Part 1 · General Provisions

Rule 26.06. Destruction of Court Records

Amended July 1, 2025 (current) Contains Deadlines

(A) Destruction of records

(1) Subject to the notification and transfer requirements of division (A)(2) of this rule, a record and any back-up copy of a record produced in accordance with Sup.R. 26(F)(3)(a) may be destroyed after the record and its back-up copy have been retained for the applicable retention period set forth in Sup.R. 26.01 through 26.05.

(2) If Sup.R. 26.01 through 26.05 set forth a retention period greater than ten years and the record was created more than fifty years ago, the court shall notify the OHC in writing of the court's intention to destroy the record at least sixty days prior to the destruction of the record. Upon request of the OHC, the court shall transfer the record to the OHC or to a designated agency or institution.

(B) Exhibits

(1) Exhibits containing biological evidence shall be returned to the party who tendered the exhibit after final judgment for retention or destruction in accordance with the Revised Code.

(2) Unless otherwise provided by any other provision set forth in Sup.R 26 through 26.05, exhibits may be destroyed at the conclusion of litigation, including times for direct appeal, if all of the following conditions are satisfied:

(a) The party who tendered the exhibits is notified in writing, at their last known address, that the party may retrieve exhibits, depositions, or transcripts within sixty days from the date of the written notification;

(b) The written notification informs the party that the exhibits will be destroyed if not retrieved within sixty days from the date of the notification;

(c) The written notification informs the party of the location for retrieval.

(3) Exhibits may be destroyed one year following the date from the written notification if the notification is returned addressee unknown, undeliverable, or moved, with no forwarding address.

(4) For cases concluding on or after April 1, 2025, after one year from the conclusion of litigation, including times for direct appeal, exhibits may be destroyed without prior notice to the party who tendered the exhibits. RULES 27-33 are reserved for future use