Rule 121.Reclaiming Exhibits, Documents or Property

Part I. General Administration · Last amended July 1, 2021 · Last verified September 4, 2026

In one sentenceRule 121 lets a party or interested person apply to reclaim exhibits and other property once the time for appeal has run.

Full Text of Rule 121

Text sizeJump to: (a) (b)

(a) Any party or any interested person may apply to the court for an order permitting return to the party of exhibits offered or admitted in evidence, or any other documents or property displayed or considered in connection with the action. The application must be filed after:

(1) the expiration of the time for appeal;

(2) the determination of an appeal; or

(3) the determination of a proceeding following an appeal and the expiration of the time for any appeal from that determination, whichever is later.

(b) The court may grant the application on conditions as it deems appropriate, including but not limited to the substitution of a copy, photograph, drawing, facsimile, or other reproduction of the original exhibit, document or property, or the posting of a bond that the exhibit, document or property will be returned to the court if the court later finds it necessary.

End

Rule History

(Adopted March 29, 2021, effective July 1, 2021.)

Plain-English Summary

Rule 121 closes Part I with the disposal of what the parties brought to court.

Who may ask, and when

Any party or any interested person may apply for an order returning exhibits offered or admitted in evidence, or any other documents or property displayed or considered in connection with the action.

The application must be filed after the latest of three points: expiration of the time for appeal; determination of an appeal; or determination of a proceeding following an appeal and the expiration of the time for any appeal from that determination. Nothing is released while the case could still come back.

Note that the right extends beyond the parties. A non-party who lent a document or an object for the proceeding can reclaim it.

What the court can require

The court may grant the application on such conditions as it deems appropriate — including substituting a copy, photograph, drawing, facsimile or other reproduction of the original, or requiring a bond that the item will be returned to the court if it later proves necessary.

The record is preserved either way: what leaves is the physical thing, and what stays is either a reproduction of it or security for its return.

Frequently Asked Questions

When can I get my exhibits back?

Rule 121(a) allows the application after the latest of the expiration of the time for appeal, the determination of an appeal, or the determination of a proceeding following an appeal and the expiration of the time for any appeal from it.

Can someone who is not a party reclaim property?

Yes. Rule 121(a) allows any party or any interested person to apply.

Will the court keep a copy?

It may require one. Rule 121(b) allows the court to grant the application on conditions including the substitution of a copy, photograph, drawing, facsimile or other reproduction of the original.

Can I be required to return the item later?

Rule 121(b) allows the court to require the posting of a bond that the exhibit, document or property will be returned to the court if the court later finds it necessary.

Source & verification. Rule text and Rule History reproduced verbatim from the Idaho Rules of Family Law Procedure as published by the Idaho Supreme Court, current through amendments effective July 1, 2026. Promulgated by the Supreme Court of Idaho (Idaho Const. art. V, sec. 25). Last verified September 4, 2026. · Official text

Also known as: reclaiming exhibitsreturning exhibitspropertydocumentsafter appealbond