The Law Mind

Files And Exhibits: Custody And Withdrawal

D. Nev. LR 79-1

(a) All files and records of the court must remain in the custody of the clerk, and records or papers in the court’s files may not be taken from the clerk’s custody without the court’s written permission, and then, only after a receipt has been signed by the person obtaining the record or paper. (b) The clerk must mark and have safekeeping responsibility for all exhibits marked and identified at trial or hearing. Unless there is some special reason why the originals should be retained, the court may order exhibits to be returned to the party who offered the exhibits upon the filing of true copies of the exhibits in place of the originals. (c) Unless the court orders otherwise, the clerk must continue to have custody of the exhibits until the judgment has become final and the deadlines for filing a notice of appeal and motion for a new trial have passed, or appeal proceedings have terminated. (d) If no appeal is taken, after final judgment has been entered and the deadline for filing a notice of appeal and a motion for a new trial have passed, or upon the filing of a stipulation waiving the right to appeal and to a new trial, any party may, upon 21-days’ prior written notice to all parties, withdraw any exhibit originally produced by it unless some other party or person files prior notice with the clerk of a claim to the exhibit. If a notice of claim is filed, the clerk must not deliver the exhibit unless both the party who produced it and the claimant consent in writing, or until the court has determined who is entitled to the exhibit. (e) If exhibits are not withdrawn within 21 days after the clerk notifies the parties to claim the exhibits, the clerk must destroy or otherwise dispose of the exhibits as ordered by the court.
Official source: https://www.nvd.uscourts.gov/wp-content/uploads/2020/04/Local-Rules-of-Practice-Amended-20 · retrieved 2026-07-23