
Supreme Court of Missouri
en banc
Effective January 1, 2012
In re:
Repeal of subdivision 8.03(B), entitled "Retention of Records," of Court Operating Rule 8, and in lieu thereof adoption of a new subdivision 8.03(B), entitled "Retention of Records," of Court Operating Rule 8, entitled "Records Retention and Destruction."
ORDER
1. It is ordered that subdivision 8.03(B) of Court Operating Rule 8 be and the same is hereby repealed and a new subdivision 8.03(B) adopted in lieu thereof to read as follows:
COURT OPERATING RULE 8 - RECORDS RETENTION AND DESTRUCTION
COURT OPERATING RULE 8.03 - Records Retention, Transfer, and RULE 8.03 Destruction Procedures
(B) Retention of Records.
(1) Records in Paper Format.
(a) It is recommended if the record has a retention period of more than 20 years the record be microfilmed in accordance with this Court’s microfilm guidelines.
(b) If microfilmed, following the provisions of COR 8, the paper record may be destroyed.
(c) 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 State Judicial Records Committee may maintain records in an electronic format and dispose of originals if:
(i) security copies of the electronic records and indexes are stored off-site;
(ii) both the working and security copies of the electronic records and indexes 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; or
(iii) the records are recopied every ten years, whichever occurs first.
Records maintained in electronic format with a retention period of fewer than 25 years may be destroyed when the retention period is met.
(b) Records maintained in electronic format with a retention period of 25 years or more shall be reproduced in paper or microfilm format in accordance with this Court's microfilm guidelines within 25 years after the case is disposed. The electronic record may be destroyed following such reproduction. Indexes maintained pursuant to COR 4 are excluded from this requirement.
(c) 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 this COR 8.
(3) Records Not Listed in Retention Schedule. Any record not listed in the records retention and destruction schedule must be maintained permanently or unless provided for otherwise by the State Judicial Records Committee. Any recommendations for changes to the schedule should be submitted to the State Judicial Records Committee.
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.
Day - to - Day
______________________________
MARY R. RUSSELL
Acting Chief Justice