(Posted this in the criminal link and thought would give it a shot here.)


One of our Police Departments contacted us w/a question about authority to sign off on Destruction Orders.

Question is can they have the Motion to Destroy Evidence signed by the Local Municipal Court Judge (which is a court of record) or do they have to bring it over to the District/County Court At Law Judge that heard the case? The Muni. is right next door and the County Courthouse is a nice drive over.
He's asking about items from cases which have been disposed of thru plea bargains, etc. Also, not talking about Biological evidence.
Our feeling is that if the case was never filed, then shouldn't be a problem, but if it was, then can it be done?

In a related issue, they have some stuff from back in 98 that was damaged in the flood. Evidence and records. Evidently, they have some evidence items that lost the tags, etc. so they don't have a way to tie them to cases, many if not most have likely been disposed of. Any rec.s of what to do with/how to dispose of?