Repeal of Court Operating Rule 8, consisting of subdivisions 8.01 to 8.08, inclusive, and the addenda thereto, and in lieu thereof adoption of a new Court Operating Rule 8, entitled "Records Retention and Destruction," consisting of subdivisions 8.01 to 8.04 and an addendum thereto.

          1.  It is ordered that effective January 1, 2004, Court Operating Rule 8 and the addenda thereto be and the same are hereby repealed and a new Court Operating Rule 8 and an addendum thereto adopted in lieu thereof to read as follows:

COURT OPERATING RULE 8.01      UNIFORM RETENTION/TRANSFER/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, 2004.

          (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 Court Operating Rule 8.

          (d) Records maintained in electronic format that are required to be maintained five years or less may be destroyed when the retention schedule is met or at any time following reproduction on paper or on microfilm in accordance with this Court's microfilm guidelines.

          (e) Records maintained in electronic format that must be retained for more than five years shall be reproduced in paper or microfilm format in accordance with this Court's microfilm guidelines within five years after the case is disposed.  The electronic record may be destroyed following such reproduction.

          (f) Paper files for records having retention schedules in excess of five years must be maintained for at least five years after the case is disposed or five years after the record is made if the record is other than a case.   The paper may then be destroyed if the records have been microfilmed in accordance with this Court's microfilm guidelines.

          (g) All case files that are disposed may have the following documents purged before microfilming or storage:

                     (1) Briefs;

                     (2) Photocopies of statutory or case law;

                     (3) Copies of items received in evidence;

                     (4) Discovery documents and responses thereto, including interrogatories to garnishee and answers to the interrogatories;

                     (5) Duplicates;

                     (6) Any findings and proposed findings of fact and conclusions of law and requests for continuances that do not contain orders of the court;

                      (7) Memoranda of law;

                     (8) Miscellaneous correspondence and envelopes, including transmittal letters and informal notes;

                     (9) Notices of hearing;

                     (10) Notices of filing of depositions;

                     (11) Payout orders;

                     (12) Proposed jury instructions;

                     (13) Receipts from garnishors;

                     (14) Subpoenas; and

                     (15) Witness and exhibit lists.

          (h) When records have been damaged or destroyed by decay, vermin, fire, water or other means making their remains illegible, the official custodian, with an order signed by the judge and with approval from the state courts administrator, may dispose of the remains.  Determination that the records are illegible should be made only after consultation with Missouri State Archives, Office of Secretary of State.

          (i) Any record not listed in the records retention/destruction schedule must be maintained permanently in paper or microfilm format or until provided for otherwise in the schedule.  Any recommendations for changes to the schedule should be submitted to the State Judicial Records Committee.

COURT OPERATING RULE 8.02          DEFINITIONS

          (a) Confidential Records.  Such records include:

                     (1) Case records that are closed to the public by chapter 610, RSMo;

                     (2) Mental health records under section 630.140, 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) Psychiatric evaluations under section 552.020.13, RSMo;

                     (10) Pre-sentence investigations and probation and parole reports under Rule 29.07;

                     (11) Drug court division records under section 478.005, RSMo;

                     (12) Motions, court orders, and test results for sexually transmitted diseases that are required to be sealed under section 533.135, 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 section 454.440 or section 208.120, RSMo;

                     (15) Search warrants until the warrant is returned or expires;

                     (16) Filing information sheets; and

                     (17) Any other record sealed or closed by statute, rule or order of a court of record for good cause shown. 

          Confidential records shall not be offered to the Missouri state archives or local archival associations.

          (b) Destruction. To render illegible by any method.

          (c) Disposed Cases.

                     (1) Appellate Cases.  Appellate cases are considered disposed upon a mandate being issued or upon other written order or final disposition being entered.

                     (2) Civil Cases.  Civil 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.

                     (3) Criminal Cases.  Criminal cases are considered disposed upon acquittal, dismissal or nolle prosequi or upon a plea of guilty or finding of guilty and completion of the period of probation.

                     (4) Domestic Relations Cases.  Domestic relations 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.

                     (5) Juvenile Cases.  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 twenty-one. 

          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. 

                     (6) Municipal/County Ordinance Cases.  Municipal/county ordinance cases are considered disposed upon acquittal, dismissal or nolle prosequi or upon a plea of guilty or finding of guilty and completion of the period of probation.

                     (7) Probate Cases.  Decedents’ estates, guardianships, conservatorships, and trusteeships are considered disposed when the personal representative, guardian or trustee is discharged and the time for appeal has expired.  If no personal representative is appointed, e.g., when a refusal of letters has been granted, the case is considered disposed when the order is entered. 

          Involuntary civil commitment cases are considered disposed when the order of commitment or extension is entered.

          (d) Financial Records.  Records maintained by the clerks of the courts to account for all monies received into and disbursed by the court.  These records include:

                     (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) Copies of the receipts;

                      (9) Receipt and disbursement control journals;

                     (10) Cancelled vouchers, warrants, requisition and purchase orders, and other similar records that reflect financial transactions of the court.

          (e) Microfilm.  Film-based storage media containing reduced-size images that are eye-readable utilizing light and magnification.

          (f) 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.

          (g) Open Records.  Disposed cases that may be viewed by the public and that are subject to transfer to the Missouri state archives or to local archival associations.

          (h) Transfer.  To remove from the physical custody of the court and deposit with the Missouri state archives or local archival associations for preservation.

          The agency receiving the transfer may destroy or transfer the records to another agency allowed by Court Operating Rule 8.03(d)(2), but only after notifying the chief justice, chief judge, presiding judge or chair of the fine collection center advisory committee, respectively, of the intended destruction or transfer.  No further approval is required. 

          The agency receiving the transfer of records shall not subsequently transfer them to an agency that is not covered by this Court Operating Rule 8.

COURT OPERATING RULE 8.03      RECORDS TRANSFER/DESTRUCTION PROCEDURES

 

          (a) The chief justice, the presiding judge of each district of the court of appeals, the presiding judge of each circuit court, or the chair of the fine collection center advisory committee, with the approval of the respective court en banc or the committee, may issue orders of transfer or destruction for records of the court, district, circuit or center, respectively, that have met the retention schedules pursuant to the provisions of this Court's Operating Rule 8.

          (b)The chief justice, the presiding judge of each district of the court of appeals, the presiding judge of each circuit court, or the chair of the fine collection center advisory committee, with the approval of the respective court en banc or the committee, may issue orders of destruction for electronic records of the court, district, circuit or center, respectively, that have been reproduced on paper or microfilm.

          (c) The state courts administrator, upon request of the chief justice, the presiding judge of any district of the court of appeals, the presiding judge of any circuit court, or the chair of the fine collection center advisory committee, with the approval of the respective court en banc or the committee, may issue orders of destruction for electronic or paper records of the court, district, circuit or center, respectively, that have been reproduced on microfilm or microfiche. 

          The state courts administrator, upon the request and approval noted above, may also issue orders for transfer of paper records that have been reproduced on microfilm or microfiche pursuant to the provisions of this Court Operating Rule 8 and this Court's microfilm guidelines.

          The state courts administrator shall be satisfied as to the adherence to this Court's microfilm guidelines before an order is issued.

          (d) Orders of transfer or destruction of records.

                     (1) Confidential records shall not be offered to the Missouri state archive or local archival associations.

                     (2) Notice that open records are scheduled for destruction if not transferred shall be given in writing to the Missouri state archives.  Notice shall also be given for scheduled destruction of open records, except those of the fine collection center, to county, city, or regional archival associations, museum associations or similar organizations for preservation and availability for genealogical or other study. 

          Requests for transfer received from the Missouri state archives shall be given priority.  If no requests for transfer are received within 45 days of the date of the notice, the records may be destroyed.

                     (3) The court en banc or the fine collection center advisory committee shall retain the right to accept or reject any request for court records.

                     (4) Orders of transfer or destruction shall include the period of time during which such records were filed or prepared, whether the cases include civil, criminal, domestic relations, juvenile, mental health, municipal, probate, traffic, or other types of action, and the method of destruction or the organization to which the records are to be transferred.  All orders shall be provided to and maintained by the clerks of the courts or the director of the fine collection center. 

                     (5) Open records subject to permanent retention may be transferred or destroyed if they have been microfilmed.

 

COURT OPERATING RULE 8.04      RECORDS RETENTION/DESTRUCTION SCHEDULE                                                                  

 

          Retention periods reflected in this schedule represent the minimum amount of time that records must be retained by the courts.

(a) Appellate Court Cases

Civil Cases	10 years after case disposed
Writs	10 years after issuance or denial of petition
Criminal Cases, Including Motions for Post-Conviction Relief Under Rules 27.26, 29.15 and 24.035
When Sentence Is 10 Years or Shorter	10 years after case disposed
When Sentence Is Longer Than 10 years and Shorter Than 25 Years	25 years after case disposed
When Sentence is 25 Years or Longer	50 years after case disposed
Transcripts	With case file
Exhibits	After case is disposed and 30 days after notice to parties
Case Indexes	Permanent
Daily and Monthly Minutes	1 year after date of entry
Financial Records	5 years or completion of audit if sooner
Other Records	As provided by local court rule

 

(b) Civil Cases

Tort	12 years after final judgment or 12 years from date judgment revived, whichever is later; 5 years after case dismissed or judgment satisfied
Contract, Including Suit for Specific Performance	12 years after final judgment or 12 years from date judgment revived, whichever is later; 5 years after case dismissed or judgment satisfied
Administrative Review
Limited Driving Privilege	5 years after case disposed
Refusal of Breath Test	10 years after case disposed
Other Administrative Review	12 years after final judgment or 12 years from date judgment revived, whichever is later; 5 years after case dismissed or judgment satisfied
Real Estate
Mechanics’ Liens If No Suit to Enforce	1 year after filing
Suit to Enforce Mechanic’s Lien	12 years after final judgment or 12 years from date judgment revived, whichever is later; 5 years after case dismissed or judgment satisfied
Eminent Domain	Permanent if judgment entered; 5 years after case dismissed
Exception	Permanent if judgment entered; 5 years after case dismissed
Foreclosure	Permanent if judgment entered;  5 years after case dismissed
Partition	Permanent if judgment entered; 5 years after case dismissed
Landlord Complaint, Rent and Possession, Unlawful Detainer	12 years after final judgment or 12 years from date judgment revived, whichever is later; 5 years after case dismissed or judgment satisfied
Other Real Estate	Permanent if judgment entered; 5 years after case dismissed
Extraordinary Remedy
Habeas Corpus	12 years after final judgment; 5 years after case dismissed
Other Extraordinary Remedy, e.g., Mandamus, Quo Warranto, Injunction, Temporary Restraining Order	12 years after final judgment or 12 years from date judgment revived, whichever is later; 5 years after case dismissed or judgment satisfied
Post-Conviction Relief	Same as underlying case file
Small Claims	12 years after final judgment or 12 years from date judgment revived, whichever is later; 5 years after case dismissed or judgment satisfied

                                                                       

(c) Criminal Cases

Felony
SIS or Conviction
Sentence of Life/ Death	Permanent
Sentence Other than Life/ Death	50 years after case disposed
Dismissal/ Acquittal	5 years after case disposed
Felony Preliminary if Dismissed in Associate  Division	5 years after case disposed
Misdemeanor
SIS or Conviction	12 years after case disposed
Dismissal/ Acquittal	5 years after case disposed
Infraction	3 years after case disposed
Traffic
More Serious Offenses, e.g., DWI, BAC, Driving While Revoked, Driving While Suspended, Leaving Scene of Accident, Fleeing or Attempting to Elude Officer	Follow retention schedule established for misdemeanor and felony cases
Other Traffic	3 years after case disposed
Watercraft/Conservation	3 years after case disposed
Municipal Certification/Trial De Novo
More Serious Traffic Offenses, e.g., DWI, BAC, Driving While Revoked, Driving While Suspended, Leaving Scene of Accident, Fleeing or Attempting to Elude Officer
(1)   SIS or Conviction	12 years after case disposed
(2)   Dismissal/ Acquittal	3 years after case disposed
Other Traffic Cases	3 years after case disposed
Other Ordinance Cases
(1)   SIS or Conviction	12 years after case disposed
(2)Dismissal/Acquittal	3 years after case disposed
Search Warrants	10 years after date of filing
Parole Docket	5 years after last entry

 

(d) Domestic Relations Cases

Dissolution/ Annulment/ Legal Separation	Permanent if judgment entered; 5 years after case dismissed
Adult Abuse	12 years after final judgment; 5 years after case dismissed
Child Protection	12 years after final judgment; 5 years after case dismissed
Paternity	Permanent if judgment entered; 5 years after case dismissed
Change of Name	Permanent if judgment entered; 5 years after case dismissed
Other Domestic Relations, e.g., Separate Maintenance; Hearings on Administrative Orders for Child Support; Contempt; Modifications; Habeas Corpus; Registrations of Foreign Judgment; URESA/ UIFSA cases	Permanent if judgment entered; 5 years after case dismissed

 

(e) Juvenile Cases

Status Offense	Juvenile reaches age 23
Delinquency
Adjudicated Felony	50 years after case disposed
Other	Juvenile reaches age 23
Abuse and Neglect	Juvenile reaches age 23
Adoption	Permanent
Termination of Parental Rights	Permanent
Petition for Abortion	Juvenile reaches age 23

 

(f) Municipal/ County Ordinance Cases

More Serious Traffic Offenses, e.g., DWI, BAC, Driving While Revoked, Driving While Suspended, Leaving Scene of Accident, Fleeing or Attempting to Elude Officer
SIS or Conviction	12 years after case disposed
Dismissal/ Acquittal	3 years after case disposed
Other Traffic Cases	3 years after case disposed
Other Ordinance Cases
SIS or Conviction	12 years after case disposed
Dismissal/ Acquittal	3 years after case disposed

 

(g) Probate Cases

Decedents’ Estates
Case Files	Permanent
Purported Wills—Not Admitted	3 years after death
Wills Admitted	Permanent
Guardian/ Conservator—Adult	Permanent
Guardian/ Conservator—Minor	Permanent
Involuntary Civil Commitment
96-Hour Detention, Evaluation, and Treatment—No Additional Detention Ordered	5 years after case disposed
96-Hour Detention, Evaluation and Treatment—Additional Detention Ordered (21-Day, 90-Day, 180-Day, 1 Year Petition)	5 years after entry of last order of commitment or extension
Petition for Electric Shock	5 years after disposed
Application for Conditional Release	Same as underlying case file
Sexual Predator	50 years after filing
Trusts	25 years after final termination of trust

 

(h) Other Records of Divisions of the Circuit Court

Financial Records	5 years or completion of audit if sooner
Docket Sheet/Backer Sheet (or chronological list of significant events)
All Civil, Domestic Relations, Juvenile, Probate, Criminal, Non-Traffic Ordinance Cases, and the More Serious Traffic Offenses, e.g., DWI, BAC, Driving While Revoked, Driving While Suspended, Leaving Scene of Accident, Fleeing or Attempting Elude Officer	Permanent
Watercraft/Conservation and Other Traffic Cases	Same as case file
Index Records	Permanent
Judgment Records	Permanent
Marriage Records
Marriages Performed	Permanent
Application/Order for Marriage License Waivers	30 days after filing
Official Court Reporters’ Notes, Sound Recordings and Logs
Full Transcript Prepared	1 year after transcript delivered to appellant
No Full Transcript Prepared
Civil	Same as case file or 15 years after hearing, whichever is sooner
Domestic Relations/ Juvenile	Same as case file or 15 years after hearing, whichever is sooner
Decedents’ Estates	15 years after hearing
Guardianship/ Conservatorship	15 years after hearing
Involuntary Civil Commitment	5 years after hearing
Petition for Electric Shock	5 years after hearing
Application for Conditional Release	20 years after hearing
Sexual Predator	20 years after hearing
Trust	20 years after hearing
Felony	Same as case file or 20 years after hearing, whichever is sooner
Misdemeanor/Infraction	Same as case file or 10 years after hearing, whichever is sooner
Municipal/County Ordinance	Same as case file or 10 years after hearing, whichever is sooner
Extradition Proceedings, Including Waiver	10 years after final disposition
Petit Jury Records, Including Master List, Qualification Questionnaire, Summons, Payment Records, Applications for Postponement/ Disqualification/Excuse from Service	5 years after date of service, date of document or last entry
Grand Jury Records, Including Master List, Qualification Questionnaire, Summons, Payment Records, Applications for Postponement/ Disqualification/Excuse from Service	10 years after date of service, date of document or last entry
Grand Jury Reports	2 years after date of report
Court Calendars	Destroy
Records Destruction/ Transfer Documentation	Permanent
Depositions (Rule 57.03(g)) states that depositions shall not be filed with the court except upon court order or contemporaneously with a motion placing the deposition or part thereof in issue.)	Same as underlying case file if part of the file
Execution Book and Index	5 years after last entry
Minute Book (obsolete)	5 years after last entry (If it serves as the court record, book must be retained permanently)
Court Record Book or Permanent Record Book (obsolete)	Permanent unless duplicate of docket sheet, then destroy
Record Books—Probate, e.g., Register, Abstract of Claims, Bonds, Letters, Inventories, Settlements, Minutes	30 years after last entry
Appeal Bond Book (obsolete)	15 years after last entry
Special District Files, e.g., Water, Sewer, Fire	Permanent
20)Pro Forma Decrees of Incorporation	Permanent

 

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 or microfiche shall be made.

          (c) The film shall be of archival quality. 

          (d) Courts shall rely on the secretary of state or on a dealer whose process has been certified by the state courts administrator within the past 12 months to develop their microfilm.

          (e) The original roll or fiche shall be securely stored in a separate humidity and temperature controlled environment that is fire resistant.  The copy shall be retained by the clerk’s office.

          (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. 

          If a microfiche system is used, 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.

          (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 clerk shall maintain written certification of such review.

          (j) Confidential records shall be microfilmed, processed, and identified as confidential and maintained separately to protect the confidentiality of the records.

         

          2.  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 and circuit clerk, and such other persons as the administrator deems appropriate.

Day - to – Day

____________________________

DUANE BENTON

Acting Chief Justice