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Rule 3

Unless a longer time is required under Mass. R. A. P. 9(c), exhibits offered as evidence and chalks shall be retained by the recorder for three years after the trial or hearing at which they were used, subject to an order of confiscation or destruction, unless sooner delivered to the parties or counsel by whom they were presented or introduced. Unless otherwise ordered, jointly submitted exhibits will be considered to belong to the plaintiff.

If in doubt as to the party or counsel entitled to delivery, the recorder may require an agreement of parties or counsel or an order of the court before delivery. After the expiration of three years from such trial or hearing, the recorder may destroy or discard such exhibits after giving thirty days' notice to the parties, if practicable.

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