Supreme Court of Missouri
en banc

In re:

Repeal of subdivision (e) of subdivision 8.01, entitled “Uniform Retention/Transfer/Destruction System,” subdivision (4) of subdivision 8.02(a), entitled "Confidential Records," subdivision 8.04(c), entitled "Criminal Cases," subdivision 8.04(f), entitled "Municipal/County Ordinance Cases," subdivision 8.04(h), entitled "Other Records of Divisions of the Circuit Court," of Court Operating Rule 8, and in lieu thereof adoption of a new subdivision 8.01(e), a new subdivision 8.02(a)(4), a new subdivision 8.04(c), a new subdivision 8.04(f), and a new subdivision 8.04(h) of Court Operating Rule 8.

1.  It is ordered that effective July 1, 2005, subdivision 8.01(e), subdivision 8.02(a)(4), subdivision 8.04(c), subdivision 8.04(f), and subdivision 8.04(h) of Court Operating Rule 8 be and the same are hereby repealed and a new subdivision 8.01(e), a new subdivision 8.02(a)(4), a new subdivision 8.04(c), a new subdivision 8.04(f), and a new subdivision 8.04(h) adopted in lieu thereof to read as follows:


(e) Records maintained in electronic format that must be retained for 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 Court Operating Rule 8.

Court Operating Rule 8.02 DEFINITIONS

(a) Confidential Records. Such records include:

(4) Juvenile division records under section 211.321, RSMo, and applicable rules;


Court Operating Rule 8.04 RECORDS RETENTION/
                                               DESTRUCTION SCHEDULE

(c) Criminal Cases

Felony
SIS or Conviction
Sentence of Life/Death	Permanent
Sentence Other than Life/Death	50 years after case disposed
Dismissal/Acquittal	5 years after case disposed
Felony Preliminary if Dismissed in Associate Division	5 years after case disposed
Misdemeanor
SIS or Conviction	12 years after case disposed
Dismissal/Acquittal	5 years after case disposed
Infraction	3 years after case disposed
Traffic
More Serious Offenses, e.g., DWI, BAC, Driving While Revoked, Driving While Suspended, Leaving Scene of Accident, Fleeing or Attempting to Elude Officer	Follow retention schedule established for misdemeanor and felony cases
Other Traffic	3 years after case disposed
Watercraft/Conservation	3 years after case disposed

Municipal Certification/Trial De Novo
More Serious Traffic Offenses, e.g., DWI, BAC, Driving While Revoked, Driving While Suspended, Leaving Scene of Accident, Fleeing or Attempting to Elude Officer
SIS or Conviction	12 years after case disposed
Dismissal/Acquittal	3 years after case disposed
Other Traffic Cases	3 years after case disposed
Other Ordinance Cases
SIS or Conviction	12 years after case disposed
Dismissal/Acquittal	3 years after case disposed
Recording of Arraignments (as identified in Section 561.031 RSMo)	3 years from date of arraignment
Search Warrants	10 years after date of filing
Parole Docket	5 years after last entry

 
*     *     *


(f) Municipal/ County Ordinance Cases



More Serious Traffic Offenses, e.g., DWI, BAC, Driving While Revoked, Driving While Suspended, Leaving Scene of Accident, Fleeing or Attempting to Elude Officer
SIS or Conviction	12 years after case disposed
Dismissal/Acquittal	3 years after case disposed
Other Traffic Cases and Parking Tickets	3 years after case disposed
Animal Control and Housing Violation Cases	3 years after case disposed
Other Ordinance Cases
SIS or Conviction	12 years after case disposed
Dismissal/Acquittal	3 years after case disposed

 
*     *     *


(h) Other Records of Divisions of the Circuit Court


Financial Records	5 years or completion of state audit if sooner
Docket Sheet/Backer Sheet (or chronological list of significant events)
All Civil, Domestic Relations, Juvenile, Probate, Criminal, Non-Traffic Ordinance Cases, and the More Serious Traffic Offenses, e.g., DWI, BAC, Driving While Revoked, Driving While Suspended, Leaving Scene of Accident, Fleeing or Attempting Elude Officer	Permanent
Watercraft/Conservation and Other Traffic Cases	Same as case file
Index Records	Permanent
Judgment Records	Permanent
Marriage Records
Marriages Performed	Permanent
Application/Order for Marriage License Waivers	30 days after filing




Official Court Reporters’ Notes (paper, digital or tapes), Sound Recordings (digital or analog) and Logs
Full Transcript Prepared	1 year after transcript delivered to appellant
No Full Transcript Prepared (maintain in original format)
Civil	Same as case file or 15 years after hearing, whichever is sooner
Domestic Relations/Juvenile	Same as case file or 15 years after hearing, whichever is sooner
Decedents’ Estates	15 years after hearing
Guardianship/Conservatorship	15 years after hearing
Involuntary Civil Commitment	5 years after hearing
Petition for Electric Shock	5 years after hearing
Application for Conditional Release	20 years after hearing
Sexual Predator	20 years after hearing
Trust	20 years after hearing
Felony	Same as case file or 20 years after hearing, whichever is sooner




Misdemeanor/Infraction	Same as case file or 10 years after hearing, whichever is sooner
Municipal/County Ordinance	Same as case file or 10 years after hearing, whichever is sooner
Extradition Proceedings, Including Waiver	10 years after final disposition
Petit Jury Records, Including Master List, Qualification Questionnaire, Summons, Payment Records, Applications for Postponement/Disqualification/Excuse from Service	5 years after date of service, date of document or last entry
Grand Jury Records, Including Master List, Qualification Questionnaire, Summons, Payment Records, Applications for Postponement/Disqualification/Excuse from Service	10 years after date of service, date of document or last entry
Grand Jury Reports	2 years after date of report
Court Calendars	Destroy
Records Destruction/Transfer Documentation	Permanent
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.)	Same as underlying case file if part of the file
Execution Book and Index	5 years after last entry




Minute Book (obsolete)	5 years after last entry (If it serves as the court record, book must be retained permanently)
Court Record Book or Permanent Record Book (obsolete)	Permanent unless duplicate of docket sheet, then destroy
Record Books—Probate, e.g., Register, Abstract of Claims, Bonds, Letters, Inventories, Settlements, Minutes	30 years after last entry
Appeal Bond Book (obsolete)	15 years after last entry
Special District Files, e.g., Water, Sewer, Fire	Permanent
Pro Forma Decrees of Incorporation	Permanent


2.  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

___________________________
RONNIE L. WHITE
Chief Justice