Supreme Court of Missouri
en banc

In re:

Repeal of Court Operating Rule 8, consisting of subdivisions 8.01 to 8.04 and the addendum thereto entitled "Microfilming Guidelines for Missouri Courts," 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, inclusive, with an addendum entitled "Microfilming Guidelines for Missouri Courts."  

1.  It is ordered that effective January 1, 2010, Court Operating Rule 8, consisting of subdivisions 8.01 to 8.04, inclusive, and the addendum thereto, be and the same is hereby repealed and a new Court Operating Rule 8, consisting of subdivisions 8.01 to 8.04, inclusive, and the addendum thereto, adopted in lieu thereof to read as attached.

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

_______________________
WILLIAM RAY PRICE, JR.
Chief Justice



Court Operating Rule 8 - RECORDS RETENTION AND DESTRUCTION


COURT OPERATING RULE 8.01 - UNIFORM RETENTION, TRANSFER AND 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, 2010.

(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 COR 8.

(D) The retention periods listed within this COR are minimum periods of retention.  

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 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 shall not be offered to the Missouri State Archives, Office of Secretary of State or local archival associations.

(B) Custodian of Records.  The custodian of records is presumed to be the clerk of the court; however, the custodian may be specifically designated by local court rule or by the appointing authority of the office in which such records originated (e.g., juvenile office, drug or treatment court).

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

(D) 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 after sentencing upon a plea of guilty or finding of guilty and completion of the period of probation; and

(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.

(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 21 years.  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 after sentencing upon a plea of guilty or finding of guilty and completion of the period of probation; and

(a) When the time for an appeal or application for trial de novo has expired and no appeal or application 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; or if an application for trial de novo has been filed, when the dispositional order has been filed in the municipal or associate division where the case originated.

(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.  

(8) Treatment Court Cases. Treatment court cases are considered disposed at the time of graduation, termination, administrative discharge, death, voluntary withdrawal or dismissal of the participant.

(E) Electronic Records.  Records stored in an automated system approved by the Missouri Court Automation Committee or State Judicial Records Committee.

(F) Financial Records.  Records maintained by the custodian of records 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.

(G) Index Record.  A searchable list of all cases and parties as required pursuant to COR 4.  

(H) Judgment Index.  A searchable list of judgment information for each case pursuant to COR 4 and section 511.640, RSMo.

(I) Judgment Record. The court document that contains the official decision or determination of a court proceeding, excluding voluntary dismissals operative upon filing.  Includes but is not limited to a docket entry signed by a judge, order of judgment, criminal judgment, involuntary dismissal judgments.

(J) Microfilm/Microfiche.  Film-based storage media containing reduced-size images that are eye-readable utilizing light and magnification.  This method of record storage may replace paper records for permanent retention purposes provided it complies with the Secretary of State’s archival standards.

(K) 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.  

(L) Open Records.  Cases that may be viewed by the public.

(M) Permanent.  Retain forever in either paper or archival quality microfilm/microfiche format.

(N) Record.  Includes but is not limited to: any document, information, or other thing that is maintained by a court in connection with a judicial proceeding, and any index, calendar, docket, register of actions, official record of the proceedings, order, decree, judgment, minute, and any information in a case management system created or prepared by the court that is related to a judicial proceeding.  Excludes data maintained by or for a judge pertaining to a particular case or party, such as personal notes and communications, memoranda, drafts, or other working papers or information gathered, maintained, or stored by a government agency or other entity to which the court has access but which is not entered into the record. 

(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, 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.

(P) Transfer.  To remove from the physical custody of the court and deposit with 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.

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

(A) Purging documents at disposition.  All case files may have the following documents purged at disposition 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.  Includes but is not limited to depositions, interrogatories, production of documents or things, permission to enter upon land or other property, physical and mental examinations, and requests for admission;
(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;
(15) Witness and exhibit lists;
(16) Pre-sentence investigation reports;
(17) Probation progress reports;
(18) Probation violation reports; and
(19) 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.).

(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) Records maintained in electronic format with a retention period of five years or less may be destroyed when the retention period is met.
(b) Records maintained in electronic format with a retention period of 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.  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 in paper or microfilm format 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.  

(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.

(2) Municipal cases, Non-Probate Associate level cases, financial records and cases processed by the Fine Collection Center (Central Violation Bureau) 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.  

(3) Notice that open records, except those noted above, are scheduled for destruction if not transferred shall be given in writing to the Missouri State Archives, Office of Secretary of State and to county, city, or regional archival associations, museum associations or similar organizations for preservation and availability for genealogical or other study.  

(4) Requests for transfer received from the Missouri State Archives, Office of Secretary of State 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.  

(5) The court en banc shall retain the right to accept or reject any request for court records.

(D) Procedures for Transfer of Open Records.

(1) Upon approval of the respective court en banc, each court may issue orders of transfer of paper records of the court, district, or circuit, respectively, that have met the retention schedules pursuant to the provisions of COR 8.

(2) Paper records may be transferred prior to meeting the retention schedule if records have been reduced to archival-quality microfilm.

(3) Orders of transfer shall include the period of time during which such records were filed or prepared, whether the cases include civil, criminal, domestic relations, probate or other types of action, and the organization to which the records are to be transferred.  All orders shall be provided to and maintained by the courts.

(4) The agency receiving the transfer may destroy or transfer the records to another agency allowed by COR 8.03(C)(3) or may return the records to the court by agreement, but only after notifying the chief justice, chief judge, or presiding judge, respectively, of the intended destruction or transfer.  No further approval is required.

(5) The agency receiving the transfer of records shall not subsequently transfer them to an agency that is not covered by this COR 8.

(E) Procedure for Destruction of Open and/or Confidential Records.

(1) After following procedures from COR 8.03(C) "Records Eligible for Offer and/or Transfer to Archives" and receiving no acceptable request for transfer the records can be destroyed.  

(2) Upon approval of the respective court en banc or the committee, each court, or the chair of the fine collection center advisory committee may issue orders of destruction of paper, microfilm or electronic records of the court, district, circuit or center, respectively, that have met the retention schedules pursuant to the provisions of COR 8.

(3) Paper records may be destroyed prior to meeting the retention schedule if records have been reduced to archival-quality microfilm.

(4) Electronic records may be destroyed after meeting the retention schedule for electronic records retention.

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

(F) Exceptions.  Damaged Records.  

(1) When records (excluding confidential cases, municipal cases,  financial records, Fine Collection Center cases, and non-probate associate level cases) have been damaged or destroyed by decay, vermin, fire, water or other means making their remains illegible, the custodian of records, with an order signed by the judge 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.  

(2) The remains of cases excluded above may be disposed by the custodian of records, upon approval of the respective court en banc or the committee.

COURT OPERATING RULE 8.04 - RECORDS RETENTION AND DESTRUCTION SCHEDULE

Retention periods reflected in this schedule represent the minimum amount of time that records must be retained by the courts.  Retention periods reflected in the schedule may be met by retaining records in electronic format (if the retention period is five years or less) or paper or archival quality microfilm format.

8.04.01 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;

(B) Exhibits:  after case disposed and 30 days after notice to parties;

(C) Daily and monthly minutes:  1 year after date of entry;

(D) Financial records:  5 years or upon completion of audit if sooner;

(E) Writs:  10 years after issuance or denial of petition;

(F) Civil cases:  10 years after case disposed;

(G) Criminal cases, including motions for post-conviction relief under   Rules 27.26, 29.15 and 24.035:


(1) When the sentence is 10 years or shorter:  10 years after case disposed;
(2) When the sentence is longer than 10 years and shorter than 25 years:  25 years after case disposed;
(3) When sentence is 25 years or longer:  50 years after case disposed;


(H) Transcripts:  retained with case file;

(I) Other records:  as provided by local court rule.

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;

(B) Case resulting in dismissal (of all charges):  

(1) Minor infraction, traffic, watercraft or conservation, (excluding more serious traffic or watercraft offenses):  retain charging document, amendments to the charging document, and final disposition (if other than docket sheet or backer sheet) for 3 years after final disposition;

(2) For all other cases:  retain charging document, amendments to the charging document and final disposition (if other than docket sheet or backer sheet) for 5 years after final disposition;

(3) Felony - remainder of case file:  1 year after final disposition;

(4) Misdemeanor or infraction - remainder of case file:  6 months after final disposition;

(C) Case resulting in acquittal, conviction, judgment or suspended imposition of sentence:

(1) Judgment record and judgment index for all case types within COR 8.04.2(C):  permanent;

(2) Minor infraction, traffic, watercraft or conservation, (excluding more serious traffic or watercraft offenses):  3 years after the case is disposed;

(3) Misdemeanor (includes more serious traffic offenses, e.g. driving while intoxicated, boating while intoxicated, blood alcohol content, driving while revoked, driving while suspended, driving without a valid license, leaving the scene of an accident, fleeing or attempting to elude an officer; excludes minor infraction, traffic, watercraft or conservation):


(a) Charging document, any amendments to charging document and waiver of counsel, if applicable:  50 years after case disposed;
(b) Remainder of case file:  12 years after case disposed;

(4) Felony:

(a) With a sentence other than life or death:  50 years after case disposed;
(b) With a sentence of life or death:  permanent.
(D) Video recording of arraignments, hearings, proceedings and sentencing (as identified in section 561.031, RSMo):  3 years from the date of event;

(E) Request or order for destruction of evidence when no case is filed:  3 years after date of request or order;

(F) Treatment Court case file:  5 years after the treatment case is disposed;

(G) Search warrant (not in case file):  10 years after the date of filing;

(H) Extradition proceedings to another state, including waiver:  10 years after final disposition;

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;

(B) Case resulting in dismissal:  


(1) Petition and final disposition (if other than docket sheet):  10 years after final disposition;
(2) Remainder of case file:  2 years after final disposition;

(C) Case resulting in judgment:

(1) Judgment record and judgment index for all case types in COR 8.04.3(C):  permanent.
(2) Mechanics’ liens, if no suit to enforce:  1 year after filing;
(3) Limited driving privilege:  5 years after case disposed;
(4) Refusal of a breath test:  10 years after case disposed;
(5) Adult abuse, child protection and habeas corpus:  12 years after final judgment;
(6) Administrative review (excluding limited driving privilege and refusal of breath test), contract (including suit for specific performance), extraordinary remedy (including but not limited to mandamus, quo warranto, injunction, temporary restraining order; excluding habeas corpus), real estate (suit to enforce mechanic’s lien, landlord complaint, rent and possession, unlawful detainer), small claims, tort:  12 years after final judgment or 12 years from date judgment is revived, whichever is later;
(7) Transcript judgments:  12 years after final judgment or 12 years from date judgment is revived, whichever is later.  Comment: Original judgment at associate division level is also retained permanently in the judgment index;
(8) Eminent domain, exception, foreclosure, partition, and other real estate:  permanent if judgment is entered;
(9) Post-conviction relief:  same as underlying case file; 
(10) All domestic relations (excluding adult abuse and child protection):

Administrative enforcement documents (including but not limited to wage withholding, administrative order on existing order):  destroy upon receipt or no further value;

Administrative orders regarding child support (establishment and modification):  permanent;

All other cases:  permanent.

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;

(B) Purported wills not admitted:  3 years after death;

(C) Involuntary civil commitment of 96-hour detention, evaluation and treatment, petition for 21-day, 30-day, 90-day, 180-day, 1-year additional detention and petition for electric shock:  5 years after case disposed;

(D) Trusts:  25 years after final termination of trust;

(E) Sexual predator:  permanent;

(F) Decedents’ estates, wills admitted, guardianship and/or conservatorship of adults and minors:  permanent;

(G) Application for conditional release:  same as the underlying case file.

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;

(B) Social records other than the official court file:  pursuant to section 211.321, RSMo, or until juvenile reaches age 21 years, whichever is sooner;

(C) Status offense, abuse and neglect, and petition for abortion:  until juvenile reaches age 23 years;

(D) Treatment Court case file:  5 years after treatment case disposed;

(E) Delinquency – adjudicated non-felony offense if committed by adult:  until juvenile reaches age 23 years;

(F) Delinquency – adjudicated felony offense if committed by adult:  50 years after case disposed;

(G) Adoption and termination of parental rights:  permanent.

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;

(B) Case resulting in dismissal (all charges):


(1) Charging document, amendments to the charging document, docket sheet or backer sheet and disposition:  3 years after final disposition;
(2) Case file:  6 months after final disposition;

(C) Case resulting in acquittal, conviction, judgment or suspended imposition of sentence:


(1) Judgment record, judgment index for all case types within COR 8.04.6(C):  permanent;
(2) Stealing and driving while intoxicated, blood alcohol content:

(a) Charging document, any amendments to charging document, docket sheet or backer sheet and waiver of counsel, if applicable:  50 years after case disposed;
(b) Remainder of case file:  12 years after case disposed;
(3) Other serious ordinance offenses (e.g. driving while revoked, driving while suspended, leaving the scene of an accident, fleeing or attempting to elude an officer, driver license violations, fraud, burglary, assault and other ordinance offenses involving non-traffic related damage to a person or property):  12 years after case disposed (including docket sheet or backer sheet);
(4) All other ordinance cases and parking tickets:  3 years after case disposed (including docket sheet or backer sheet).  

(D) Request or order for destruction of evidence when no case is filed:  3 years after date of request or order;

(E) Search warrant (not in case file):  3 years after date of filing;

8.04.7 Other Records of Divisions of the Circuit Court

(A) Court calendars:  destroy;

(B) Marriage records of application or order for marriage license waivers (obsolete):  30 days after filing;

(C) Financial records (including jury payment records):  5 years or until completion of a state audit, if sooner;

(D) Execution book and index and minute book (obsolete):  5 years after last entry (if the minute book serves as the court record, the book must be retained permanently);

(E) Record books – probate (e.g. register, abstract of claims, bonds, letters, inventories, settlements, minutes):  30 years after last entry;

(F) Official court reporters’ notes (paper, digital or tapes), sound recordings (digital or analog) and logs:

(1) A full transcript is prepared:  1 year after transcript delivered to appellant;
(2) No full transcript is prepared (maintain in original format) for the following case types:

(a) Involuntary civil commitment, petition for electric shock and municipal or county ordinance:  5 years after hearing;
(b) Misdemeanor or infraction:  10 years after hearing;
(c) Civil, domestic relations, juvenile, decedents’ estates, guardianship and/or conservatorship of adults and minors:  15 years after hearing;
(d) Application for conditional release, sexual predator, trust, and felony:  20 years after hearing;

(G) Grand and petit jury records:


(1) Qualification questionnaire (other than case specific questionnaire), summons, applications for postponement or disqualification or excuse from service:  1 year after end of jury term;
(2) Case specific questionnaires:  1 year after judgment or end of jury term if disposed without a verdict;
(3) Grand jury reports:  2 years after date of report;
(4) Master list:  5 years after compilation of the list;
(5) Qualified jury panel list:  same as underlying case file;

(H) Court record book or permanent record book (obsolete):  permanent unless a duplicate of the docket sheet, then destroy;

(I) Judgment records, records of marriages performed, special district files (e.g. water, sewer, fire), pro forma decrees of incorporation:  permanent.

8.04.8  Administrative Records

(A) Personnel records maintained by the court:


(1) Applications:  3 years from date position vacancy is posted;  
(2) Personnel files:  3 years from date of termination of employee;

(B) Administrative orders and directives of the local court en banc:  until superseded, rescinded or of no further value;

(C) Court en banc minutes:  permanent;

(D) Statistical reports:  destroy when of no further value;

(E) Administrative records not otherwise specified above, including general correspondence:  destroy when of no further value.

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 meets standards established by the Secretary of State’s office 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 custodian of records.

(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, Office of Secretary of State.  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 custodian of records shall maintain written certification of such review.

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