So.....A DVD is marked States Exhibit X. It is played before the jury. The defendant is convicted and sentenced to TDC. The defendant appeals. The CofA asks for the DVD. They return it because it now doesn't work. Is there a remedy? The information that was on the DVD still exists on the PD server.

Get the PD to burn what they have to a replacement DVD, then your office and defense attorney from trial sign an affidavit (or even just a letter) stating that the DVD is an accurate reproduction.

Look at T.R.A.P. 34.6 (f),which allows a lost or destroyed exhibit to be replaced by agreement of the parties or with a copy which the trial court determines accurately duplicates with reasonable certainty the original exhibit. It would appear that this provision would allow use of a replacement DVD either by agreement or by having the trial judge find that the replacement is an accurate replacement of the original.