Rule 80.1.Retention and Disposition of Evidence and Illustrative Aids.
Last verified July 1, 2026
Full Text of Rule 80.1
Amendment History
Added by R-25-0044 on an emergency basis and made permanent effective January 1, 2026.
Plain-English Summary
The clerk keeps every exhibit offered in evidence, whether or not it was ultimately admitted, along with any illustrative aid used under the evidence rules. Once a case is no longer subject to modification, the clerk can delete any exhibit submitted through a digital evidence portal without further notice, but for a physical exhibit or illustrative aid, the clerk must give the party that submitted it at least 30 days' notice to claim it back; if nobody claims it within that window, the clerk may dispose of it.
A case becomes “no longer subject to modification” once nothing remains pending and 90 days have passed since one of several triggering events: the trial court dismisses all claims without an appeal, an appealable judgment or order is entered without an appeal or post-trial motion following, a post-trial motion is denied without an appeal from that denial, or the trial court receives an appellate mandate affirming the case. Until one of those milestones is reached and the 90-day window runs, the clerk keeps the exhibits and illustrative aids in place.
Frequently Asked Questions
How long does the clerk keep trial exhibits after a case ends?
Until the case is no longer subject to modification — generally 90 days after a final dismissal, judgment, denied post-trial motion, or appellate mandate, without any further appeal.
Does the clerk have to notify me before disposing of my exhibits?
For a digital exhibit, no notice is required. For a physical exhibit or illustrative aid, the clerk must give you at least 30 days' notice to claim it.
What happens if I don't claim my physical exhibit after getting notice?
The clerk may dispose of it once the 30-day notice period has passed without a claim.