a. Discretionary Disposition. Unless the law establishes evidentiary retention requirements, the prosecutor or a law enforcement agency may, at any time, dispose of any item, or any part or portion thereof, seized or otherwise obtained for use in a criminal prosecution, in accordance with the procedures established by law and by this rule.
b. Mandatory Disposition. Unless otherwise prescribed by law, the prosecutor or law enforcement agency shall dispose of such items within 30 days after the case of each person against whom the item could be used as evidence is no longer “subject to modification” under Rule 28.1(b).
c. Manner of Disposition. Items shall be returned to the seizing or acquiring agency for disposition. Where private possession of the item is not illegal or otherwise proscribed by law, it shall be returned to the legal owner unless the owner's whereabouts are unknown, or the owner is unwilling to accept it. When such return is not possible, the item shall be sold or otherwise disposed of in the manner prescribed by law.
d. Notice of Disposal. Before disposing of any item or part thereof under Rule 28.2(a) or (b), the law enforcement agency shall notify the prosecutor and the Office of the Attorney General, who may:
(1) Cause it to be photographed, reproduced, or otherwise identified in any manner;
(2) Transcribe all serial numbers, identification numbers or other identifying markings;
(3) Prepare, or have prepared by an expert, a report identifying the item.
Such record shall be certified by the persons preparing it.
e. Notice of Disposal. At least 10 days prior to disposing of an item under this rule, the person or agency shall serve a notice of disposal, together with a copy of any record of disposal made under subsection (c), to any person, and his or her counsel, against whom the item has been or may be used as evidence. Within 10 days thereafter, such person may request a stay of disposal until after trial or request to examine, test or analyze or otherwise make his or her own record of the item. The prosecutor may impose any reasonable conditions on such examination, testing or analysis, including an appropriate stipulation concerning chain of title.
f. Stay of Disposal. A court having jurisdiction of the case may, on request of any party or on its own initiative, stay disposal of any item for a reasonable time.
g. Use of Record of Disposal. All records of disposal made under this rule shall be admissible at any later court proceeding for any purpose for which the item itself would be admissible.