Rule 6.120.Disposition of Exhibits
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 6.120
Plain-English Summary
The default is return. Unless the court orders otherwise, and except as ORS 133.707 and ORS 419A.255(1)(a) provide, all exhibits go back to the attorney for the submitting party when the trial or hearing ends. That attorney signs an acknowledgment of receipt and then must keep custody and control until the case reaches final disposition. Exhibits from parties who are not represented by an attorney, both documentary and nondocumentary, stay with the trial court instead.
An appeal pulls exhibits back. Once any party files a notice of appeal, the trial court administrator promptly notifies all attorneys that they must return every documentary exhibit in their custody to the trial court within 21 days of receiving the request, and the attorneys are required to comply. The trial court then transmits those exhibits to the appellate court when the appellate court asks, under ORAP 3.25. Nondocumentary exhibits move on a separate track: only when an appellate court requests them does the trial court notify whoever holds them, and that party must resubmit the designated exhibits for transmittal.
Exhibits that stayed with the court have their own clock. They are retained until the appeal period has elapsed and the case is finally disposed of. After that, the parties of record receive notice that unless they withdraw their exhibits within 30 days, the court will dispose of them. Nothing stops a party from asking for release or return earlier, and exhibits in the court's custody may not leave the trial court administrator's control except by stipulation or court order.
Two points close the rule. It defines documentary exhibits to include text documents, photos and maps if they are not oversized, and audio and video recordings, with oversized meaning larger than standard letter or legal size. And it carves juvenile cases out entirely: exhibits there follow UTCR 11.120 and are exempt from this rule.
Frequently Asked Questions
Who keeps the exhibits after an Oregon trial?
The attorney for the submitting party, in most cases. Exhibits are returned to that attorney at the conclusion of the trial or hearing, the attorney signs an acknowledgment of receipt, and the attorney holds them until final disposition of the case. Exhibits submitted by parties without an attorney are retained by the trial court.
What do I do with exhibits once a notice of appeal is filed?
Return the documentary ones. The trial court administrator notifies all attorneys, and every documentary exhibit in an attorney's custody must come back to the trial court within 21 days of receiving that request. Nondocumentary exhibits come back only when an appellate court asks for them, at which point the party holding them must resubmit the designated items.
What counts as a documentary exhibit?
Text documents, photos and maps that are not oversized, and audio and video recordings. An oversized document is one larger than standard letter size or legal size, and an oversized map or photo falls outside the definition.
How long does the court hold exhibits before disposing of them?
Exhibits the court kept are retained until the appeal period has elapsed and the case is finally disposed of. The parties of record then get a notice giving them 30 days to withdraw their exhibits, after which the court disposes of them.
Can I get an exhibit back before those deadlines?
Yes. The rule preserves the right of parties to seek the release or return of exhibits before the times it specifies. Bear in mind that exhibits in the court's custody cannot leave the trial court administrator's control except by stipulation or by order of the court.