Rule 28.2. Disposition of Evidence and Illustrative AIDS

(a) Manner of Disposition Unless the court orders otherwise, after the case is no longer subject to modification under Rule 28.1, the clerk must dispose of evidence and illustrative aids in the case as follows:

(1) Any exhibit submitted through a digital evidence portal (a “digital exhibit”) must be deleted by the clerk without further notice

(2) For any exhibit or evidence not submitted through a digital evidence portal (a “physical exhibit”) and illustrative aids, the clerk must provide at least 30 days' notice to the party who submitted the physical exhibit or illustrative aid for that party to claim and, if claimed, return it to the party who submitted it If the party who submitted the physical exhibit or illustrative aid does not claim it after 30 days from such notice, the clerk may dispose of the physical exhibit or illustrative aid.

(b) Disposal of Evidence; Right to Examine and Record of Disposal

(1) Disposal of Evidence Before disposing of any evidence seized or otherwise obtained for a filed criminal prosecution, a law enforcement agency must notify the responsible prosecuting agency and the Attorney General, who may:

(A) photograph, reproduce, preserve in whole or in part, or identify the item;

(B) transcribe all serial numbers, identification numbers, or other identifying markings; or

(C) prepare, or have an expert prepare, a report identifying the item.

(2) Notice At least 20 days before disposing an item under this rule, the prosecuting agency or law enforcement agency must serve a notice of disposal, together with a copy of any record of disposal made under (b)(5) to any person and the person's counsel against whom the State has used or may use the item as evidence.

(3) Examination No later than 10 days after the disposal notice is served, the person may request a stay of disposal until after trial or may request permission to examine, test, analyze, or otherwise make his or her own record of disposal of the item.

(4) Conditions The State must permit an examination requested under (b)(3), but may impose reasonable conditions on any examination, testing, or analysis, including a stipulation concerning chain of title.

(5) Record of Disposal The prosecuting agency, law enforcement agency, or the Attorney General must prepare a record of disposal for any item disposed of under (b)(1).

(c) Stay of Disposal On any party's request or on its own, the court with jurisdiction over the case may stay disposal of any item for a reasonable time. The timely filing of a motion stays the disposal of any item until the court rules.

(d) Use of Record of Disposal A record of disposal that is made under (b)(5) is admissible for any purpose for which the item itself would be admissible.