Rule 28.1. Duties of Clerk

(a) Retention of Records and Evidence The clerk receives and maintains illustrative aids used under Rule 107 of the Arizona Rules of Evidence and all court filings and evidence in criminal cases, including:

(1) exhibits offered for admission in evidence but not received in evidence; and

(2) exhibits admitted in evidence.

(b) Disposition of Certain Records

(1) Generally When a case is no longer subject to modification, the clerk must dispose of certain records under retention and disposition schedules established by the Supreme Court.

(2) Definition of “Subject to Modification ”A criminal case is no longer “subject to modification” when a defendant is acquitted on all charges. Absent an acquittal on all charges, a criminal case is no longer “subject to modification:”

(A) one year after exhausting all state court remedies, if the defendant did not file a petition for a writ of habeas corpus in federal court, or

(B) 90 days after a decision on the first petition for a writ of habeas corpus in federal court, if the defendant filed one.

(3) Definition of “All State Court Remedies Are Exhausted ”All state court remedies are exhausted 90 days after:

(A) the trial court dismisses, with or without prejudice, the charges against the defendant, unless a party files a notice of appeal;

(B) the entry of judgment and sentence, unless a party files a notice of appeal, a post-trial motion or, when the defendant enters a guilty plea that is accepted, a timely notice requesting post-conviction relief under Rule 33;

(C) the trial court denies a post-trial motion, unless a party files a notice of appeal from that denial of that motion;

(D) the trial court receives an appellate court mandate affirming, unless the defendant files a timely notice requesting post-conviction relief under Rule 32; or

(E) the final resolution of the first timely Rule 32 or 33 petition for post-conviction relief.

(c) Certified Reporter Notes Certified reporters' notes must be retained under retention and destruction schedules established by the Supreme Court.