Supreme Court of Missouri
en banc
August 15, 2023
Effective September 1, 2023
In re:
(1) Adoption of subdivision 4.14.3, entitled "Municipal Division Legacy Automated Case Management Systems after Implementation of the Automated Case Management or Indexing System Approved by the State Judicial Records Committee," of subdivision 4.14, entitled "Judgment Index: Criminal/Municipal," of Court Operating Rule 4, entitled "Uniform Record Keeping System."
(2) Repeal of subdivision 4.04.1(3)(b) of subdivision 4.04, entitled "File Numbers," of Court Operating Rule 4, entitled "Uniform Record Keeping System," and, in lieu thereof, adoption of a new subdivision 4.04.1(3)(b) of subdivision 4.04, entitled "File Numbers."
(3) Repeal of subdivision (c) of subdivision 8.04.4, entitled "Probate Cases," and subdivision (a) of subdivision 8.04.6, entitled "Municipal or County Ordinance Cases (Including Certification and Trial De Novo)," of subdivision 8.04, entitled "Records Retention and Destruction Schedule," of Court Operating Rule 8, and in lieu thereof adoption of a new subdivision (c) of subdivision 8.04.4, entitled "Probate Cases," and a new subdivision 8.04.6, entitled "Municipal or County Ordinance Cases (Including Certification and Trial De Novo)."
ORDER
1. It is ordered that, effective September 1, 2023, subdivision 4.14.3 of subdivision 4.14 of Court Operating Rule 4 be and the same is hereby adopted to read as follows:
COURT OPERATING RULE 4 | UNIFORM RECORD KEEPING SYSTEM
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COURT OPERATING RULE 4.14 | JUDGMENT INDEX: CRIMINAL/MUNICIPAL
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4.14.3 Municipal Division Legacy Automated Case Management Systems after Implementation of the Automated Case Management or Indexing System Approved by the State Judicial Records Committee
(1) Judgment information shall be maintained in an electronic format that is searchable for each case by:
(a) Defendant name;
(b) Case number;
(c) Date of judgment; and
(d) Summary of the judgment or sentencing order.
(2) The index may be downloaded from the legacy system and maintained in a searchable format such as a spreadsheet, PDF-A document, or database. The index does not have to be maintained in the original automation system from which the record was derived.
2. It is ordered that, effective September 1, 2023, subdivision 4.04.1(3)(b) of subdivision 4.04 of Court Operating Rule 4 be and the same is hereby repealed and a new subdivision 4.04.1(3)(b) of subdivision 4.04 of Court Operating Rule 4 is adopted in lieu thereof to read as follows:
COURT OPERATING RULE 4 | UNIFORM RECORD KEEPING SYSTEM
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COURT OPERATING RULE 4.04 | FILE NUMBERS
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4.04.1 Courts Using an Automated Case Management System Approved for Statewide Use by the State Judicial Records Committee
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3) New Construct
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b) The following comprise the minimum list of 2-digit case categories used in the circuit:
| Case Category | Code |
| Criminal | CR |
| Traffic | TR |
| Infraction | IN |
| Civil | CV |
| Juvenile | JU |
| Probate | PR |
| Municipal Ordinance | MU |
| County Ordinance | CY |
| Miscellaneous | MC |
| Juvenile Referral | JR |
| Treatment Court | TC |
| Juvenile Miscellaneous | JZ |
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3. It is ordered that, effective September 1, 2023, subdivision (c) of subdivision 8.04.4 and subdivision (a) of subdivision 8.04.6 of subdivision 8.04 of Court Operating Rule 8 be and the same are hereby repealed and a new subdivision (c) of subdivision 8.04.4 and a new subdivision (a) of 8.04.6 of subdivision 8.04 of Court Operating Rule 8 are adopted in lieu thereof to read as follows:
COURT OPERATING RULE 8
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COURT OPERATING RULE 8.04 | RECORDS RETENTION AND DESTRUCTION SCHEDULE
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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.
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(c) Involuntary civil commitment.
(1) All records on 96-hour detention, evaluation and treatment and petitions for electroconvulsive therapy: five years after the case is disposed.
(2) All records on petitions for 21-day, 30-day, 90-day, 180-day, and 1-year additional detention: permanent.
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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 or as required by Court Operating Rule 4.14.3 where the information is properly documented and backed-up may be retained permanently in that electronic format).
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4. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
5. It is ordered that this order be published in the South Western Reporter.
6. The state courts administrator shall provide copies of this order to every presiding circuit court judge and circuit clerk and such other persons as the administrator deems appropriate.
Day – to – Day
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MARY R. RUSSELL
Chief Justice