In the Matter of the Out-of-Cycle ) CHIEF JUSTICE ORDER
Adoption of Amendments to the ) No. 98-119
Uniform Trial Court Rule 6.120 )
  ) ORDER ADOPTING
  ) AMENDMENTS TO
  ) UNIFORM TRIAL COURT
  ) RULE 6.120

As recommended by Chief Justice Order 98-093 and Order of the Chief Judge of the Oregon Court of Appeals of the State of Oregon dated October 14, 1998, the Uniform Trial Court Rule 6.120 as amended below is adopted, ORS 1.002, and the amendments are effective January 1, 1999, to correspond with the effective date of the changes to ORAP 3.25.

The adopted amendments to UTCR 6.120 are as shown in the following (material that is in bold and underlined is new language added and material that is [bracketed and in italics] is existing language that is to be deleted from UTCR 6.120):

"UTCR 6.120 DISPOSITION OF EXHIBITS

(1) Unless otherwise ordered, all exhibits shall be returned to the custody of counsel for the submitting parties upon conclusion of the trial or hearing. [The custodian] Such counsel must sign an acknowledgment of receipt for the exhibits returned. [The party] Counsel to whom any [exhibit has] exhibits have been returned must retain custody and control until final disposition of the case unless the exhibits are returned to the trial court pursuant to subsections (2) or (3) of this rule. Both documentary and nondocumentary exhibits submitted by parties not represented by counsel shall be retained by the trial court, subject to subsection (4) of this rule.

(2) Upon the filing of a notice of appeal by any party, the trial court administrator promptly shall notify all counsel that they are required to return all documentary exhibits in their custody to the trial court within 21 days of receipt of the trial court's request. All counsel are required to comply with the notice. The trial court promptly will transmit the documentary exhibits to the appellate court, when requested to do so by the appellate court, under ORAP 3.25.

(3) [(2)] Upon request by an appellate court for transmission of nondocumentary exhibits, under ORAP 3.25, the trial court shall notify the party in whose custody the nondocumentary exhibits have been placed. The [custodian] party must resubmit the designated exhibits to the custody of the trial court for [submission] transmittal to the appellate court.

(4) [(3)] Exhibits not returned to the parties shall be processed as follows:

(a) Such exhibits shall be retained by the trial court until the appeal period has elapsed and there is a final disposition of the case.

(b) After final disposition of the case, a notice shall be sent to the parties of record that, unless they withdraw their respective exhibits within 30 days, the exhibits will be disposed of by the court.

(5) [(4)] Nothing contained in this rule shall prevent parties to any matter before the court from seeking the release or return of exhibits before the times specified in this rule.

(6) [(5)] Exhibits in the court's custody shall not be removed from the trial court administrator's control except by stipulation or by order of the court.

(7) For purposes of this rule, "documentary exhibits" include text documents, photos and maps, if not oversized , and audio and video tapes. An oversized document is one larger than standard letter size or legal size.

As amended by this order, UTCR 6.120 will read as follows:

"UTCR 6.120 DISPOSITION OF EXHIBITS

"(1) Unless otherwise ordered, all exhibits shall be returned to the custody of counsel for the submitting parties upon conclusion of the trial or hearing. Such counsel must sign an acknowledgment of receipt for the exhibits returned. Counsel to whom any exhibits have been returned must retain custody and control until final disposition of the case unless the exhibits are returned to the trial court pursuant to subsections (2) or (3) of this rule. Both documentary and nondocumentary exhibits submitted by parties not represented by counsel shall be retained by the trial court, subject to subsection (4) of this rule.

"(2) Upon the filing of a notice of appeal by any party, the trial court administrator promptly shall notify all counsel that they are required to return all documentary exhibits in their custody to the trial court within 21 days of receipt of the trial court's request. All counsel are required to comply with the notice. The trial court promptly will transmit the documentary exhibits to the appellate court, when requested to do so by the appellate court, under ORAP 3.25.

"(3) Upon request by an appellate court for transmission of nondocumentary exhibits, under ORAP 3.25, the trial court shall notify the party in whose custody the nondocumentary exhibits have been placed. The party must resubmit the designated exhibits to the custody of the trial court for transmittal to the appellate court.

"(4) Exhibits not returned to the parties shall be processed as follows:

"(a) Such exhibits shall be retained by the trial court until the appeal period has elapsed and there is a final disposition of the case.

"(b) After final disposition of the case, a notice shall be sent to the parties of record that, unless they withdraw their respective exhibits within 30 days, the exhibits will be disposed of by the court.

"(5) Nothing contained in this rule shall prevent parties to any matter before the court from seeking the release or return of exhibits before the times specified in this rule.

"(6) Exhibits in the court's custody shall not be removed from the trial court administrator's control except by stipulation or by order of the court.

"(7) For purposes of this rule, "documentary exhibits" include text documents, photos and maps, if not oversized , and audio and video tapes. An oversized document in one larger than standard letter size or legal size."

Dated this day of December 1998.

Wallace P. Carson, Jr.

Chief Justice


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