Close
Clerk
Handbooks
Municipal Clerk Manual Courts without JIS
Section/Rule:
5.2
Subject:
Chapter 5 - Record Keeping Procedures
Publication / Adopted Date:
February 1992
Topic:
Records Retention and Destruction
Revised / Effective Date:
April 2019
Municipal Clerk Handbook
Courts without JIS
Chapter Five Record Keeping Procedures
5.2 Records Retention and Destruction
References
Statutes:
Chapter
610
Supreme Court Rules: N/A
Court Operating Rules:
8
Publication Date: February 1992
Revised: April 2019
Introduction
Missouri Supreme Court Operating Rule 8 (COR
8
)
was promulgated to establish a retention/destruction schedule for court records. The Rule identifies the records eligible for destruction, the retention schedule for court records, and
procedures courts must follow prior to destroying court records.
Court Operating Rule
8
c
an be found in Appendix F of this handbook.
This section describes procedures that must be followed to destroy records and to assist municipal divisions with addressing the problems of overcrowding and records storage.
Clerk's Duties/Procedures
Recommended Procedures for Destruction of Court Records That Meet the Retention Schedule
1. Identify disposed case records eligible for destruction.
1.1 Identify records which meet the retention schedule of
COR
8.04
.
Note:
The following OSCA Reports may be used to help identify records which meet the retention schedule of
COR
8
.
(See
OSCA Reports Topics
in GOLD)
Run the Duplicate A and D report to identify cases with duplicate disposition codes. Correct any cases with duplicate codes.
Run either the Dispositions Report or the Dispositions Report by Case Type to determine the case disposition date.
1.2 Separate records open for public inspection from confidential records; i.e., records closed under
chapters
577
and
610
, RSMo
or expunged cases.
2. Request an order of destruction from the presiding judge of the circuit.
2.1 Submit a completed
GN14 Order of Destruction of Confidential Records
or
GN15 Order of Destruction
form
to the presiding judge for signature. The forms are provided at the end of this section.
2.2 Make and keep copies of the completed forms and forward the originals to the presiding judge. (Local court rule or practice may dictate that the paperwork be forwarded elsewhere).
3. Upon receipt of the signed order, destroy the records.
3.1 Carry out destruction procedure as directed by the presiding judge's order.
Note:
Confidential records must be destroyed by burning or shredding.
3.2 File the signed destruction orders in a secure location.
Microfilm Guidelines
The Local Records Preservation Program, a division of the Missouri State Archives, promotes records management through the appropriate use of microfilm. Guidelines have been prepared to help local officials ensure their microfilm meets the necessary criteria to be a permanent and useful replacement for paper records. The guidelines are available on the Secretary of States website at:
www.sos.mo.gov/archives/pubs/mfmg/
Note:
It is not recommended that records with a retention schedule of less than 20 years be microfilmed. If Municipal records are microfilmed, then use the procedure below to destroy the paper files.
Recommended Procedures for Destruction of Court Records That Have Been Microfilmed
Note:
As soon as paper records are reduced to microfilm, the paper records may be destroyed upon receipt of the signed order from the presiding judge.
1. Identify disposed microfilmed case records eligible for destruction.
1.1 Identify records which do not meet the retention schedule of
COR
8.04
but have been microfilmed.
1.2 Separate records open for public inspection from confidential records; i.e., records closed under chapters
577
and
610
, RSMo or expunged cases.
2. Request an order of destruction from the presiding judge of the circuit.
2.1 Submit a completed
GN14 Order of Destruction of Confidential Records
or
GN15 Order of Destruction
form
to the presiding judge for signature. The forms are provided at the end of this section.
2.2 Make and keep copies of the completed forms and forward the originals to the presiding judge. (Local court rule or practice may dictate that the paperwork be forwarded elsewhere).
3. Upon receipt of the signed order from the presiding judge, destroy the records.
3.1 Carry out destruction procedure as directed by the presiding judge's order.
Note:
Confidential records must be destroyed by burning or shredding.
3.2 File the signed destruction orders in a secure location.
General Reminders for
COR
8.03
Procedures
1. Only disposed cases are eligible for destruction. Cases are considered disposed:
§
upon acquittal, dismissal or nolle prosequi, or after sentencing upon a plea of guilty or finding of guilt; and
§
when the time for an appeal or application for trial de novo has expired and no appeal or application has been made; or
§
if an appeal has been made, when the mandate or dispositional order of the appellate court has been filed in the circuit court; or
§
if an application for trial de novo has been filed, when the dispositional order has been filed in the municipal or associate division where the case originated.
A case is not considered disposed if there is an outstanding warrant or if the case is in an inactive status.
2. No records may be destroyed unless all the requirements of
COR
8
are met.
3. Records closed under chapters
577
and
610
, RSMo and expunged records must be destroyed either by burning or by shredding. The order of destruction shall designate the method of destruction.
4. Only the presiding judge of the circuit may order the destruction of court records.
Forms
GN13 Notice of Intent to Transfer Case Records to Missouri State Archives
GN14 Order of Destruction of Confidential Records
GN15 Order of Destruction
GN16 Order of Transfer of Case Records to Missouri State Archives