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  11. Evidence FAQs

Evidence – Frequently Asked Questions

NOTE: Florida law prevents staff of the Lake County Clerk’s Office from providing legal advice. The information, forms, and documents contained on this website are provided to help those seeking to represent themselves without the assistance of an attorney and are meant to serve as a guide only.

We do not guarantee that the information provided will achieve the result you desire. If you are using the forms or documents provided on this website, you do so at your own risk.

What happens to the evidence after my court case has concluded?

A Notice of Intent to Dispose of or Destroy Exhibits, or a Petition to Dispose of Unclaimed Evidence, will be mailed to you or your attorney of record. You will have until the date listed in the notice or petition to respond with any objections to the destruction or disposal of the evidence referenced.

For non-criminal proceedings, the exhibits will, upon request, be delivered to any party or attorney of record calling for them before the date listed on the notice, with preference given to the party or attorney of record who introduced them into evidence or had them marked for identification.

For criminal proceedings, any evidence that was seized by a law enforcement agency in connection with its investigation, and for which it is entitled to by Florida Law, will be returned to the agency if it calls for the evidence before the date stated in the letter.

Florida law governs the disposition of weapons or firearms and the destruction of controlled substances or chemicals.

How can I view the evidence in my case?

The Evidence Clerk must have a written order from the Court to allow evidence to be viewed. This is necessary to protect the Clerk’s Office and the chain of custody.

How does the Clerk’s Office prevent evidence tampering?

Once the evidence has been submitted in a hearing or trial, the Clerk’s Office receives the evidence and is responsible for verifying its description, tracking it, and appropriately and securely storing it. Evidence is never left unattended when outside of secured storage, and a chain of custody is kept at all times.

Exhibits marked for identification, but not entered as evidence, are not kept or maintained by the Clerk’s Office unless ordered by the Court.

Upon conclusion of a hearing or trial, the Clerk’s Office inventories each piece of evidence, and it is securely stored until it has met its retention.

 

 
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