Retreiving Court Exhibits - Court Services - Ministry of Attorney General

Retrieving Court Exhibits

If you own items of personal property that have been used as exhibits in a court proceeding, you or your counsel may retrieve those items in person from the court registry once they are no longer required by the court.

When can I retrieve my court exhibits?

Normally, the registry or police keep your property until the appeal period for the case is over. In most cases, you must contact the registry after the appeal period to arrange for the return of your property.

The appeal periods are:

Supreme (Civil and Criminal), Provincial Criminal, Youth and Traffic matters	30 days
Small Claims	40 days
Provincial Family (Family Relations Act and Adult Guardianship Act)	40 days
Provincial Family (Child, Family, and Community Service Act and Family Maintenance Enforcement Act)	30 days
Interjurisdictional Support Orders Act matters	90 days
Appeals to the Supreme Court of Canada matters (not including the month of July)	60 days

If an appeal has been filed, the registry must keep the exhibits until the results of the appeal are known.

How can I retrieve court exhibits AFTER the appeal period?

If an appeal has not been filed by any party, you may claim an exhibit after the appeal period has passed by contacting the registry/exhibit clerk for an appointment. You will be asked for identification when you come to retrieve your exhibit.

What if I am unable to retrieve my property in person?

If extraordinary circumstances prevent you from retrieving your exhibit in person, you must give the person you designate to pick up your exhibit written authorization to receive the exhibit. Authorization may be in the form of a letter, a fax, or an e-mail message. Other options are to have the exhibits transferred to a court location closer to where you live, or to have them sent to you by courier or mail.

How can I retrieve my property BEFORE the end of the appeal period?

In criminal cases, exhibits will not be returned before the appeal period has expired unless Crown counsel and counsel for the accused (or the accused, if the accused is unrepresented) agree in writing that no appeal will be filed and the exhibits are to be released immediately.

In civil cases, the parties may also agree in writing that no appeal will be filed and the exhibits are to be released immediately.

In both criminal and civil cases, the court may make an order that you be allowed to retrieve your property immediately following the court proceedings. You must request such an order from the court immediately after your case is heard. Your property may then be returned to you.

What if my items were not used in court?

If police collected items of your personal property but did not use them as exhibits in court, you must arrange for their return directly with the police.

How long will the registry hold court exhibits for retrieval?

If you do not ask for your exhibits to be returned, or claim your exhibits, the registry will hold your property for one year after the completion of the case. After that the registry will dispose of the property.

If you do not want your exhibits to be returned, you may give the registry written authorization (a letter, fax or e-mail message) to dispose of your exhibits after the appeal period has expired.

What if there is an appeal?

In criminal cases, the lawyers will look after ensuring that the exhibits are held by the court registry for the appeal.

In civil cases, you need to notify the registry/exhibit clerk to ensure the exhibits are held for the appeal.

If you file a Family or Small Claims appeal at Supreme Court you MUST file a copy of the Notice of Appeal with the Provincial Court on the same day. The Provincial Court file and exhibits for your case will be delivered or made available to the Supreme Court.

Are there exhibits that the court may not release?

Firearms - The investigating police department completes the procedures for releasing a firearm.

Original Wills - Original wills cannot be returned and must remain on the court file.

Please Note:

This site provides general information only. It is not a legal document and does not contain legal advice. The relevant statutes and regulations should be consulted for all purposes of interpreting and applying the law.

Please feel free to distribute this information wherever you think it might be useful.