Rule 2.10.Reclaiming exhibits, documents or property
Title I: General Administration · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 2.10 lets a party or other interested person ask the trial court to return exhibits, documents, or property used in the case once the time to appeal has run or any appeal has been resolved.
Full Text of Rule 2.10
Text size
Any party or any interested person may apply to the trial 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:
- 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 that determination, whichever is later. The trial 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.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
Trial exhibits, documents, and other property offered, admitted, or merely displayed and considered during a case do not stay with the court forever. Rule 2.10 lets any party, or any other interested person, apply to the trial court for an order returning those materials. The application cannot be filed right away; it has to wait until the time for appeal has expired, or until an appeal is decided, or, if there is a further proceeding after that appeal, until the time to appeal from that later determination has also run out, whichever comes last.
Once the timing requirement is satisfied, the trial court has broad discretion over how to grant the request. It can attach conditions it thinks appropriate, such as requiring a copy, photograph, drawing, or other reproduction of the original to stay in the file in place of the item being returned, or requiring a bond guaranteeing that the item will come back to the court if it turns out to be needed again later.
Frequently Asked Questions
When can I ask the court to return trial exhibits?
Not immediately. Rule 2.10 requires the application to wait until the time for appeal has expired, an appeal has been decided, or, if there is a later proceeding following the appeal, until the time to appeal from that determination has also expired.
Who can apply to get exhibits or property back under Rule 2.10?
Any party to the case, or any other interested person, may file the application, not only the party who originally offered the exhibit or document.
Can the court require me to leave a copy behind instead of taking back the original?
Yes. Rule 2.10 lets the trial court condition the return on substituting a copy, photograph, drawing, facsimile, or other reproduction of the original exhibit, document, or property.
What if the court might need the original item again later?
The court can require the applicant to post a bond guaranteeing that the exhibit, document, or property will be returned to the court if it is later found to be necessary.
Does Rule 2.10 cover only items formally admitted into evidence?
No. It reaches exhibits offered or admitted in evidence as well as any other documents or property that were displayed or considered in connection with the action, even if never formally admitted.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
Also known as:getting trial exhibits back idahoreturn of exhibits after appealreclaim evidence after trialidaho rule 2.10 exhibit return