taken, all such exhibits shall be retained by the court reporter for six (6) years from termination of the appeal, retrial, or subsequent appeal and termination, whichever is later, unless an action challenging the conviction or sentence, or post-conviction action, is pending.

The court reporter shall retain the mechanical or electronic records or tapes, shorthand or stenographic notes as provided in Administrative Rule 7.

D. Retention Periods for Evidence Introduced in Criminal Level 3, Level 2, Level 1, Class B, Class A Felonies, and Murder

Level 3, Level 2, Level 1, Class B, Class, A Felonies, and Murder. All models, diagrams, documents, or material admitted in evidence (including but not limited to drugs, guns, knives, weapons, other physical items) or pertaining to the case placed in the custody of the court reporter as exhibits shall be taken away by the parties offering them in evidence, except as otherwise ordered by the court, twenty (20) years after the case is dismissed, the defendant found not guilty, or the defendant is sentenced, unless an appeal is taken. However, if the exhibit entered into evidence was the product of a seizure by law enforcement as a result of an arrest or search, the exhibit shall be returned to the prosecuting attorney for disposition according to I.C. § 35-33-5-5. If an appeal is taken, all such exhibits shall be retained by the court reporter for twenty (20) years from termination of the appeal, retrial, or subsequent appeal and termination, whichever is later, unless an action challenging the conviction or sentence, or post-conviction action, is pending.

The court reporter shall retain the mechanical or electronic records or tapes, shorthand or stenographic notes as provided in Administrative Rule 7.

Courts should be encouraged to photograph as much evidence as possible and courts and parties reminded of the requirements of Appellate Rule 29(B).

E. Notification and Disposition

In all cases, the court shall provide actual notice, by mail, to all attorneys of record and to parties only if unrepresented by counsel, that the evidence will be destroyed by a date certain if not retrieved before that date. If the case was a felony, misdemeanor, or infraction case, notice shall issue to the current elected prosecuting attorney. If there is a dispute or question by a party regarding which party owns the exhibit, either party may file an appropriate pleading with the court to bring the matter before the court. Counsel and parties have the duty to keep the court informed of their current addresses and notice to the last current address shall be sufficient. Court reporters should maintain a log of retained evidence and scheduled disposition date and evidence should be held in a secure area. At the time of removal, a detailed receipt shall be given by the court reporter/assistant court reporter to the party receiving and removing the evidence, the receipt will be made part of the court file.

In all cases, evidence which is not retaken after notice should be disposed of by the sheriff on the court’s order. The sheriff should be ordered to destroy evidence if its possession is illegal or if it has negligible value. Evidence of some value should be auctioned by the sheriff with proceeds going to the county general fund. These Rules and their retention periods will take precedence over inconsistent language in statutes, I.C. 35-33-5-5(c)(2).