(a) Due to chain-of-custody and safety concerns, employees of the Clerk’s
Office shall not take overnight custody of controlled substances, weapons,
Page 35 of 65
or visual depictions of sexually explicit conduct involving a minor as
defined in 18 U.S.C. § 2256 (“Child Pornography ”).
(b) At any time during a proceeding, the presiding judicial officer may require
a party producing a controlled substance, weapon, or Child Pornography,
to retain custody and/or control of the exhibit.
(c) If a controlled substance, weapon, or Child Pornography is admitted into
evidence by the Court during a proceeding, the party that produced the
exhibit(s) shall move to take custody of the exhibit(s) at the end of the day,
returning the exhibit(s) to Court each day until the conclusion of the
proceeding, or as otherwise directed by the Court.
(d) At the end of any proceeding wherein a controlled substance, weapon, or
Child Pornography has been admitted into evidence, in accordance with
SDIL-LR 79.1, the party that produced the exhibit(s) shall move to
withdraw the exhibit(s). Such exhibits shall be retained and subsequently
produced in accordance with Local Rule 79.1 and Circuit Rule 10.