The South Carolina Petition for an Order Allowing for Disposition of the Physical Evidence or Biological Material is a legal document used when the state wishes to dispose of physical evidence or biological material that is no longer necessary in an ongoing criminal case. This petition is typically filed by the state's attorney or a representative from the law enforcement agency handling the criminal case. The petition is addressed to the court and includes a request for an order allowing the state to dispose of the physical evidence or biological material. The petition must include a detailed description of the physical evidence or biological material in question, as well as a description of why it is no longer necessary for the criminal case. There are two types of South Carolina Petition for an Order Allowing for Disposition of the Physical Evidence or Biological Material: one for disposing of physical evidence, and another for disposing of biological material. The petition for disposing of physical evidence includes a description of the type of evidence in question and why it is no longer necessary for the criminal case. The petition for disposing of biological material includes a description of the biological material in question, as well as the reason why it is no longer necessary for the criminal case. Both petitions must be signed by the state's attorney or a representative from the law enforcement agency handling the criminal case.
South Carolina Petition for an Order Allowing for Disposition of the Physical Evidence or Biological Material
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FAQ
Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its
Preservation of Evidence Requirements Section 17-28-320 requires that the evidence be preserved until the convicted person is released from incarceration, dies while incarcerated or is executed.
SECTION 15-51-10. Civil action for wrongful act causing death.
(A) The court shall order a custodian of evidence to preserve all physical evidence and biological material related to the applicant's conviction or adjudication pursuant to the provisions of Article 3, Chapter 28, Title 17.