The Attorney General of Texas 

October 17, 1979 

MARK WHITE 

Attorney General 

Honorable Joe Resweber 

Harris County Attorney 

1001 Preston, Suite 634 

Houston, Texas 77002 

Dear Mr. Resweber: 

Opinion No. KW- 7 1 

Re: Duty of district clerk to file 

exhibits in criminal proceedings. 

You ask if the district clerk of Harris County is required to file 

exhibits received in evidence during criminal proceedings in the same 

manner as those received during civil proceedings. 

The Texas Rules of Civil Procedure provide: 

The court reporter or stenographer shall file with the 

clerk of the court all exhibits which were admitted in 

evidence or tendered on bill of exception during the 

coume of any hearing, proceeding or trial. 

Tex. R. Civ. Proc. rule 75a. 

The Texas Code of Criminal Procedure now provides: 

Each clerk of the district or county court shall 

receive and file all papers and exhibits in respect to 

criminal proceedings.. . . 

Code Crim. Proc. art. 2.21, as amended by Acts 1979, 66th Leg., ch. R9, at 

212. 

These provisions assign district clerks the ministerial duty to file 

exhibits in both civil and criminal proceedings. It is well settled that 

district clerks may be assigned additional duties by proper authority. Carter 

v. Missouri, K & T Ry. Co of Texas, 157 S.W. 1169 

12 S.W. 610 (Tex. 1669). See Tex. Const. art. V, S 9; 

Tex. Jur.2d Clerks of Courts SS 10 - 12 at 143. 

In our opinion the district clerk is now required to file exhibits 

received in evidence in criminal proceedings as well as those received in 

civil proceedings. Where any firearm or contraband is received by the clerk 

P. 218 
Honorable Joe Resweber - Page TWO (NW-71) 

as sn exhibit in a criminal proceeding, he has the option of placing it in the hands of the 

sheriff for safekeeping. Code Crim. Proc. art. 2.21(b). Under rule 75b(b) of the Rules of 

Civil Procedure, exhibits may be withdrawn won certain conditions by the court reporter 

or stenographer without a court order, but we believe the Code of Criminal Procedure 

contemplates that in all instances other than the placement of exhibits with the sheriff 

for safekeeping, the clerk is to retain possession of the exhibits at all times and release 

them only to the person or persons authorized by the court in which such exhibits have 

been received. The statute pub the sheriff, when acting as safekeeper of exhibits, under 

the same duty. See Code Crim. Proc. arts. 18.19 (seized weapons), 16.18 (contraband). Cf. 

Tex. R. Civ. ProcTule 14b (motion for disposition of exhibits); Code Crim. Proc. art. 38Tbz 

(applicability of civil rules); Attorney General Opinion C-177 (1963) (access to records of 

criminal proceedings). 

SUMMARY 

The district clerk is required to file exhibits received in evidence 

during criminal proceedings as well as those received during civil 

proc&dings. - - 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

TED L. HARTLEY 

Executive Assistant Attorney General 

Prepared by Bruce Y oungblood 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

C. Robert Heath, Chairman 

Jim Allison 

David B. Brooks 

Tom Bullington 

Walter Davis 

Susan Garrison 

Rick Gilpin 

William G Reid 

Bruce Youngblood 

MARK WHITE 

Attorney General of Texas 

p. 219