Rule 26.05. Municipal and County Courts — Records Retention Schedule

(A) Retention schedule for financial records

(1) Auditor reports Auditor of State reports shall be retained permanently.

(2) Separate account of receipts and disbursements records A separate account of receipts and disbursements in civil and criminal cases shall be retained permanently.

(3) Rental escrow account records Rental escrow account records shall be retained for five years after the last date of deposit.

(B) Retention schedule for the index, docket, and journal The index, docket, and journal shall be retained for twenty-five years.

(C) Recordings of proceedings Recordings of proceedings shall be retained for five years after the final judgment in the case.

(D) Judge, magistrate, and clerk drafts, notes, and research Judge, magistrate, and clerk drafts, notes, calendars, and research may be destroyed as soon as they are considered to be of no value by the person holding them.

(E) Retention schedule for case files

(1) Civil case files Civil case files shall be retained for two years after the final judgment and issuance of an audit report by the Auditor of State, unless a longer minimum retention period is established by local rule.

(2) OVI case files Operating a vehicle under the influence of alcohol or drug case files shall be retained for fifteen years after the final judgment. Documents within a case file admissible as evidence of a prior conviction, including evidence that a defendant was represented by counsel or waived their right to counsel, shall be retained for fifty years after the final judgment.

(3) Felony criminal case files Felony criminal case files shall be retained for two years after the final judgment of the municipal or county court.

(4) Misdemeanor criminal case files Except for minor misdemeanor criminal cases, misdemeanor criminal case files shall be retained for fifteen years after the final judgment of the municipal or county court. Documents within a case file admissible as evidence of a prior misdemeanor criminal conviction, including evidence that a defendant was represented by counsel or waived their right to counsel, shall be retained for fifty years after the final judgment.

(5) First through fourth degree misdemeanor traffic files Except for operating a vehicle under the influence of alcohol or drug case files, first through fourth degree misdemeanor traffic files shall be retained fifteen years after the final judgment of the municipal or county court. Documents within a case file admissible as evidence of a prior conviction including evidence that a defendant was represented by counsel or waived their right to counsel, shall be retained for twenty-five years after the final judgment.

(6) Unclassified misdemeanor, minor misdemeanor traffic, and minor misdemeanor criminal case files Unclassified misdemeanor, minor misdemeanor traffic, and minor misdemeanor criminal case files shall be retained for five years after the final order of the municipal or county court.

(7) Parking ticket records Parking ticket records shall be retained until the ticket is paid and the Auditor of State issues an audit report.

(8) Real estate Case files of matters that resulted in a final judgment determining title or interest in real estate shall be retained permanently.

(9) Search warrant records Search warrant records shall be indexed and the warrants and returns retained in their original form for five years after the date of service or last service attempt.