Supreme Court of Missouri
en banc

In re:  Correction of Court Operating Rule 8.

ORDER

1.  By order dated August 1, 2003, effective January 1, 2004, a new Court Operating Rule 8, relating to a uniform retention/ transfer/destruction system for court documents, was adopted.  Subdivisions 8.01(g), 8.02(c)(3), 8.02(c)(6), 8.04(f), and 8.04(h) of said rule as they appear in the August 1, 2003, order are corrected so that as corrected they shall read as follows:

8.01(g) All case files that are disposed may have the following documents purged 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, including interrogatories to garnishee and answers to the interrogatories;
(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; and
(18) Probation violation reports.


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8.02(c)(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.


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8.02(c)(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.


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8.04(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	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

8.04(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, Sound Recordings and Logs
Full Transcript Prepared	1 year after transcript delivered to appellant
No Full Transcript Prepared
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
20)Pro Forma Decrees of Incorporation	Permanent

2.  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 and circuit clerk, and such other persons as the administrator deems appropriate.
 
Day - to – Day

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RONNIE L. WHITE
Chief Justice