Part 1 — .2
9.7 Exhibits
the Court and the party on whose behalf the exhibits were put into
evidence has not made an application to the Court for the return of
the exhibits
(a) within 6 months from the conclusion of the proceeding in
respect of which the exhibits were put into evidence, or
(b) in the case of an appeal from the judgment or direction of
the Court, within 6 months from the conclusion of the
appeal,
a clerk may notify that party that unless within 3 months from a
date specified in the notice that party applies to the clerk for the
return of the exhibits the clerk may destroy or otherwise dispose of
the exhibits.
(2) If a party who was given a notice by a clerk under subsection
(1) does not apply for the return of the exhibits within the time
period specified in the notice, the clerk may destroy or otherwise
dispose of the exhibits.
(3) Notwithstanding subsection (1) or (2), where
(a) requested to do so by a pa rty to the proceedings, the clerk
may retain possession or control of the exhibits for a further
period of time that appears appropriate to the clerk, or as
otherwise directed by the Court, or
(b) directed to do so by the C ourt, the clerk shall retain
possession or control of the exhibits as directed by the
Court.
(4) Notwithstanding subsections (1), (2) and (3), the clerk may,
unless otherwise directed by the Court, at any time after
(a) the expiration of the appeal period, or
(b) the disposition of the appeal,
as the case may be, return the exhibits to the party on whose behalf
the exhibits were put into evidence at the proceeding before the
Court.
(5) Notwithstanding anything in this section, a clerk at any time
may, where permitted by the Court and subject to any directions by
the Court, return or otherwise dispose of any exhibit that is in the
possession or control of the Court.
RSA 2000
(6) This section,
(a) in respect of proceedings bef ore the Court that are governed
under another enactment, applies subject to any provisions
of that enactment respecting exhibits, and
(b) does not apply in resp ect of proceedings under the Criminal
Code (Canada).
RSA 2000 c16(Supp) s6