneys, the file will be mailed by
       certified mail to the Clerk of the county where such
       applicant attorney is a resident.  All costs of
       mailing shall be borne by the applicant attorney.
       All files so withdrawn must be returned to the
       Clerk’s office within the period specified by the
       Clerk, but in no event will this period exceed two
       (2) court days.  The court may, upon written
       application showing cause therefor, authorize the
       withdrawal of specified Clerk’s files for a period
       in excess of tow (2) court days.

        Any person found in violation of the provisions of
        this rule shall be subject to sanctions as ordered
        by the court.


[Adopted September 1, 1991; amended effective September 1, 2004.]