Part 1 · General Provisions

Rule 12.4. Withdrawing Papers

Amended January 1, 2026 (current)

(a) The clerk may permit the record or other filed item to be taken from the clerk’s office at any time, on the following conditions: the clerk must have a receipt for the record or item;

(b) the clerk should make reasonable conditions to ensure that the withdrawn record or item is preserved and returned;

(c) the clerk may demand the return of the record or item at any time;

(d) after the case is submitted to the court and before the court’s decision, the record cannot be withdrawn;

(e) after the court’s decision, the losing party must be given priority in withdrawing the record;

(f) the clerk may not allow original documents filed under Rule 34.5(f) or original exhibits filed under Rule 34.6(g) to be taken from the clerk’s office;

(g) if the court allows an original document or exhibit to be taken by a party and it is not returned, the court may accept the opposing party’s statement concerning the document’s or exhibit’s nature and contents;

(h) withdrawn material must not be removed from the court’s jurisdiction; and

(i) the court may, on the motion of any party or its own initiative, modify any of these conditions.