Supreme Court of Missouri
en banc

In re:

Repeal of subdivision 8.02(A), entitled "Confidential Records," and subdivision (1) of subdivision 8.03(C), entitled "Records Eligible for Offer and/or Transfer to Archives," of Court Operating Rule 8, entitled "Microfilming Guidelines for Missouri Courts," and in lieu thereof adoption of a new subdivision 8.02(A), entitled "Confidential Records," and a new subdivision (1) of subdivision 8.03(C), entitled "Records Eligible for Offer or Transfer to Archives."  


1.  It is ordered that effective July 1, 2010, subdivision 8.02(A) and subdivision 8.03(C)(1) of Court Operating Rule 8 be and the same are hereby repealed and a new subdivision 8.02(A) and a new subdivision 8.03(C)(1) adopted in lieu thereof to read as follows:

COURT OPERATING   DEFINITIONS
RULE 8.02

(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 applicable rules;

(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) 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 566.135, RSMo;

(13) Jury questionnaires maintained by the court in criminal cases under Rule 27.09;

(14) Search warrant until the warrant is returned or expires;

(15) Filing information sheets; and

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

Confidential records for any division of the circuit court, including the municipal division, shall not be offered to the Missouri State Archives, Office of Secretary of State, or local archival associations.

COURT OPERATING   RECORDS RETENTION,
RULE 8.03 TRANSFER, AND DESTRUCTION PROCEDURES

(C) Records Eligible for Offer and/or Transfer to Archives.

(1) Confidential records shall not be offered to the Missouri State Archives, Office of Secretary of State or to county, city, or regional archival associations, museum associations or similar organizations for preservation and availability for genealogical or other study.

Confidential records of the Supreme Court and the court of appeals may be offered to the Missouri State Archives.

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

_______________________
MARY R. RUSSELL
Acting Chief Justice