ยง606-4 - Custody; disposition of exhibits.
ยง606-4ย Custody; disposition of exhibits.ย
The clerks of the supreme, intermediate appellate court, circuit, and district
courts shall have the custody of all records, books, papers, moneys, exhibits,
and other things pertaining to their respective courts.
The attorney of the party who introduced the
exhibits or things in evidence or left them in the custody of the court, or the
party, if not represented by any attorney, shall remove them from the court
within six months after the final termination of the action to which the
exhibits or things are related.ย The clerks shall have the authority and power,
upon the written approval of a judge of the court given in particular actions
or proceedings, to sell, destroy, or otherwise dispose of exhibits and things
marked for identification, other than original files belonging to other
actions, which have come into their possession or custody under this section,
when such exhibits or things have not been already removed by their owners or
by the attorneys representing the owners and when more than six months has
elapsed since the final termination of the action to which the exhibits or
things are related.
All moneys received from sales under this
section shall be forthwith deposited with the state director of finance as
government realizations. [L 1892, c 57, ยง63; am L 1911, c 84, ยง3; RL 1925,
ยง2294; am L 1929, c 171, ยง1; RL 1935, ยง3693; RL 1945, ยง9724; RL 1955, ยง218-4;
am L Sp 1959 2d, c 1, ยง14; am L 1963, c 114, ยง1; HRS ยง606-4; am L 1970, c 188,
ยง26; am L 1972, c 88, ยง4(d); am L 1979, c 111, ยง4(2); am L 1984, c 259, ยง1]
Case Notes
ย Proceeds of partition sale in hands of clerk and subject to
judicial action not subject to garnishment.ย 10 H. 499.