Whenever, in the opinion of the reviewing court, an inspection of an original exhibit not in the record on appeal is important to a correct decision of the appeal, the court may enter an order for its transmission, safekeeping, and return. The clerk of the reviewing court will receive the exhibit and hold it subject to the order.
Amended December 17, 1993, effective February 1, 1994.
Committee Comments
This is former Rule 51, but specifically limited to original exhibits; the former language was “original paper.”
Commentary
(December 17, 1993)
The rule is changed to reflect that the reviewing court, rather than the trial court, is responsible for securing exhibits the reviewing court may wish to examine on appeal.