Supreme Court of Missouri
en banc
May 11, 2018
Effective July 1, 2018
Effective July 1, 2018
In re:
Repeal of Court Operating Rule 8, consisting of subdivision 8.01, entitled "Uniform Retention, Transfer and Destruction System;" subdivision 8.02, entitled "Definitions;" subdivision 8.03, entitled "Records Retention, Transfer and Destruction Procedures;" subdivision 8.04, entitled "Records Retention and Destruction Schedule;" and the addendum thereto entitled "Microfilming Guidelines for Missouri Courts," and in lieu thereof adoption of a new Court Operating Rule 8, consisting of a new subdivision 8.01, entitled "Uniform Retention, Transfer and Destruction System;" a new subdivision 8.02, entitled "Definitions;" a new subdivision 8.03, entitled "Records Retention, Transfer, Preservation and Destruction Procedures;" a new subdivision 8.04, entitled "Records Retention and Destruction Schedule;" inclusive, with a new addendum entitled "Microfilming Guidelines for Missouri Courts."
ORDER
1. It is ordered that effective July 1, 2018, Court Operating Rule 8, consisting of subdivision 8.01, subdivision 8.02, subdivision 8.03, subdivision 8.04, and the addendum thereto, be and the same are hereby repealed and a new Court Operating Rule 8, consisting of a new subdivision 8.01, a new subdivision 8.02, a new subdivision 8.03, a new subdivision 8.04, and a new addendum thereto, adopted in lieu thereof to read as follows:
COURT OPERATING RULE 8
COURT OPERATING RULE 8.01 – UNIFORM RETENTION, TRANSFER AND DESTRUCTION SYSTEM
(a) This Court Operating Rule (COR) 8 shall apply to all records not transferred, destroyed, or offered for transfer prior to January 1, 2010.
(b) There shall be a uniform system for the retention, transfer and destruction of records of the courts in the State of Missouri. The system shall apply regardless of the format of the records.
(c) All records that have met their retention schedules may be transferred or destroyed in accordance with this COR 8.
(d) The retention periods listed within this COR are minimum periods of retention.
(e) Confidential records for any division of the circuit court, including the municipal division, shall not be transferred to the Missouri State Archives, or to county, city, or regional archival associations, museum associations or similar organizations for preservation and availability for genealogical or other study.
COURT OPERATING RULE 8.02 – DEFINITIONS
(a) Confidential Records. Such records include:
(1) Case records that are closed to the public under chapters 577 and 610, RSMo;
(2) Mental health records under chapters 630, 631 and 632, RSMo;
(3) Records pertaining to sexually violent predators, required to be sealed under section 632.513, RSMo;
(4) Juvenile division records under section 211.321, RSMo, and Rules 122.02 and 122.04;
(5) Adoption records under section 453.120, RSMo;
(6) All papers and records, other than the interlocutory or final judgment, in paternity cases under section 210.846, RSMo;
(7) Records of any grand jury proceedings under chapter 540, RSMo;
(8) No true bills;
(9) Criminal psychiatric evaluations under section 552.020.13, RSMo;
(10) Pre-sentence investigations and probation and parole reports under Rule 29.07;
(11) Treatment court division records treated confidentially by statute or federal regulation;
(12) Motions, court orders, and test results for sexually transmitted diseases that are required to be sealed under section 545.940, RSMo;
(13) Jury questionnaires maintained by the court in criminal cases under Rule 27.09;
(14) Information that identifies a person as an applicant or recipient of IV-D services under sections 454.440 and 208.120, RSMo;
(15) Search warrant until the warrant is returned or expires;
(16) Filing information sheets under COR 4.07;
(17) Information that identifies a person as a victim of a sexual offense under section 595.226, RSMo; or
(18) Any other record sealed or closed by statute, rule or order of a court of record for good cause shown.
(2) Mental health records under chapters 630, 631 and 632, RSMo;
(3) Records pertaining to sexually violent predators, required to be sealed under section 632.513, RSMo;
(4) Juvenile division records under section 211.321, RSMo, and Rules 122.02 and 122.04;
(5) Adoption records under section 453.120, RSMo;
(6) All papers and records, other than the interlocutory or final judgment, in paternity cases under section 210.846, RSMo;
(7) Records of any grand jury proceedings under chapter 540, RSMo;
(8) No true bills;
(9) Criminal psychiatric evaluations under section 552.020.13, RSMo;
(10) Pre-sentence investigations and probation and parole reports under Rule 29.07;
(11) Treatment court division records treated confidentially by statute or federal regulation;
(12) Motions, court orders, and test results for sexually transmitted diseases that are required to be sealed under section 545.940, RSMo;
(13) Jury questionnaires maintained by the court in criminal cases under Rule 27.09;
(14) Information that identifies a person as an applicant or recipient of IV-D services under sections 454.440 and 208.120, RSMo;
(15) Search warrant until the warrant is returned or expires;
(16) Filing information sheets under COR 4.07;
(17) Information that identifies a person as a victim of a sexual offense under section 595.226, RSMo; or
(18) Any other record sealed or closed by statute, rule or order of a court of record for good cause shown.
(b) Custodian of Records. The custodian of records is presumed to be the clerk of the court; however, the custodian may be specifically designated by local court rule or by the appointing authority of the office in which such records originated (e.g., juvenile office, drug or treatment court).
(c) Destruction or Destroy. To render illegible by any method.
(d) Disposed Cases.
(1) Appellate cases are considered disposed upon a mandate being issued or upon entry of a written order dismissing the case.
(2) Civil cases are considered disposed when the case is voluntarily dismissed under Rule 67.02 or a final judgment is entered. A judgment is considered final:
(3) Criminal cases are considered disposed upon acquittal, dismissal or nolle prosequi, or after sentencing upon a plea of guilty or finding of guilt; and
(4) Domestic relations cases are considered disposed when the case is voluntarily dismissed under Rule 67.02 or a final judgment is entered. A judgment is considered final:
(5) Status offense, delinquency, and abuse and neglect cases are considered disposed when the jurisdiction of the juvenile division terminates. Unless terminated sooner by the court, jurisdiction terminates as a matter of law at age 21. Adoption and termination of parental rights cases are considered disposed when final judgment is entered. A judgment is considered final:
(6) Municipal/county ordinance cases are considered disposed upon acquittal, dismissal or nolle prosequi, or after sentencing upon a plea of guilty or finding of guilt; and
(7) Probate cases are considered disposed as follows:
(8) Treatment court cases are considered disposed at the time of graduation, termination, administrative discharge, death, voluntary withdrawal or dismissal of the participant.
(2) Civil cases are considered disposed when the case is voluntarily dismissed under Rule 67.02 or a final judgment is entered. A judgment is considered final:
(A) when the time for appeal has expired and no appeal has been made; or
(B) if an appeal has been made, when the mandate or dispositional order of the appellate court has been filed in the circuit court.
(B) if an appeal has been made, when the mandate or dispositional order of the appellate court has been filed in the circuit court.
(3) Criminal cases are considered disposed upon acquittal, dismissal or nolle prosequi, or after sentencing upon a plea of guilty or finding of guilt; and
(A) when the time for appeal has expired and no appeal has been made; or
(B) if an appeal has been made, when the mandate or dispositional order of the appellate court has been filed in the circuit court.
(B) if an appeal has been made, when the mandate or dispositional order of the appellate court has been filed in the circuit court.
(4) Domestic relations cases are considered disposed when the case is voluntarily dismissed under Rule 67.02 or a final judgment is entered. A judgment is considered final:
(A) when the time for appeal has expired and no appeal has been made; or
(B) if an appeal has been made, when the mandate or dispositional order of the appellate court has been filed in the circuit court.
(B) if an appeal has been made, when the mandate or dispositional order of the appellate court has been filed in the circuit court.
(5) Status offense, delinquency, and abuse and neglect cases are considered disposed when the jurisdiction of the juvenile division terminates. Unless terminated sooner by the court, jurisdiction terminates as a matter of law at age 21. Adoption and termination of parental rights cases are considered disposed when final judgment is entered. A judgment is considered final:
(A) when the time for appeal has expired and no appeal has been made; or
(B) if an appeal has been made, when the mandate or dispositional order of the appellate court has been filed in the circuit court.
(B) if an appeal has been made, when the mandate or dispositional order of the appellate court has been filed in the circuit court.
(6) Municipal/county ordinance cases are considered disposed upon acquittal, dismissal or nolle prosequi, or after sentencing upon a plea of guilty or finding of guilt; and
(A) when the time for an appeal or application for trial de novo has expired and no appeal or application has been made; or
(B) if an appeal has been made, when the mandate or dispositional order of the appellate court has been filed in the circuit court; or
(C) 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.
(B) if an appeal has been made, when the mandate or dispositional order of the appellate court has been filed in the circuit court; or
(C) 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.
(7) Probate cases are considered disposed as follows:
(A) Abbreviated matters under chapter 473, RSMo, are considered disposed when the order is entered.
(B) Decedents' estates, guardianships, and conservatorships are considered disposed when the personal representative, guardian, or conservator is discharged.
(C) Trust case files and all other probate proceedings are considered disposed when the case is voluntarily dismissed under Rule 67.02 or a final judgment is entered. A judgment is considered final:
(D) Involuntary civil commitment cases are considered disposed when the order of commitment, or any extension thereof, is entered.
(E) Sexually violent predator cases are considered disposed when the individual is unconditionally released or deceased.
(B) Decedents' estates, guardianships, and conservatorships are considered disposed when the personal representative, guardian, or conservator is discharged.
(C) Trust case files and all other probate proceedings are considered disposed when the case is voluntarily dismissed under Rule 67.02 or a final judgment is entered. A judgment is considered final:
(i) when the time for appeal has expired and no appeal has been made; or
(ii) if an appeal has been made, when the mandate or dispositional order of the appellate court has been filed in the circuit court.
(ii) if an appeal has been made, when the mandate or dispositional order of the appellate court has been filed in the circuit court.
(D) Involuntary civil commitment cases are considered disposed when the order of commitment, or any extension thereof, is entered.
(E) Sexually violent predator cases are considered disposed when the individual is unconditionally released or deceased.
(8) Treatment court cases are considered disposed at the time of graduation, termination, administrative discharge, death, voluntary withdrawal or dismissal of the participant.
(e) Electronic Records. Records stored in an automated case management system approved by the Missouri Court Automation Committee or State Judicial Records Committee.
(f) Financial Records. Records maintained by the custodian of records to account for all monies received into and disbursed by the court. These records may include, but are not limited to:
(1) Account ledgers;
(2) Bank statements and reconciliations;
(3) Cancelled and voided checks;
(4) Check registers;
(5) Deposit slips;
(6) Fee bills;
(7) Monthly reports of fees or fines;
(8) Copy or record of the receipts;
(9) Receipt and disbursement control journals; and
(10) Cancelled vouchers, warrants, requisition and purchase orders, and other similar records that reflect financial transactions of the court.
(2) Bank statements and reconciliations;
(3) Cancelled and voided checks;
(4) Check registers;
(5) Deposit slips;
(6) Fee bills;
(7) Monthly reports of fees or fines;
(8) Copy or record of the receipts;
(9) Receipt and disbursement control journals; and
(10) Cancelled vouchers, warrants, requisition and purchase orders, and other similar records that reflect financial transactions of the court.
(g) Index Record. A searchable list of all cases and parties as required pursuant to COR 4.
(h) Judgment Index. A searchable list of judgment information for each case pursuant to COR 4 and section 511.640, RSMo.
(i) Judgment Record. The court document that contains the official decision or determination of a court proceeding, excluding voluntary dismissals operative upon filing.
(j) Microfilm. Film-based storage media containing reduced-size images that are eye-readable utilizing light and magnification. This method of record storage may replace paper records for permanent retention purposes, provided it complies with the Secretary of State's archival standards.
(k) Microfilming. The reproduction on film of the original document maintained in a manner consistent with the microfilm guidelines approved by this Court and incorporated by reference.
(l) Open Records. Cases that may be viewed by the public.
(m) Permanent. Retain forever in either paper or archival quality microfilm format.
(n) Record. This includes but is not limited to: any document, information, or other thing that is maintained by a court in connection with a judicial proceeding, and any index, calendar, docket, register of actions, official record of the proceedings, order, decree, judgment, minute, and any information in a case management system created or prepared by the court that is related to a judicial proceeding. This excludes data maintained by or for a judge pertaining to a particular case or party, such as personal notes and communications, memoranda, drafts, or other working papers or information gathered, maintained, or stored by a government agency or other entity to which the court has access but which is not entered into the record.
(o) Social Record. Records that contain the social information of a juvenile, whether in the court file or in possession of the juvenile office. This includes, but is not limited, to social studies, background information, treatment and evaluations of medical and psychological information, investigations into family history and placements, detention records, property logs or similar type documents, informal juvenile case records and probation summaries to the court. It is detailed information of the juvenile and family to assist the court in making proper decisions for placement, services, sanctions, and permanency. This information is not to be provided to the public and is usually separate from official court records or maintained in a confidential manner.
(p) Transfer. To remove from the physical custody of the court and deposit with the Missouri State Archives or to county, city, or regional archival associations, museum associations or similar organizations for preservation and availability for genealogical or other study.
COURT OPERATING RULE 8.03 – RECORDS RETENTION, TRANSFER, PRESERVATION AND DESTRUCTION PROCEDURES
(a) Purging documents. All case records may have the following documents purged three years after disposition:
(1) Photocopies of statutory or case law;
(2) Copies of items received in evidence;
(3) Discovery documents, responses thereto and certificates of service. This includes, but is not limited to, depositions, interrogatories, production of documents or things, permission to enter upon land or other property, physical and mental examinations, and requests for admission;
(4) Duplicates;
(5) Proposed findings of fact and conclusions of law;
(6) Requests for continuances that do not contain orders of the court;
(7) Miscellaneous correspondence and envelopes, including transmittal letters and informal notes;
(8) Notices of hearing;
(9) Notices of filing of depositions;
(10) Proposed jury instructions;
(11) Receipts from garnishors;
(12) Subpoenas;
(13) Witness and exhibit lists;
(14) Probation progress reports; and
(15) Depositions.
(2) Copies of items received in evidence;
(3) Discovery documents, responses thereto and certificates of service. This includes, but is not limited to, depositions, interrogatories, production of documents or things, permission to enter upon land or other property, physical and mental examinations, and requests for admission;
(4) Duplicates;
(5) Proposed findings of fact and conclusions of law;
(6) Requests for continuances that do not contain orders of the court;
(7) Miscellaneous correspondence and envelopes, including transmittal letters and informal notes;
(8) Notices of hearing;
(9) Notices of filing of depositions;
(10) Proposed jury instructions;
(11) Receipts from garnishors;
(12) Subpoenas;
(13) Witness and exhibit lists;
(14) Probation progress reports; and
(15) Depositions.
(b) Retention of Records.
(1) Records in Paper Format.
(2) Records in Electronic Format.
(3) Records Not Listed in Retention Schedule. Any record not listed in the records retention and destruction schedule must be maintained permanently unless otherwise provided for by the State Judicial Records Committee. Any recommendations for changes to the schedule should be submitted to the State Judicial Records Committee.
(A) If a court digitizes, records, scans or otherwise reproduces a document that is filed in paper into an electronic record, document, or image, pursuant to Rule 103.03(b), the electronic record, document or image is the official court record. The court may then destroy the paper document.
(B) If a court microfilms records following the provisions of COR 8, the paper record may be destroyed upon entry of an order of destruction.
(C) Other than the records specified in COR 8.03(a) or those records that must be permanently retained pursuant to COR 8.04.1-.7, records retained in paper format only shall be maintained until the retention period is met for the record type.
(B) If a court microfilms records following the provisions of COR 8, the paper record may be destroyed upon entry of an order of destruction.
(C) Other than the records specified in COR 8.03(a) or those records that must be permanently retained pursuant to COR 8.04.1-.7, records retained in paper format only shall be maintained until the retention period is met for the record type.
(2) Records in Electronic Format.
(A) A court using an automated case management system approved for statewide use by the Missouri Court Automation Committee or the State Judicial Records Committee may maintain records in an electronic format if:
(B) Records maintained in electronic format with a retention period of fewer than 25 years, other than records that must be permanently retained pursuant to COR 8.04.1-.7, may be destroyed when the retention period is met.
(C) Records maintained in electronic format with a retention period of 25 years or more shall be microfilmed in accordance with this Court's microfilm guidelines within 25 years after the case is disposed. The electronic record may be destroyed following such microfilming.
(D) Sound recordings (digital or analog), videos, and court reporter notes (paper, digital, or tapes) may be retained in the original format for the retention periods identified in the COR 8.
(i) backup copies of the electronic records are stored off-site from the court; and
(ii) both the working and backup copies of the electronic records are either migrated or converted if the automated case management system is upgraded or changed in a way that prevents access to the contents of the electronic records created by the old system.
(ii) both the working and backup copies of the electronic records are either migrated or converted if the automated case management system is upgraded or changed in a way that prevents access to the contents of the electronic records created by the old system.
(B) Records maintained in electronic format with a retention period of fewer than 25 years, other than records that must be permanently retained pursuant to COR 8.04.1-.7, may be destroyed when the retention period is met.
(C) Records maintained in electronic format with a retention period of 25 years or more shall be microfilmed in accordance with this Court's microfilm guidelines within 25 years after the case is disposed. The electronic record may be destroyed following such microfilming.
(D) Sound recordings (digital or analog), videos, and court reporter notes (paper, digital, or tapes) may be retained in the original format for the retention periods identified in the COR 8.
(3) Records Not Listed in Retention Schedule. Any record not listed in the records retention and destruction schedule must be maintained permanently unless otherwise provided for by the State Judicial Records Committee. Any recommendations for changes to the schedule should be submitted to the State Judicial Records Committee.
(c) Case Records Eligible for Transfer.
(1) Confidential case records of the Supreme Court of Missouri and the court of appeals may be offered to the Missouri State Archives.
(2) Case records that are considered permanent records pursuant to sections 8.04.2-.7 may be to the Missouri State Archives 75 years after the case is disposed. Case records that are not considered permanent records pursuant to sections 8.04.2-.7 may be transferred on a case-by-case basis after consultation with and the approval of the Missouri
State Archives.
(3) The Missouri State Archives will have both physical custody and ownership of circuit court case records transferred pursuant to COR 8.03(c).
(4) Upon approval by the presiding judge of the circuit court, case records not accepted for transfer by the Missouri State Archives may be given upon request to county, city, or regional archival associations, museum associations or organizations for preservation and availability for genealogical or other study.
(2) Case records that are considered permanent records pursuant to sections 8.04.2-.7 may be to the Missouri State Archives 75 years after the case is disposed. Case records that are not considered permanent records pursuant to sections 8.04.2-.7 may be transferred on a case-by-case basis after consultation with and the approval of the Missouri
State Archives.
(3) The Missouri State Archives will have both physical custody and ownership of circuit court case records transferred pursuant to COR 8.03(c).
(4) Upon approval by the presiding judge of the circuit court, case records not accepted for transfer by the Missouri State Archives may be given upon request to county, city, or regional archival associations, museum associations or organizations for preservation and availability for genealogical or other study.
(d) Procedures for Transfer of Eligible Circuit Court Case Records to the Archives.
(1) Upon approval of the presiding judge of the respective circuit court, each court may issue orders of transfer to the Missouri State Archives of case records, which have met the retention schedules pursuant to the provisions of COR 8.
(2) Orders of transfer shall include the period of time during which such case records were filed or prepared, whether the cases include civil, criminal, domestic relations, probate, or other types of action. All orders shall be maintained by the circuit court.
(3) Notice of intent to transfer case records to the Missouri State Archives shall be made 30 days prior to transfer.
(4) After receiving the transferred case records the Missouri State Archives, at its discretion, may reformat paper records. The Missouri State Archives may transfer case records to another agency, provided adequate steps are taken for the permanent preservation of the case record information. No further approval from the circuit court is required.
(2) Orders of transfer shall include the period of time during which such case records were filed or prepared, whether the cases include civil, criminal, domestic relations, probate, or other types of action. All orders shall be maintained by the circuit court.
(3) Notice of intent to transfer case records to the Missouri State Archives shall be made 30 days prior to transfer.
(4) After receiving the transferred case records the Missouri State Archives, at its discretion, may reformat paper records. The Missouri State Archives may transfer case records to another agency, provided adequate steps are taken for the permanent preservation of the case record information. No further approval from the circuit court is required.
(e) Procedures for Destruction of Records.
(1) Case records not required to be permanently retained and not transferred to the Missouri State Archives pursuant to COR 8.03(c) may be destroyed if they have met their minimum retention period.
(2) The presiding judge of the circuit court or the chair of the fine collection center advisory committee may issue orders of destruction of paper, microfilm or electronic records of the court, or center, respectively, which have met the retention schedules pursuant to the provisions of COR 8.
(3) Paper records may be destroyed prior to meeting the
retention schedule if the records have been reduced to archival-quality microfilm.
(4) Electronic records may be destroyed after meeting the retention schedule for electronic records retention.
(5) Orders of destruction shall include the period of time during which such records were filed or prepared, whether the records include civil, criminal, domestic relations, juvenile, mental health, municipal, probate, traffic, or other type of action, the media being destroyed, and the method of destruction. All orders shall be maintained by the circuit court or the chair of the fine collection center advisory committee.
(2) The presiding judge of the circuit court or the chair of the fine collection center advisory committee may issue orders of destruction of paper, microfilm or electronic records of the court, or center, respectively, which have met the retention schedules pursuant to the provisions of COR 8.
(3) Paper records may be destroyed prior to meeting the
retention schedule if the records have been reduced to archival-quality microfilm.
(4) Electronic records may be destroyed after meeting the retention schedule for electronic records retention.
(5) Orders of destruction shall include the period of time during which such records were filed or prepared, whether the records include civil, criminal, domestic relations, juvenile, mental health, municipal, probate, traffic, or other type of action, the media being destroyed, and the method of destruction. All orders shall be maintained by the circuit court or the chair of the fine collection center advisory committee.
(f) Exceptions.
(1) When records have been damaged or destroyed by decay, vermin, fire, water or other means making their remains illegible, the custodian of the records, with an order signed by the presiding judge or the chair of the fine collection center advisory committee, may dispose of the remains. Excluding municipal division cases, financial records, Fine Collection Center cases, and non-probate associate division cases, the determination that the records are illegible should be made only after consultation with the Missouri State Archives.
(2) Regardless of case type, case records created prior to 1900 may possess historical and genealogical interest. The Missouri State Archives may be able to provide assistance for local preservation of such records. Circuit courts interested in such assistance should contact the Missouri State Archives about possible preservation projects.
(2) Regardless of case type, case records created prior to 1900 may possess historical and genealogical interest. The Missouri State Archives may be able to provide assistance for local preservation of such records. Circuit courts interested in such assistance should contact the Missouri State Archives about possible preservation projects.
COURT OPERATING RULE 8.04 – RECORDS RETENTION AND DESTRUCTION SCHEDULE
Retention periods reflected in this schedule represent the minimum amount of time that records must be retained by the courts. Retention periods reflected in the schedule may be met by retaining records in electronic, paper, or archival quality microfilm format.
8.04.1 Appellate Court Cases
Retention periods for case types and documents referenced below apply to all other documents in the case file not purged prior to storage or microfilming.
(a) Case indexes for all appellate cases: permanent (index records that are stored as electronic data in an approved automated case management system where the information is properly documented and backed-up may be retained permanently in that electronic format).
(b) Exhibits: after the case is disposed and 30 days after notice to parties.
(c) Daily and monthly minutes: one year after date of entry.
(d) Financial records: five years or upon completion of audit if sooner.
(e) Writs: 10 years after issuance or denial of petition.
(f) Civil cases: 10 years after the case is disposed.
(g) Criminal cases, including motions for post-conviction relief under Rules 27.26, 29.15 and 24.035.
(1) When the sentence is 10 years or shorter: 10 years after the case is disposed.
(2) When the sentence is longer than 10 years and shorter than 25 years: 25 years after the case is disposed.
(3) When the sentence is 25 years or longer: 50 years after the case is disposed.
(2) When the sentence is longer than 10 years and shorter than 25 years: 25 years after the case is disposed.
(3) When the sentence is 25 years or longer: 50 years after the case is disposed.
(h) Transcripts: retained with the case file.
(i) Other records: as provided by local court rule.
8.04.2 Circuit Court Criminal Cases
Retention periods for case types and documents referenced below apply to all other documents in the case file not purged prior to storage or microfilming.
(a) Index records and docket or backer sheet for all criminal cases: permanent (index records that are stored as electronic data in an approved automated case management system where the information is properly documented and backed-up may be retained permanently in that electronic format).
(b) Case resulting in dismissal (of all charges).
(1) Minor infraction, traffic, watercraft, or conservation: (excluding more serious traffic or watercraft offenses): retain charging document, amendments to the charging document and final disposition, (if other than docket or backer sheet) for three years after the case is disposed.
(2) For all other cases: retain charging document, amendments to the charging document and final disposition (if other than docket or backer sheet) for five years after the case is disposed.
(3) Felony - remainder of case file: one year after the case is
disposed.
(4) Misdemeanor or infraction - remainder of case file: six months after the case is disposed.
(2) For all other cases: retain charging document, amendments to the charging document and final disposition (if other than docket or backer sheet) for five years after the case is disposed.
(3) Felony - remainder of case file: one year after the case is
disposed.
(4) Misdemeanor or infraction - remainder of case file: six months after the case is disposed.
(c) Case resulting in acquittal, conviction, judgment, or suspended imposition of sentence.
(1) Judgment record and judgment index for all case types within COR 8.04.2(c): permanent.
(2) Minor infraction, traffic, watercraft or conservation (excluding more serious traffic or watercraft offenses): three years after the case is disposed.
(3) Misdemeanor (includes more serious traffic offenses, e.g., driving while intoxicated, boating while intoxicated, blood alcohol content, driving while revoked, driving while suspended, driving without a valid license, leaving the scene of an accident, fleeing or attempting to elude an officer; excludes minor infraction, traffic, watercraft, or conservation):
(4) Felony:
(2) Minor infraction, traffic, watercraft or conservation (excluding more serious traffic or watercraft offenses): three years after the case is disposed.
(3) Misdemeanor (includes more serious traffic offenses, e.g., driving while intoxicated, boating while intoxicated, blood alcohol content, driving while revoked, driving while suspended, driving without a valid license, leaving the scene of an accident, fleeing or attempting to elude an officer; excludes minor infraction, traffic, watercraft, or conservation):
(A) Charging document, any amendments to charging document, and waiver of counsel, if applicable: 50 years after the case is disposed.
(B) Remainder of case file: 12 years after the case is disposed.
(B) Remainder of case file: 12 years after the case is disposed.
(4) Felony:
(A) With a sentence other than life or death: 50 years after the case is disposed.
(B) With a sentence of life or death: permanent.
(B) With a sentence of life or death: permanent.
(d) Video recording of arraignments, hearings, proceedings and sentencing (as identified in section 561.031, RSMo): three years from the date of event.
(e) Request or order for destruction of evidence when no case is filed: three years after date of request or order.
(f) Treatment Court case file: five years after the treatment case is disposed.
(g) Search warrant when no case is filed: 10 years after the date of filing.
(h) Extradition proceedings to another state, including waiver: 10 years after the case is disposed.
8.04.3 Circuit Court Civil and Domestic Relations Cases
Retention periods for case types and documents referenced below apply to all other documents in the case file not purged prior to storage or microfilming.
(a) All index records and docket or backer sheet for all civil and domestic relations cases: permanent (index records that are stored as electronic data in an approved automated case management system where the information is properly documented and backed-up may be retained permanently in that electronic format).
(b) Case resulting in dismissal.
(1) Petition and final disposition (if other than docket sheet): 10 years after the case is disposed.
(2) Remainder of case file: two years after the case is disposed.
(2) Remainder of case file: two years after the case is disposed.
(c) Case resulting in judgment.
(1) Judgment record and judgment index for all case types in COR 8.04.3(c): permanent.
(2) Mechanics' liens, if no suit to enforce: one year after filing.
(3) Limited driving privilege: five years after the case is disposed.
(4) Refusal of a breath test: 10 years after the case is disposed.
(5) Adult abuse, child protection, and habeas corpus: 12 years after the case is disposed.
(6) Administrative review (excluding limited driving privilege and refusal of breath test), contract (including suit for specific performance), extraordinary remedy (including but not limited to mandamus, quo warranto, injunction, temporary restraining order; excluding habeas corpus), real estate (suit to enforce mechanics' lien, landlord complaint, rent and possession, unlawful detainer), small claims, tort: 12 years after final judgment or 12 years from date judgment is revived, whichever is later.
(7) Transcript judgments (including Department of Revenue Liens): 12 years after final judgment or 12 years from date judgment is revived, whichever is later. Comment: Original judgment at associate division level is also retained permanently in the judgment index.
(8) Eminent domain, exception, foreclosure, partition, and other real estate: permanent if judgment is entered.
(9) Post-conviction relief: same as underlying case file.
(10) All domestic relations (excluding adult abuse and child protection):
(11) Receivership: 25 years after the case is disposed.
(2) Mechanics' liens, if no suit to enforce: one year after filing.
(3) Limited driving privilege: five years after the case is disposed.
(4) Refusal of a breath test: 10 years after the case is disposed.
(5) Adult abuse, child protection, and habeas corpus: 12 years after the case is disposed.
(6) Administrative review (excluding limited driving privilege and refusal of breath test), contract (including suit for specific performance), extraordinary remedy (including but not limited to mandamus, quo warranto, injunction, temporary restraining order; excluding habeas corpus), real estate (suit to enforce mechanics' lien, landlord complaint, rent and possession, unlawful detainer), small claims, tort: 12 years after final judgment or 12 years from date judgment is revived, whichever is later.
(7) Transcript judgments (including Department of Revenue Liens): 12 years after final judgment or 12 years from date judgment is revived, whichever is later. Comment: Original judgment at associate division level is also retained permanently in the judgment index.
(8) Eminent domain, exception, foreclosure, partition, and other real estate: permanent if judgment is entered.
(9) Post-conviction relief: same as underlying case file.
(10) All domestic relations (excluding adult abuse and child protection):
(A) Administrative enforcement documents (including but not limited to wage withholding, administrative order on existing order): destroy upon receipt or no further value.
(B) Administrative orders regarding child support (establishment and modification): permanent.
(C) All other cases types: permanent.
(B) Administrative orders regarding child support (establishment and modification): permanent.
(C) All other cases types: permanent.
(11) Receivership: 25 years after the case is disposed.
8.04.4 Probate Cases
Retention periods for case types and documents referenced below apply to all other documents in the case file not purged prior to storage or microfilming.
(a) All index records and docket sheets for all probate cases: permanent (index records that are stored as electronic data in an approved automated case management system where the information is properly documented and backed-up may be retained permanently in that electronic format).
(b) Purported wills not admitted: three years after death.
(c) Involuntary civil commitment of 96-hour detention, evaluation and treatment, petition for 21-day, 30-day, 90-day, 180-day, 1-year additional detention and petition for electroconvulsive therapy: five years after the case is disposed.
(d) Trusts: 25 years after the case is disposed.
(e) Sexual predator: permanent.
(f) Decedents' estates, wills admitted, guardianship and/or conservatorship of adults and minors: permanent.
(g) Receipts and Vouchers associated with settlements: Receipts and vouchers associated with settlements which are filed with the court in paper copy shall be treated in substantially the same manner as evidentiary exhibits retained by the court after trial in civil cases. If receipts and vouchers have been filed with the court in paper copy, the filing party may retrieve them from the court within 90 days after approval of the settlement, unless the court directs in a particular case that they be retained in the court file for a different period of time. Unless such receipts and vouchers are removed from the custody of the clerk within this time, and upon prior notice to the filing party, they may be destroyed or disposed of by the clerk at any time thereafter. (The settlements themselves, if filed on paper, shall not be destroyed or disposed of, unless they shall have been scanned or otherwise made part of the official electronic record of the case pursuant to Supreme Court Rule 103.03(b).) It shall be the responsibility of the filing party to retain such receipts and vouchers until the case shall have become final for all purposes, including the final determination of any appeals, in order that said receipts and vouchers may be made available upon order of the trial court, or in accordance with Supreme Court Rule 81.16 in the event of an appeal.
If receipts and vouchers have been filed with the court electronically as attachments to a settlement or made part of the official electronic record of the case by court personnel pursuant to Supreme Court Rule 103.03(b), the retention period shall be five years after the approval of the final settlement in the case, unless the court directs that they be retained for a longer period of time.
(h) Application for conditional release: same as the underlying case file.
8.04.5 Juvenile Cases
Retention periods for case types and documents referenced below apply to all other documents in the case file not purged prior to storage or microfilming.
(a) All index records and docket sheets for all juvenile cases: permanent (index records that are stored as electronic data in an approved automated case management system where the information is properly documented and backed-up may be retained permanently in that electronic format).
(b) Social records other than the official court file: pursuant to section 211.321, RSMo, or until juvenile reaches age 21, whichever is sooner.
(c) Status offense, abuse and neglect, and petition for abortion: until juvenile reaches age 23.
(d) Treatment Court case file: five years after the treatment case is disposed.
(e) Delinquency – adjudicated non-felony offense if committed by adult: until juvenile reaches age 23.
(f) Delinquency – adjudicated felony offense if committed by adult: 50 years after the case is disposed.
(g) Adoption and termination of parental rights: permanent.
8.04.6 Municipal or County Ordinance Cases (Includes Certification and Trial De Novo)
Retention periods for case types and documents referenced below apply to all other documents in the case file not purged prior to storage or microfilming.
(a) All index records for all ordinance cases: permanent (index records that are stored as electronic data in an approved automated case management system where the information is properly documented and backed-up may be retained permanently in that electronic format).
(b) Case resulting in dismissal (of all charges):
(1) Charging document, amendments to the charging document, docket or backer sheet, and disposition: three years after the case is disposed.
(2) Remainder of case file: six months after the case is disposed.
(2) Remainder of case file: six months after the case is disposed.
(c) Case resulting in acquittal, conviction, judgment, or suspended imposition of sentence:
(1) Judgment record, judgment index for all case types within COR 8.04.6(c): permanent.
(2) Stealing and driving while intoxicated, blood alcohol content:
(3) Other serious ordinance offenses (e.g., driving while revoked, driving while suspended, leaving the scene of an accident, fleeing or attempting to elude an officer, driver license violations, fraud, burglary, assault and other ordinance offenses involving non-traffic related damage to a person or property): 12 years after the case is disposed (including docket or backer sheet).
(4) All other ordinance cases and parking tickets: three years after the case is disposed (including docket or backer sheet).
(2) Stealing and driving while intoxicated, blood alcohol content:
(A) Charging document, any amendments to the charging document, docket or backer sheet, and waiver of counsel, if applicable: 50 years after the case is disposed.
(B) Remainder of case file: 12 years after the case is disposed.
(B) Remainder of case file: 12 years after the case is disposed.
(3) Other serious ordinance offenses (e.g., driving while revoked, driving while suspended, leaving the scene of an accident, fleeing or attempting to elude an officer, driver license violations, fraud, burglary, assault and other ordinance offenses involving non-traffic related damage to a person or property): 12 years after the case is disposed (including docket or backer sheet).
(4) All other ordinance cases and parking tickets: three years after the case is disposed (including docket or backer sheet).
(d) Request or order for destruction of evidence when no case is filed: three years after date of request or order.
(e) Search warrant when no case is filed: ten years after date of filing.
8.04.7 Other Records of Divisions of the Circuit Court
(a) Court calendars: destroy.
(b) Marriage records of application or order for marriage license waivers (obsolete): 30 days after filing.
(c) Financial records (including jury payment records): five years or until completion of a state audit, if sooner.
(d) Execution book and index and minute book (obsolete): five years after last entry (if the minute book serves as the court record, the book must be retained permanently).
(e) Record books – probate (e.g., register, abstract of claims, bonds, letters, inventories, settlements, minutes): 30 years after last entry (if the record books serve as the court record, the books must be retained permanently).
(f) Official court reporters' notes (paper, digital, or tapes), sound recordings, sound recording logs, electronic copy of dictionary:
(1) A full transcript is prepared: after the appellate case is disposed.
(2) No full transcript is prepared (maintain in original format) for the following case types:
(2) No full transcript is prepared (maintain in original format) for the following case types:
(A) Involuntary civil commitment, petition for electroconvulsive therapy: five years after hearing.
(B) Municipal or county ordinance: five years after hearing.
(C) Misdemeanor or infraction: 10 years after hearing.
(D) Civil, domestic relations, juvenile, decedents' estates, guardianship and/or conservatorship of adults and minors: 15 years after hearing.
(E) Application for conditional release, sexual predator, trust, and felony: 20 years after hearing.
(B) Municipal or county ordinance: five years after hearing.
(C) Misdemeanor or infraction: 10 years after hearing.
(D) Civil, domestic relations, juvenile, decedents' estates, guardianship and/or conservatorship of adults and minors: 15 years after hearing.
(E) Application for conditional release, sexual predator, trust, and felony: 20 years after hearing.
(g) Grand and petit jury records:
(1) Qualification questionnaire (other than case specific questionnaire), summons, applications for postponement or disqualification or excuse from service: one year after end of jury term.
(2) Case specific questionnaires: one year after judgment or end of jury term if disposed without a verdict.
(3) Grand jury reports: two years after date of report.
(4) Master list: five years after compilation of the list.
(5) Qualified jury panel list: same as underlying case file.
(2) Case specific questionnaires: one year after judgment or end of jury term if disposed without a verdict.
(3) Grand jury reports: two years after date of report.
(4) Master list: five years after compilation of the list.
(5) Qualified jury panel list: same as underlying case file.
(h) Court record book or permanent record book (obsolete): permanent unless a duplicate of the docket sheet, then destroy.
(i) Judgment records, records of marriages performed, special district files (e.g., water, sewer, fire), pro forma decrees of incorporation: permanent.
(j) Citizenship records (declaration of intention, naturalization): permanent.
(k) Passport records: two years after the date of processing.
8.04.8 Administrative Records
(a) Personnel records maintained by the court:
(1) Applications: three years from date position vacancy is posted.
(2) Personnel files: three years from date of termination of employee.
(2) Personnel files: three years from date of termination of employee.
(b) Administrative orders and directives of the local court en banc: until superseded, rescinded or of no further value.
(c) Court en banc minutes: permanent.
(d) Statistical reports: destroy when of no further value.
(e) Administrative records not otherwise specified above, including general correspondence: destroy when of no further value.
8.04.9 E-mails generated by e-filing system when documents are tendered and accepted for filing
The electronic filing system automatically generates e-mails to counsel of record when a document is tendered and accepted for filing. These e-mails do not contain or attach copies of the document tendered or accepted for filing. Copies of these e-mails shall be maintained in the master electronic filing mailbox maintained by OSCA and in an electronic filing mailbox for the trial or appellate court in which the filing was made. These e-mails shall be maintained according to the following retention schedule:
|
Type of e-mail |
Master Retention Period (months) |
Circuit/Court Retention Period (months) |
|
Accepted |
1 |
24 |
|
Automated Filing Complete |
1 |
24 |
|
Automated Filing Return |
1 |
24 |
|
eNotice |
1 |
24 |
|
eService |
1 |
24 |
|
Hold |
1 |
24 |
|
My Drafts Notification |
1 |
N/A |
|
Recall |
1 |
24 |
|
Receipt of Filing |
1 |
24 |
|
Returned |
1 |
24 |
Addendum
MICROFILMING GUIDELINES FOR MISSOURI COURTS
(a) All microfilming of court records shall be in accordance with these guidelines.
(b) The original and one copy of the microfilm shall be made.
(c) The film shall be of archival quality.
(d) Courts shall rely on the Missouri State Archives or on a vendor
whose process meets standards established by the Missouri State Archives to develop their microfilm.
(e) The original roll shall be securely stored in a separate humidity and temperature controlled environment that is fire resistant. The copy shall be retained by the custodian of records.
(f) The film shall be properly labeled and indexed:
(1) Each roll of film shall be labeled with the roll number, type(s) of case(s) filmed, and the date the roll was filmed. The case number(s) of the filmed cases shall appear on the label, on a separate sheet maintained inside the box, or on the final page of information filmed on the roll.
For existing microfiche, the case number shall appear on the index strip at the top of the microfiche.
(2) The microfilm roll number shall be entered on the index to cases or other permanent index.
For existing microfiche, the case number shall appear on the index strip at the top of the microfiche.
(2) The microfilm roll number shall be entered on the index to cases or other permanent index.
(g) Arrangements shall be made by the court for public viewing and reproduction of the microfilm or microfiche if requested (this is applicable only if paper records are destroyed):
(1) There shall be a microfilm/fiche reader available where the public may view the film/fiche within the courthouse.
(2) There shall be a printer available for making copies within
the courthouse.
(2) There shall be a printer available for making copies within
the courthouse.
(h) Images captured on microfilm or microfiche shall meet standards for inspection adopted by the Missouri State Archives. Documents having images that do not meet the standards shall be re-filmed and re-indexed.
(i) If the original microfilm or microfiche is maintained locally, the film shall be reviewed every three years to insure good quality. If the quality is deteriorating, the court shall make arrangements for immediate duplication of the original. The custodian of records shall maintain written certification of such review.
(j) Confidential or sealed records shall be microfilmed, processed, and identified as confidential, or sealed and maintained separately to protect the confidentiality of the records.
2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
3. It is ordered that this order be published in the South Western Reporter.
4. The state courts administrator shall provide copies of this order to the chief judge and clerk of every district of the court of appeals, every presiding circuit court judge, every circuit clerk, and such other persons as the administrator deems appropriate.
Day - to - Day
_______________________
ZEL M. FISCHER
Chief Justice
_______________________
ZEL M. FISCHER
Chief Justice