| ITEM | DESCRIPTION | RETENTION PERIOD | COMMENT |
| ADMINISTRATIVE | |||
| ADM.1 | ADMINISTRATIVE ORDERS-Orders relating to administrative matters in circuit or magistrate court entered by the circuit court or Supreme Court. | 1 Year | After a copy is entered in the Administrative Order Book. |
| ADM. 2 | ADMINISTRATIVE ORDER BOOK | Permanent | |
| ADM. 3 | ALIEN DECLARATION OR NATURALIZATION BOOK-Record of persons becoming naturalized citizens of the United States. Gives name of alien, place of residence, date of naturalization, and seal of judge. | Transfer to State Archives and History Division | |
| ADM. 4 | ATTORNEY'S OATH TO BE ADMITTED TO BAR - Oath taken by attorneys to be admitted to bar and to practice law in the county. 30-2-3 | Permanent | |
| ADM. 5 | CORRESPONDENCE - Not case related, general or administrative in nature. | 2 Years | |
| ADM. 6 | ELECTION RECORDS | By Statute and Regulation of the Secretary of State | |
| ADM. 7 | JURY COMMISSION RECORD BOOK (obsolete) - Record of annual meetings of jury commissioners showing date of meeting and commissioners present. | 4 Years | |
| ADM. 8 | MAGISTRATE ORDERS | 1 Year | After copy is entered in the Magistrate Order Book |
| ADM. 9 | MAGISTRATE ORDER BOOK | Permanent | |
| ADM. 10 | MOTIONS FOR JUDGMENT - Any motion that may be filed and is filed separate from a case. If motion is part of a case file, dispose in accordance with retention period for that type of case. | 50 Years | |
| ADM. 11 | STATISTICAL REPORTS - Reports submitted to Supreme Court on caseload (Circuit Court Report and Pending Case Age) and juror usage (JSMR and Term Report) 51-1-17 | 2 Years | |
| CIVIL | |||
| CIV. 1 | ADOPTION ORDER BOOK (confidential) 48-22-704 | Permanent | |
| CIV. 2 | ADOPTION CASE FILES (confidential) - Petitions to the court for the adoption of children, all intermediate pleadings and final decree of the court, showing in addition to the text, name and address of petitioner. | Permanent | |
| CIV. 3 | ALIMONY AND SUPPORT CASES LEDGER (obsolete) This shows name and amount of payment set by the court for all alimony and support cases. | 5 Years | |
| CIV. 4 | CHANCERY FILES - Original papers in cases of chancery, including all orders, pleadings and decrees. Shows name of parties to suit, style of case, names of attorneys, disposition of case and all pleadings entered. | 50 Years | For non- real property cases. Permanent for real property cases, Chief judge must approve disposal with advice from local Bar Committee |
| CIV. 5 | CHANCERY INDEX - Index to Chancery Orders to include reports, orders for payment and other services. 56-4-2 | Permanent | |
| CIV. 6 | CHANCERY ORDER BOOK | Permanent | |
| CIV. 7 | CHANCERY ORDER BOOK FOR SALE OF LAND FOR SCHOOL FUND 11A-4-6 | Permanent | |
| CIV. 8 | CHANCERY ORDERS -Record of orders issued by superior court of law and chancery and Circuit Court. Gives names of parties to suit, date order entered, type of order, and status of case. Includes reports of special commissioners, orders for payment of fees, and other services to court. 56-4-2 | 50 Years. | |
| CIV. 9 | CHANCERY RULE AND PROCESS BOOK - Record of chancery rule days in Circuit Court and record of issuance of chancery process, orders, or decrees in said court. State cases at rules, style of case, date of process, return date, name of person summoned, officer to whom delivered with receipt, execution of process, pleadings. Also shows nature of case, the person to whom and the time it was delivered, or if mailed. 56-4-2 | May be destroyed | |
| CIV. 10 | CHANCERY TRIAL DOCKET | May be destroyed | |
| CIV. 11 | CIVIL APPEALS - All papers and documents dealing with appeals of circuit court civil cases to the Supreme Court. 58-4-7 | See CIV. 14 | Use time periods listed for civil files |
| CIV. 12 | CIVIL DOCKETS - A listing of civil cases pending before the court at a given term of court | 3 Years | |
| CIV. 13 | CIVIL DOCKET BOOKS/SHEETS - A chronological listing of all papers filed with the clerk, process and returns, orders and judgments entered in a given case. R.C.P. 79 (a) | See CIV. 14 | Use time periods listed for civil case files |
| CIV. 14 | CIVIL CASE FILES -
No service of process (any case) Tort case Contract case Real property rights Extraordinary writs, including habeas corpus Miscellaneous Proceedings/Petitions Payment on Accounts Note: The following documents may be disposed apart from the other contents of the file to reduce bulk before long term storage: Witness subpoenas Correspondence concerning scheduling, transmittals, or other administrative matters Envelopes Duplicate Copies R.C.P. 4 | 5 Yrs. after
dismissal order 50 Years 50 Years Permanent 50 Years 10 Years 5 Years if satisfied
| |
| CIV. 15 | CIVIL DISCOVERY R.C.P. 30 (f) (1) | 1 Year | If filed with the court, after disposition returned to attorney or destroyed by order of Chief Judge |
| CIV. 16 | CIVIL CASE EXHIBITS 57-5-11 | 30 Days | After expiration of the appeal period (by court order and with notice to the party/owner) |
| CIV. 17 | CIVIL INDEX R.C.P. 79 (c) | Permanent | |
| CIV. 18 | CIVIL ORDER BOOK R.C.P. 79 (b) | Permanent | |
| CIV. 19 | COURT REPORTER RECORDS IN
CIVIL CASES - Record of the court proceedings
produced by the court reporter or electronic
recording device. Includes notes, tapes and typed
transcripts. Note: All temporary or substitute
reporters must file notes or tapes with clerk for
storage until transcript is requested.
Tapes of Mental Hygiene Hearings | 10 Years
10 years | Note: Original notes or tapes may be destroyed or returned to reporter after typed transcript is certified. |
| CIV. 20 | DELINQUENT LAND BOOK 11A-4-16 | 5 Years | After sale of property, however, permanent retention may be necessary if there is not adequate recordation in the office of the county clerk. |
| CIV. 21 | DOMESTIC RELATIONS DOCKET BOOK/SHEETS - A chronological listing of all papers filed with the court, process and returns, orders and judgments entered in a given case. C.C.P. 79 (a) | See CIV. 22 | Use time periods listed for domestic relations case files |
| CIV. 22 | DOMESTIC RELATIONS CASE FILES -
(confidential)
Divorce Cases
Other Domestic Relations Cases |
20 Years
Permanent if established
20 Years 20 Years | Unless dismissed under R.C.P. 41 (b), then destroy 4 years after dismissal |
| CIV. 23 | DOMESTIC RELATIONS ORDER BOOK R.C.P. 79 (b) | Permanent | |
| CIV. 24 | DOMESTIC RELATIONS CASE INDEX R.C.P. 79 (c) | Permanent | |
| CIV. 25 | EXECUTION OF ORDERS - Record of original writs of execution issued on judgments. Shows names of judgment debtor and creditor, name of attorney, date of judgment, date and amount of execution, court in which rendered, costs, when returnable, to whom delivered, and returns. | 10 Years | |
| CIV. 26 | EXECUTION ORDER BOOK (obsolete) | 10 Years | |
| CIV. 27 | GUARDIANSHIP/CONSERVATORSHIP CASE FILES (confidential) | 75 Years | |
| CIV. 28 | GUARDIANSHIP/CONSERVATORSHIP ORDER BOOK (confidential) | Permanent | |
| CIV. 29 | INTERMEDIATE COURT RECORDS - Records on hand designated as intermediate court records | Refer to specific record series in this retention schedule | |
| CIV. 30 | LAW ORDER BOOKS - Law orders of County Court and Circuit Court in all legal actions. Shows names of parties to suits, names of attorneys, type of case, order of decree issued, date of order and recordation. | Permanent | |
| CIV. 31 | LAW FILES | 50 Years | Permanent if real property |
| CIV. 32 | LAW PROCESS BOOKS - Record or issuance of law process orders or decrees in Circuit Court. Shows nature of case, date and return day, person to whom and the time when it was delivered, or if mailed, date thereof, to whom mailed, and receipt from making delivery. | 50 Years | |
| CIV. 33 | MENTAL HYGIENE CASE FILES - (confidential) | 75 Years | |
| CIV. 34 | MENTAL HYGIENE ORDER BOOK- (confidential) | Permanent | |
| CIV. 35 | PRAECIPE/PROCESS BOOK (obsolete) - Record of writs of summons issued by Clerk of Circuit Court requiring appearance of person or papers in suits as stated on writs. 56-3-6 | May be destroyed at the clerk's discretion | |
| CIV. 36 | RECEIVER'S ACCOUNTS 51-6-12 | 5 Years after entry in receiver's docket | |
| CIV. 37 | RECEIVER'S DOCKET- Copies of reports made by general court receiver of funds in custody of court. Shows itemized accounts of receipts and disbursements. 51-6-12 | Permanent | |
| CIV. 38 | RECIPROCAL SUPPORT LEDGER - (obsolete) | 5 Years | |
| CRIMINAL | |||
| CR. 1 | BOUND OVER CASES - Dismissed in circuit court. Cases bound over from magistrate court to circuit court which are dismissed after 1 year of inaction in circuit court. R. Cr.P. 48 | Returned to prosecutor after dismissal. | If prosecutor declines to accept, destroyed at the discretion of the circuit clerk. |
| CR. 2 | CRIMINAL DOCKET - A listing of criminal cases pending before the court at a given time of court | 3 Years | |
| CR. 3 | CRIMINAL DOCKET BOOKS/SHEETS - A chronological listing of all papers filed with the clerk, process and returns, orders and judgments entered in a given case. | See CR. 4 | Use time periods listed for criminal case files |
| CR. 4 | CRIMINAL CASE FILES - All
documents in criminal proceedings, including the
information or indictment, all pleadings, motions,
orders or decrees, the original pre-sentence
investigation report and other tests or evaluations
performed on the defendant.
Felony Misdemeanor Petitions ancillary to criminal proceedings in magistrate court Note: The following documents may be disposed apart from other contents to reduce bulk before long term storage: Witness subpoenas Correspondence concerning scheduling, transmittals, or other administrative matters Envelopes Duplicate copies |
75 Years 10 Years
| See CIV. 14) |
| CR. 5 | CRIMINAL EXHIBITS 57-5-11 | 30 days after expiration of the appeal period | (by court order and with notice to the party/owner) |
| CR. 6 | CRIMINAL INDEX | Permanent | |
| CR. 7 | CRIMINAL ORDER BOOK R. Cr.P. 55 | Permanent | |
| CR. 8 | COURT REPORTER RECORDS IN
CRIMINAL CASES - Record of the court
proceedings recorded by the court reporter or
electronic recording device. Includes notes, tapes
and transcripts. Note: All temporary or substitute
reporters must leave notes or tapes with clerk for
storage until transcript is requested or notes may
be disposed in accordance with retention
schedule.
51-7-4
Felony |
75 Years
10 Years | Note: Original notes or tapes may be destroyed or returned to reporter after typed transcript is certified. |
| CR. 9 | INDICTMENT BOOK, DRAWER OR ENVELOPE | 75 Years | |
| CR. 10 | INTERMEDIATE COURT RECORDS - Records on hand designated as intermediate court records. | Refer to specific record series in this retention schedule | |
| CR. 11 | WAIVER OF EXTRADITION | 10 Years | |
| FINANCIAL | |||
| FIN. 1 | ACCOUNTING AND FISCAL RECORDS - Includes budget information, travel expense, financial reports and other operational type ledgers and reports. Includes the Monthly Statement of Clerk of the Circuit Court, the remittance to the sheriff. 59-1-30, 59-1-31 | 1 Year | After clearance of audit exceptions |
| FIN. 2 | ATTORNEY'S RECEIPT BOOK - Record of receipts given by attorneys for removal of documents from files for use in preparation of cases. States name of attorney, papers removed, date of removal, and date returned. | Destroy when all documents have been returned | |
| FIN. 3 | BANKING RECORDS - All cancelled checks, void checks, check books, deposits, bank statements, debit and credit memos, and other pertinent banking procedure documents. | 1 Year | After clearance of audit exceptions |
| FIN. 4 | CASH RECEIPTS BOOK OR AUTOMATED DATA RECORD - Record of daily receipts showing name of fund or case date amount, and account debited or credited. 59-1-30 | 1 Year | After clearance of audit exceptions |
| FIN. 5 | CIRCUIT COURT BONDS - Bonds given by court receivers, chancery commissioners, special commissioners, costs, appearance and forthcoming bonds filed with the Clerk of Circuit Court. Shows name of principal, date, amount and condition of bond, names of surety and date admitted to record. | Retain with case file | |
| FIN. 6 | FEE BOOK (CASH JOURNAL) - Clerk's record of fees charged or collected for recordation and other services performed in their office. Gives names of person charged with fee, type of suit, kind of instrument and recordation; also receipts of the office. 59-1-19 | 1 Year | After clearance of audit exceptions |
| FIN. 7 | GRAND JURY PAYMENT RECORDS - Record of jurors summoned for grand jury service, showing name of juror, time served, mileage and amount allowed. 52-2-13 | 4 Years | |
| FIN. 8 | PETIT JURY PAYMENT RECORDS - Record of jurors summoned for petit jury service, showing name of juror, days served, mileage and amount of reimbursement. 52-1-19 | 4 Years | |
| FIN. 9 | PROCUREMENT PROCEDURE RECORDS - Requests for supplies and equipment, receiving reports, invoices, shipping documents, oil and gas tickets, and any other records used in the procurement of supplies equipment, or services. | 1 Year | After clearance of audit exceptions. |
| FIN. 10 | VOUCHERS FOR COURT- APPOINTED COUNSEL 29-21-13a(e) | 1 Year | |
| FIN. 11 | WITNESS BOOKS - (obsolete) - Record of witnesses appearing in court cases, showing date of court term, style of cases, names of witnesses for complainant, names of witnesses for respondent, number of days attended, miles traveled, amount due, and date of payment. | May be destroyed at discretion of clerk | |
| FIN. 12 | WITNESS FEE PAYMENT RECORDS - Vouchers for witness fees, mileage, hotel and/or meal expense payable by the State | 1 Year | After clearance of audit exceptions. |
| FIN. 13 | WORK RELEASE LEDGER - Ledger of individual defendant incarcerated in county jail released on work release. Itemized collections and disbursements of defendant's earnings. 62-11A-1 | 1 Year | After clearance of audit exceptions. |
| JUVENILE | |||
| JUV. 1 | JUVENILE FILES - (confidential) - File may include record of arrest; showing names, addresses, date, time, age, date and place of birth, description, place of arrest, charge, disposition at time of arrest, name of judge, accomplices, arresting officer, remarks and disposition, vehicle, make and model, and license number. Cases are sealed and are not open to public inspection. | 20 Years | After last hearing |
| JUV. 2 | JUVENILE ORDER BOOKS - (confidential) - Record of findings of Circuit Court in all cases of juvenile delinquency. Shows name of minor, date of hearing, charge, and disposition of case. 49-5-17 | Permanent | Whiteout or obliterate any to name of juvenile when the case file is expunged |
| PERSONNEL | |||
| PER. 1 | EMPLOYMENT APPLICATIONS | 2 Years | |
| PER. 2 | PERSONNEL ATTENDANCE RECORDS -Includes time sheets/time cards, compensatory time records, monthly/weekly reports, etc. | 1 Year | After clearance of audit exceptions |
| PER. 3 | PERSONNEL EMPLOYMENT RECORD CARDS -Record card for each employee showing name, address, date of birth, emergency information, beginning and ending dates of employment, social security number, job position, wages, etc. | 5 Years | After termination of employment or longer at the discretion of the clerk |
| PER. 4 | PERSONNEL FOLDERS | 5 Years | After termination of employment or longer at the discretion of the clerk |
Records Management and Preservation Board