Article 2.21 of the Code of Criminal Procedure designates the clerk of the court as the receiving authority for exhibits
tendered during criminal proceedings. It further details which types of exhibits shall be received, the period that they
must be maintained, and what conditions must be met before they can be destroyed. Occasionally, requests are made to check out
the evidence in a specific case; this requires a court order.
An exhibit is an item that has been offered, marked and admitted into evidence in a trial.
The types of exhibits generally received include: photographs, physical objects - such as clothing, shoes, bullet fragments,
as well as documents of all types. Occasionally, notes of a court proceeding taken verbatim by the Court Reporter are received and
stored in the exhibit area.
Items that are not accepted in this office include weapons and items considered to be contraband, such as drugs and currency.
These items must be surrendered to the Harris County Sheriff.
Exhibits may be disposed of once they reach the eligibility requirements. Article 38.39 of the Code of Criminal Procedure
mandates that notice of intent to destroy biological evidence (DNA) be given to the defendant, the defendant's last
known attorney and the convicting court. If a written objection is received within 91 days of such notice, the evidence cannot
be destroyed. Paper evidence may be shredded, while all other materials must be incinerated. |