First, let’s look at the definition of an exhibit. According to Black’s Law Dictionary, an exhibit is “a document, record, or other tangible object formally introduced as evidence in court,” or “a document attached to and made part of a pleading, motion, contract or other instrument.” So, exhibits may be physical objects or documents, and the purpose of exhibits is to provide evidence in support of one party’s argument in a court proceeding.

The definitions of state and local government records in the Texas statutes specify that records are recorded information that document the transaction of public business. So, government records would not be physical objects and the purpose of a government record, generally speaking, is to show what occurred at a government entity.

Comparing these two definitions, it would follow that items submitted as evidence or exhibits in court proceedings would not be deemed government records because the purpose and function of exhibits is different than that of government records. That said, sometimes a document can meet both definitions. For example, a witness statement collected by a local police department may be a local government record because it documents the investigative practice of the local police and a copy of that statement may be an exhibit if it is later submitted as evidence in a court proceeding. This blog post will focus on exhibits that are formally introduced in court.

If exhibits are not records, who can answer questions about them?

When we in the Records Management Assistance Unit get questions about exhibits, we typically direct the inquirer to the Office of Court Administration (OCA), which is a state agency that operates under the Supreme Court of Texas and is tasked with providing resources and information for the efficient administration of the judicial branch in our state. OCA assists with everything from IT support and financial services to training and court interpreters. Their contact page has general information and links to the certification commission and the forensic science commission.

Where can I find the rules for disposing of exhibits?

When we are asked this question, we point to what we have found to be the most up-to-date and authoritative sources: the Code of Criminal Procedure, Article 2A.155; Texas Rules of Civil Procedure, Rule 14b; and Texas Rules of Evidence. Additionally, TSLAC publishes guidance in the retention notes of Local Schedule CC and Local Schedule DC; we have series on the schedule that speak to exhibit retention. The series are not intended to indicate that these are records. Rather, they are there to point readers in the right direction, which is why they point back to the retention notes prefacing the applicable sections.

What kind of exhibits cannot be destroyed?

According to Texas Code of Criminal Procedure, Article 2A.155(a)(1), firearms and contraband cannot be destroyed. In these cases, the court reporter has the responsibility to transfer the firearm or contraband for safekeeping to the sheriff’s office of the county, or, in a county with a population of 500,000 residents or more, to the law enforcement office that originally collected, seized, took possession of, or produced the firearm or contraband. One also cannot destroy an exhibit that has been ordered by the court to be returned to its owner or an exhibit that is responsive to another pending criminal action.

I’m a new district or county clerk. Are there resources that can help me?

OCA has a comprehensive page dedicated to district and county clerk resources, with everything from memos and notices to reporting requirements to information about collecting fees. Of special interest may be the District Clerk Manual, 2023 Edition and the County Clerk Manual, 2023 Edition.