LGR 20. Security in Handling Court Exhibits

(f) Identification of Exhibits Containing DNA

(1) RCW 5.70.010 mandates the preservation of certain DNA evidence admitted by a governmental entity in certain adult criminal or juvenile offender cases. To aid in compliance with these mandates parties must identify the exhibits, when presented to the clerk, as containing DNA evidence subject to the retention requirements of that statute.

(2) Upon presentation to the clerk of exhibits declared to contain DNA evidence subject to the requirements of RCW 5.70.010, the clerk shall identify the exhibit as one containing DNA evidence subject to special retention requirements.

(3) Upon resolution of the case and expiration of the period for any appeals, the party who offered such DNA evidence must retrieve the evidence admitted so the evidence may be preserved and/or maintained as described in RCW 5.70.010.

(i) --Exhibits – Narcotics.

When narcotic or dangerous drugs have been admitted in evidence or have been identified and are being held by the clerk as a part of the records and files in any criminal cause, and all proceedings in the cause have been completed, the prosecuting attorney may apply to the Court for an order directing the clerk to deliver such drugs to an authorized representative of the law enforcement agency initiating the prosecution for disposition according to law. If the Court finds these facts and is of the opinion that there will be no further need for such drugs, it shall enter an order accordingly. The clerk shall then deliver the drugs and take from the law enforcement agency a receipt which he/she shall file in the cause. He/she shall also file any certificate issued by an authorized federal or state agency and received by him/her showing the nature of such drugs. See also LCR 79(d).

[Adopted effective September 1, 2008; September 1, 2017.]