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Rule 397. Same: Original Exhibits (1976)


Original papers and exhibits sent up by order of the court below for the inspection of the appellate court, will be retained in the office, and will not be allowed to go out of the custody of the clerk, except by order of one of the justices of the court, which order must be filed with the papers of the cause. Any party or attorney withdrawing such papers or exhibits shall leave a receipt identifying the papers or exhibits which he has received, and if he fails to return them, the court may accept the opposing party's statement concerning their nature and contents.

Amended by order of July 22, 1975, eff. Jan. 1, 1976: The last sentence is new.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 Repealed by order of April 10, 1986, eff. Sept. 1, 1986