(a) Retention of Exhibits. Exhibits shall be retained by the
attorney producing them unless the court orders them deposited with the clerk.
In proceedings before a master or other like officer, the officer may elect to
include exhibits with the report.
(b) Availability of
retained by counsel are subject to orders of the court. Upon request, counsel
shall make the exhibits or copies thereof available to any other party to
enable that party to designate or prepare the record on appeal.
(c) Removal of Exhibits. Exhibits deposited with the clerk
shall be removed by the party responsible for them—
(1) 90 days after a final
decision is rendered if no appeal is taken from that decision, or
(2) where an appeal is taken,
within 30 days after the mandate of the reviewing court is filed.
A party failing to comply
with this rule shall be notified by the clerk to remove the exhibits. If a
party fails to remove the exhibits within 30 days following such notice, the material
shall be sold by the marshal at public or private sale or disposed of as the
court directs. The net proceeds of the sale shall be paid into the registry of
(d) Withdrawal of Records. Pleadings and records filed and
exhibits deposited with the clerk shall not be withdrawn from the custody of
the court except as provided by these rules or upon order of court. Parties
withdrawing their exhibits from the court’s custody and persons withdrawing
items pursuant to an order of court shall give the clerk a signed receipt
identifying the material taken, which receipt shall be filed.