After a judgment in a civil or probate case has become final, the physical exhibit(s) shall be claimed by the party to whom they belong. Any physical exhibit(s) not claimed and withdrawn within 60 days after judgment has become final may be destroyed or otherwise disposed of by the custodian after attorneys of record and self- represented parties appearing in the case have been given written notice by the clerk. Said notice shall be through the court's electronic notice system, or if there is no email address, by ordinary mail, postage prepaid, to the last known address as reflected in the particular file. The notice shall provide the recipient a period of 30 days after the date of said notice within which to claim the exhibit(s) pertaining to said file.
§ 6-1428.Withdrawal or destruction.
Article 14: Uniform County Court Rules of Practice and Procedure · Last amended January 1, 2022 · Last verified July 22, 2026
In one sentenceOnce a judgment in a civil or probate case becomes final, physical trial exhibits must be claimed within 60 days, and after clerk notice and a further 30-day window, unclaimed exhibits may be destroyed or otherwise disposed of.
Full Text of § 6-1428
Amendment History
Rule 28 amended September 1991. Renumbered and codified as § 6-1428, effective July 18, 2008; § 6-1428 amended June 9, 2021, effective January 1, 2022.
Plain-English Summary
Trial exhibits — documents, photographs, physical objects — pile up in a courthouse, and someone has to decide what happens to them once a case is truly over. Section 6-1428 answers that for civil and probate judgments: the owning party has 60 days after the judgment becomes final to claim and withdraw its exhibits.
If nothing is claimed in that window, the exhibits don’t disappear on their own. The custodian first has to give written notice to the attorneys of record and any self-represented parties, sent through the court’s electronic notice system or, if there’s no email address on file, by ordinary mail to the last known address in the file. That notice starts a fresh 30-day period to come claim the exhibits before the custodian can destroy or otherwise dispose of them.
For anyone who tried a case, the lesson is plain: don’t assume the courthouse will hold onto your evidence indefinitely. Once a judgment is final, the clock on retrieving exhibits — especially anything with independent value or that might matter later — starts running, and a missed notice can mean a missed exhibit.
Frequently Asked Questions
How long do I have to pick up my trial exhibits after a case ends?
Sixty days after the judgment in a civil or probate case becomes final, before the exhibits become eligible for disposal following notice.
What happens if I don’t claim my exhibits within 60 days?
The custodian may destroy or dispose of them, but only after giving written notice and allowing a further 30 days to claim them.
How will I find out that my exhibits are about to be destroyed?
The clerk sends notice through the court’s electronic notice system, or by ordinary mail to the last known address in the file if there’s no email address on record.
Does this rule apply to criminal case exhibits?
No. Section 6-1428 addresses exhibits following a final judgment in a civil or probate case.
Who is responsible for exhibits before they’re claimed or destroyed?
The custodian holding the exhibits is responsible for giving the required notice and for handling any eventual destruction or disposal.
How does this differ from the rule on judge-ordered return of exhibits?
Section 6-1428 sets the general claim-or-lose timeline after final judgment; § 6-1429 covers a trial judge’s separate power to order exhibits returned to the offering party.
Source & verification. Section text and amendment history are
reproduced verbatim from the Nebraska Judicial Branch, adopted by the
Supreme Court of Nebraska. Last verified July 22, 2026. ·
Official source
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