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Idaho Criminal Rule 41.1. Reclaiming Exhibits, Documents or Property


(a)    Items to be Reclaimed. At any time after a criminal action begins, any interested party or person may apply to the trial court for an order permitting the party or person to reclaim:


(1)    exhibits offered or admitted in evidence;

(2)    documents or property displayed or considered in connection with the action; or

(3)    any property in the possession of any department, agency or official who is holding the property in connection with the trial of the criminal action.


(b)    Conditions and Circumstances. The trial court may grant the motion on any conditions and under any circumstances it deems appropriate, including but not limited to:


(1)    the substitution of a copy, photograph, drawing, facsimile, or other reproduction of the original exhibit, document or property; or

(2)    the posting of a bond that the exhibit, document or property will be returned to the court if the court later orders its return in connection with the criminal action.


(Adopted February 22, 2017, effective July 1, 2017.)

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 G Richard Bevan
Justice Robyn M. Brody
Justice John R. Stegner
Justice Gregory W. Moeller
Justice Colleen D. Zahn

Members of the
Idaho Court of Appeals

Chief Judge Jessica M. Lorello
Judge David W. Gratton
Judge Molly J Huskey



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