Supreme Court of Missouri
en banc
July 2, 2010
In re:
Repeal of subdivision 8.02(O), entitled "Social Record;" subdivision 8.04.1(A), concerning "Case indexes for all appellate cases;" subdivision 8.04.2(A), concerning "Index records and docket sheet or backer sheet for all criminal cases;" subdivision 8.04.3(A), concerning "All index records and docket sheet or backer sheet for all civil and domestic relations cases;" subdivision 8.04.4(A), concerning "All index records and docket sheets for all probate cases;" subdivision 8.04.5(A), concerning "All index records and docket sheets for all juvenile cases;" subdivision 8.04.6(A), concerning "All index records for all ordinance cases;" and the heading for subdivision 8.04.7(F), concerning "Official court reporters' notes (paper, digital or tapes), sound recordings (digital or analog) and logs," of Court Operating Rule 8, and in lieu thereof adoption of a new subdivision 8.02(O), entitled "Social Record;" a new subdivision 8.04.1(A), concerning "Case indexes for all appellate cases;" a new subdivision 8.04.2(A), concerning "Index records and docket sheet or backer sheet for all criminal cases;" a new subdivision 8.04.3(A), concerning "All index records and docket sheet or backer sheet for all civil and domestic relations cases;" a new subdivision 8.04.4(A), concerning "All index records and docket sheets for all probate cases;" a new subdivision 8.04.5(A), concerning "All index records and docket sheets for all juvenile cases;" a new subdivision 8.04.6(A), concerning "All index records for all ordinance cases;" and a new heading for subdivision 8.04.7(F), concerning "Official court reporters' notes (paper, digital or tapes), sound recordings (digital or analog), logs, and electronic copy of dictionary."
ORDER
1. It is ordered that subdivision 8.02(O), subdivision 8.04.1(A), subdivision 8.04.2(A), subdivision 8.04.3(A), subdivision 8.04.4(A), subdivision 8.04.5(A), subdivision 8.04.6(A), and the heading for subdivision 8.04.7(F) of Court Operating Rule 8 be and the same are hereby repealed and a new subdivision 8.02(O)," a new subdivision 8.04.1(A), a new subdivision 8.04.2(A), a new subdivision 8.04.3(A), a new subdivision 8.04.4(A), a new subdivision 8.04.5(A), a new subdivision 8.04.6(A), and a new heading for subdivision 8.04.7(F) adopted in lieu thereof to read as follows:
- COURT OPERATING RULE 8.02 -- DEFINITIONS
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(O) Social Record. Records that contain the social information of a juvenile whether in the court file or in possession of the juvenile office. 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.
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COURT OPERATING RULE 8.04 -- RECORDS RETENTION AND DESTRUCTION SCHEDULE
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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, such as JIS, where the information is properly documented and backed-up may be retained permanently in that electronic format.)
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8.04.2 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 sheet or backer sheet for all criminal cases: permanent; (Index records that are stored as electronic data in an approved automated case management system, such as JIS, where the information is properly documented and backed-up may be retained permanently in that electronic format.)
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8.04.3 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 sheet 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, such as JIS, where the information is properly documented and backed-up may be retained permanently in that electronic format.)
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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.
(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, such as JIS, where the information is properly documented and backed-up may be retained permanently in that electronic format.)
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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, such as JIS, where the information is properly documented and backed-up may be retained permanently in that electronic format.)
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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, such as JIS, where the information is properly documented and backed-up may be retained permanently in that electronic format.)
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8.04.7 Other Records of Divisions of the Circuit Court
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(F) Official court reporters’ notes (paper, digital or tapes), sound recordings (digital or analog) logs, and electronic copy of dictionary:
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3. It is ordered that this order be published in the South Western Reporter.
Day - to - Day
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MARY R. RUSSELL
Acting Chief Justice