A. Upon request of the Court Clerk or a party to the case, or upon the presiding judge’s own motion, a hazardous exhibit, money, an item of monetary or cultural value, or an item deemed to be excessively bulky may be admitted and then replaced with photograph(s), videotape(s), samples or other facsimile representations, provided the presiding judge has ordered the replacement.

B. The photograph(s), videotape(s), samples or other facsimile representations may be used to demonstrate the existence, quantity, and physical characteristic of the evidence. The presiding judge’s order must direct the replacement of the original evidence and state whether the evidence must be further documented by a certificate issued by an authorized person or agency.

C. When controlled substances are presented in court as evidence, such items shall be presented in containers sealed by tape with labels that describe their contents. Sealed controlled substances presented as exhibits shall be unsealed in open court and, upon completion of the action for which unsealing was ordered, the item shall be sealed again.

D. When a photograph, videotape, or other facsimile representation is substituted, the original exhibit must be retained by the presenting party or agency until at least sixty (60) days following case completion and must produce the original exhibit upon the Court’s direction. Case completion is defined as the date of filing of the final judgment, or dismissal, or the date the judgment becomes final after appeal.

E. Exhibits handled under these rules shall have the same standing for purposes of appeal as would the original exhibits. (Res. 2021-43; Res. 2020-59; Res. 2020-42 Exh. A)