Chapter 6: Exhibits
6.1 Receipt, Custody, and Return of Exhibits
“Except as otherwise required by statute or court rule, materials that are intended to be used as evidence at or during a trial shall not be filed with the clerk of the court, but shall be submitted to the judge for introduction into evidence as exhibits.” MCR 2.518(A) . “Exhibits introduced into evidence at or during court proceedings shall be received and maintained as provided by Michigan Supreme Court trial court records management standards.” 1 Id . Exhibits received and accepted into evidence under MCR 2.518 are not court records . MCR 2.518(A) .
At the conclusion of a trial or hearing, the court must “direct the parties to retrieve the exhibits submitted by them[.]” MCR 2.518(B) . However, any weapons and drugs must be “returned to the confiscating agency for proper disposition.” Id . If the parties do not retrieve their exhibits “as directed, within 56 days of the conclusion of the trial or hearing, the court may properly dispose of the exhibits without notice to the parties.” Id .
“If the court retains discovery materials filed pursuant to MCR 1.109(D) or an exhibit submitted pursuant to this rule after a hearing or trial and the material is confidential as provided by law, court rule, or court order pursuant to MCR 8.119(I) , the court must continue to maintain the material in a confidential manner.” MCR 2.518(C) .
