3.307 - Destruction or disposal of exhibits in civil actions. - Nevada Statutes

3.307  Destruction or disposal of exhibits in civil actions.  A district court, on its own motion, may order destroyed or otherwise disposed of any exhibit or deposition introduced in the trial of a civil action or proceeding or filed in such action or proceeding which:

      1.  If appeal has not been taken from the decision of the district court in such action or proceeding, remains in the custody of the district court or clerk of such court 2 years after the time for appeal has expired.

      2.  If appeal has been taken, remains in the custody of the district court or clerk of such court 2 years after final determination thereof, or which remains in the custody of the district court or clerk of such court for a period of 2 years after:

      (a) A motion for a new trial has been granted or a motion to set for trial has not been made within such 2 years;

      (b) The filing of the remittitur where the action or proceeding, after appeal, has been remanded to the trial court for a new trial and the same has not been brought to trial within 2 years from the date of filing the remittitur;

      (c) The dismissal of such action or proceeding; or

      (d) The introduction or filing thereof where there is no provision for the destruction or other disposition of such exhibit or deposition and where, in the discretion of the district court, the same should be destroyed or otherwise disposed of.

Ê The order shall be filed with the pleadings of each case in which any such order is made.

      (Added to NRS by 1971, 318; A 1973, 439)