Rule 90.1.Retention and Disposition of Evidence and Illustrative Aids

Part X. Judgments and Decrees · Last amended January 1, 2026 · Last verified September 4, 2026

In one sentenceRule 90.1 governs what the clerk does with exhibits after a case ends -- digital exhibits are deleted without notice, physical ones held 30 days after notice to the party who submitted them.

Full Text of Rule 90.1

Text sizeJump to: (a) (b) (c)

(a) Generally. The clerk receives and maintains:

(1) all exhibits offered for admission in evidence but not received in evidence;

(2) all exhibits admitted in evidence; and

(3) any illustrative aid used under Rule 107 of the Arizona Rules of Evidence.

(b) Manner of Disposition. Unless the court orders otherwise, after the case is no longer subject to modification, the clerk must dispose of evidence and illustrative aids in the case as follows:

(1) Any exhibit submitted through a digital evidence portal (a “digital exhibit”) must be deleted by the clerk without further notice.

(2) For any exhibit or evidence not submitted through a digital evidence portal (a “physical exhibit”) and illustrative aids, the clerk must provide at least 30 days' notice to the party who submitted the physical exhibit or illustrative aid for that party to claim and, if claimed, return it to the party who submitted it. If the party who submitted the physical exhibit or illustrative aid does not claim it after 30 days from such notice, the clerk may dispose of the physical exhibit or illustrative aid.

(c) Definition of “Subject to Modification.” For purposes of this rule, a case is “no longer subject to modification” when no further matters remain pending and 90 days after:

(1) the trial court dismisses all claims, unless a party files a notice of appeal;

(2) the entry of an appealable judgment or appealable order, unless a party files a notice of appeal or a post-trial motion;

(3) the trial court denies a post-trial motion, unless a party files a notice of appeal from the denial of that motion; or

(4) the trial court receives an appellate court mandate affirming.

End

Rule History

Added on an emergency basis Aug. 28, 2025, effective Jan. 1, 2026, permanently added effective Jan. 1, 2026.

Plain-English Summary

Rule 90.1 is the newest rule in the ruleset, added on an emergency basis August 28, 2025 and permanently effective January 1, 2026. It exists because courts moved to digital evidence portals and needed a retention rule that distinguishes a file from a box.

What the clerk holds

Three categories: exhibits offered but not received in evidence, exhibits admitted in evidence, and any illustrative aid used under Rule 107 of the Arizona Rules of Evidence. Note the first -- material a court refused to admit is still retained, because the offer itself is part of the record on appeal.

Two different fates

A digital exhibit, submitted through a digital evidence portal, is deleted by the clerk without further notice. There is no claim period, because there is nothing to return; the submitting party retains their own copy.

A physical exhibit or illustrative aid gets at least 30 days' notice to the party who submitted it, so that party can claim it. If it is claimed the clerk returns it; if it is not claimed after 30 days from the notice, the clerk may dispose of it.

When the clock starts

Disposition happens only after the case is no longer subject to modification, which the rule defines precisely: no further matters remain pending and 90 days have passed after one of four events -- dismissal of all claims, entry of an appealable judgment or order, denial of a post-trial motion, or receipt of an appellate mandate affirming. Each of the first three is qualified: the clock does not run if a party files a notice of appeal, or in the second case a post-trial motion.

The 90-day buffer is deliberate. It comfortably outlasts the 25-day Rule 82 and Rule 83 deadlines and the appeal period, so exhibits survive every avenue by which the case might come back.

Frequently Asked Questions

What happens to my exhibits after the case ends?

Rule 90.1(b) has the clerk delete digital exhibits without further notice, and give at least 30 days' notice to the submitting party for physical exhibits and illustrative aids so they can be claimed. Unclaimed physical exhibits may be disposed of after 30 days from the notice.

Will I be told before a digital exhibit is deleted?

No. Rule 90.1(b)(1) says any exhibit submitted through a digital evidence portal must be deleted by the clerk without further notice.

When is a case no longer subject to modification?

Rule 90.1(c) defines it as when no further matters remain pending and 90 days after the trial court dismisses all claims, enters an appealable judgment or order, denies a post-trial motion, or receives an appellate court mandate affirming, subject to the stated exceptions for a notice of appeal or a post-trial motion.

Are exhibits that were never admitted still kept?

Yes. Rule 90.1(a)(1) has the clerk receive and maintain all exhibits offered for admission in evidence but not received, along with admitted exhibits and illustrative aids used under Rule 107 of the Arizona Rules of Evidence.

How do I get my physical exhibits back?

Rule 90.1(b)(2) requires the clerk to provide at least 30 days' notice to the party who submitted the physical exhibit or illustrative aid so that party may claim it, and to return it if claimed.

Source & verification. Rule text and Rule History reproduced verbatim from the Arizona Rules of Family Law Procedure as published by the Arizona Supreme Court, current through amendments effective January 1, 2026. Promulgated by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). Last verified September 4, 2026. · Official text

Also known as: exhibitsretention of evidencedigital exhibitillustrative aiddisposing of exhibitsevidence portal30 daysno longer subject to modification