Rule 53A. Custody of Nondocumentary Exhibits

(a) During Trial or Hearing. During trial or hearing the clerk of the Unified Criminal Docket shall retain custody of all nondocumentary exhibits offered in evidence, whether admitted or excluded.

(b) After Trial or Hearing. At the conclusion of trial, counsel and self-represented parties shall, to the extent practicable, make arrangements for the withdrawal of any nondocumentary exhibit from the custody of the clerk. If it is necessary to preserve any exhibit for purposes of appeal, counsel and self-represented parties shall, whenever possible, arrange for a photograph of the exhibit. If no substitution is made for a bulky exhibit, the appellant is responsible for its transportation.

(c) After Final Determination. After the final determination of any action, any remaining nondocumentary exhibit shall be removed from the custody of the clerk by the offering party, unless otherwise ordered by the court. If any such exhibit is not so removed within 63 days after final determination, the clerk may, after 14 days' notice to the offering party, dispose of the exhibit in a reasonable manner, including transfer to the State for disposition as abandoned property.

Committee Notes

Committee Advisory Note [December 2014] The Rule parallels the content of Rule 53A of the Maine Rules of Criminal Procedure but differs in the following respects. First, in subdivision (a) the words "of the Unified Criminal Docket" are added following the word "clerk" to enhance clarity. Second, in subdivision (c) the reference to "60 days" is changed to "63 days" to reflect the Court's preference for calculating time periods for rule purposes in increments of 7 rather than increments of 5.

[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Note – June 2006 M.R. Crim. P. 53A. The amendment incorporates in the rule the provisions of Administrative Order JB-05-23, Marking, Removal, and Disposal of Exhibits in Criminal Actions , effective August 1, 2005, that deal with the custody of nondocumentary exhibits during or after trial or hearing. Although the term "nondocumentary exhibits" is not defined in this new rule, the term "documentary exhibits" is described in Rule 6(b) of the Maine Rules of Appellate Procedure. See also M.R. Crim. P. 36C(b).