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Idaho Criminal Rule 41.1. Reclaiming Exhibits - Documents or Property.

At any time after the commencement of a criminal action, any interested party or person may apply to the trial court for an order permitting a reclamation by such party or person of exhibits offered or admitted in evidence, documents or property displayed or considered in connection with the action, or any property in the possession of any department, agency or official who is holding such property in connection with the trial of the criminal action. The trial court in its discretion may grant such an order on such conditions and under such circumstances 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 orders that such exhibit, document or property be returned to the court for any purpose in connection with the criminal action. 


(Adopted December 27, 1979, effective July 1, 1980.)


As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.


Members of the
Idaho Supreme Court

Chief Justice Roger S. Burdick
Justice Daniel T. Eismann
Justice Warren E. Jones
Justice Joel D. Horton
Justice Robyn M. Brody

Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Sergio A. Gutierrez
Judge John M. Melanson
Judge Molly J. Huskey



Promoting Openness In The Courts
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