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.
Rule 80.1.Retention and Disposition of Evidence and Illustrative Aids.
Last verified July 1, 2026
In one sentenceRule 80.1 tells the clerk how long to keep trial exhibits and illustrative aids and when it may dispose of them once a case is no longer subject to modification.
Full Text of Rule 80.1
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.
Amendment History
Added by R-25-0044 on an emergency basis and made permanent effective January 1, 2026.
Plain-English Summary
The clerk keeps every exhibit offered in evidence, whether or not it was ultimately admitted, along with any illustrative aid used under the evidence rules. Once a case is no longer subject to modification, the clerk can delete any exhibit submitted through a digital evidence portal without further notice, but for a physical exhibit or illustrative aid, the clerk must give the party that submitted it at least 30 days' notice to claim it back; if nobody claims it within that window, the clerk may dispose of it.
A case becomes “no longer subject to modification” once nothing remains pending and 90 days have passed since one of several triggering events: the trial court dismisses all claims without an appeal, an appealable judgment or order is entered without an appeal or post-trial motion following, a post-trial motion is denied without an appeal from that denial, or the trial court receives an appellate mandate affirming the case. Until one of those milestones is reached and the 90-day window runs, the clerk keeps the exhibits and illustrative aids in place.
Frequently Asked Questions
How long does the clerk keep trial exhibits after a case ends?
Until the case is no longer subject to modification — generally 90 days after a final dismissal, judgment, denied post-trial motion, or appellate mandate, without any further appeal.
Does the clerk have to notify me before disposing of my exhibits?
For a digital exhibit, no notice is required. For a physical exhibit or illustrative aid, the clerk must give you at least 30 days' notice to claim it.
What happens if I don't claim my physical exhibit after getting notice?
The clerk may dispose of it once the 30-day notice period has passed without a claim.
Source & verification. The rule text and History are reproduced verbatim from the
official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 80.1). Prescribed by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: exhibit retention ruledisposition of evidence rule