(a) The clerk shall retain in his or her custody any exhibit, deposition, or administrative record introduced in the trial of a civil action or proceeding or filed in the action or proceeding until the final determination thereof or the dismissal of the action or proceeding, except that the court may order the exhibit, deposition, or administrative record returned to the respective party or parties at any time upon oral stipulation in open court or by written stipulation by the parties or for good cause shown.
§ 1952.Retention or return of exhibits, depositions, or administrative
Title 2. Of the Kinds and Degrees of Evidence · Chapter 3. Writings · Article 3. Private Writings · Last amended 1991 · Last verified July 29, 2026
In one sentenceSection 1952 requires the clerk to hold exhibits, depositions, and administrative records from a civil trial until final determination, then destroy or dispose of them 60 days later unless a party has requested preservation for up to a year.
Full Text of § 1952
(b) No exhibit or deposition shall be ordered destroyed or otherwise disposed of pursuant to this section where a party to the action or proceeding files a written notice with the court requesting the preservation of any exhibit, deposition, or administrative record for a stated time, but not to exceed one year.
(c) Upon the conclusion of the trial of a civil action or proceeding at which any exhibit or deposition has been introduced, the court shall order that the exhibit or deposition be destroyed or otherwise disposed of by the clerk. The operative destruction or disposition date shall be 60 days following final determination of the action or proceeding. Final determination includes final determination on appeal. Written notice of the order shall be sent by first-class mail to the parties by the clerk.
(d) Upon the conclusion of any posttrial hearing at which any exhibit, deposition, or administrative record has been introduced, the court shall order that the exhibit or deposition be destroyed or otherwise disposed of by the clerk. The operative date of destruction or disposition shall be 60 days following the conclusion of the hearing, or if an appeal is taken, upon final determination of the appeal. Written notice of the order shall be sent by first-class mail to the parties by the clerk.
Plain-English Summary
Once a trial ends, someone has to decide what happens to the boxes of exhibits, deposition transcripts, and administrative records sitting with the clerk. This section supplies the default answer. The clerk keeps custody of every exhibit, deposition, or administrative record introduced or filed in a civil action until the case is finally determined or dismissed, though the court can order an item returned earlier, on stipulation or for good cause.
Once the trial concludes, the court has to order destruction or disposition of anything introduced, with the destruction date set 60 days after final determination, including any determination on appeal. The clerk mails written notice of that order to the parties. The same 60-day rule applies after any posttrial hearing where an exhibit or record came in. A party who wants something preserved longer can head that off: filing a written request with the court keeps the item from being destroyed for a stated period, capped at one year.
Frequently Asked Questions
How long does the clerk hold onto trial exhibits and depositions?
Until the civil action is finally determined or dismissed, unless the court orders earlier return by stipulation or for good cause.
When does destruction of exhibits take place after a case ends?
60 days after final determination, which includes any determination on appeal.
Can a party stop the clerk from destroying an exhibit?
Yes. Filing a written notice with the court requesting preservation, for a stated period up to one year, blocks destruction of that item.
Does the same rule apply to exhibits from a posttrial hearing?
Yes. Section 1952 applies the same 60-day destruction timeline after a posttrial hearing where an exhibit, deposition, or administrative record was introduced.
Amendment History
(Added by Stats.1984, c. 27, § 2. Amended by Stats.1990, c. 382 (A.B.3408), § 1; Stats.1991, c. 1090 (A.B.1484), § 7.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
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