spacer.png, 0 kB
Home
spacer.png, 0 kB spacer.png, 0 kB
Print E-mail

  PART 18.00  Control of Evidence


18.00 CONTROL OF EVIDENCE

A. Exhibits received at trial, or in any evidentiary hearing, in any civil, juvenile or criminal matter heard in Winnebago County, shall be retained by the offering party unless otherwise ordered by the trial judge.

B.  Excepting only those cases which are the subject of the following Paragraph C, if a notice of appeal is filed and any party is desirous of having an exhibit or exhibits included in the record on appeal, that party should seek an order from the judge presiding over the case for such inclusion. 

C.  For Juvenile and Juvenile Abuse and Neglect case types only, all parties of record shall within 28 days from the filing of a Notice of Appeal provide the Office of the Winnebago County Circuit Clerk with the following:

1. All documentary exhibits to be included in the Common Law Record.  Documentary exhibits shall be separated in groups of unsealed documentary exhibits and sealed documentary exhibits. Unsealed documentary exhibits and sealed documentary exhibits shall be submitted in separate 8.5 x 11 unsealed envelopes and shall be labeled on the outside of the envelope in the format as provided in Appendix NN;

2. Each envelope shall contain an Exhibit Log, as provided in Appendix OO, itemizing all documentary exhibits contained within the envelope; and

3. A Transfer Request Form stating the date and time documentary exhibits were released by the party and received by the Office of the Winnebago County Circuit Clerk.

D.  This rule applies to exhibits presented at trial or in any evidentiary hearing.   This rule does not apply to pleadings, regardless of whether any document is marked or described as an “exhibit.”

(Adopted 8/26/2014)

 

18.01 CONTROL OF EVIDENCE (BOONE COUNTY)       

A. Exhibits received at trial, or in any evidentiary hearing, in any civil, juvenile or criminal matter heard in Boone County, shall be retained by the Circuit Clerk unless otherwise ordered by the trial judge.
B. Except for criminal and juvenile cases, if no notice of appeal is filed in a timely fashion, the Circuit Clerk shall retain the exhibits for 30 additional days beginning with the last day the parties have to file a notice of appeal.
1. If the party wishes to regain possession of his/her exhibits, the party (or their agent) shall request and pick up said exhibits within the 30-day window. The party shall sign a receipt for the items upon being tendered such. Said receipt shall be in such form as requested by the Circuit Clerk and shall be retained as desired by the Circuit Clerk.
2. If a party does not request the return of his/her exhibits within the 30 day window, the Circuit Clerk may dispose of them as she sees fit.
C. This rule applies to exhibits presented at trial or in any evidentiary hearing. This rule does not apply to pleadings, regardless of whether any document is marked or described as an “exhibit.”

 

(Adopted 09/182017)  

Back to the Top

 
spacer.png, 0 kB
spacer.png, 0 kB
spacer.png, 0 kB
spacer.png, 0 kB
spacer.png, 0 kB