Record Retention Rules for Courts Revised

Changes have been approved to rules that govern record retention by courts.

The amendments to the Rules of Superintendence for the Courts of Ohio address how records must be preserved and the minimum time required to keep the records. The updated rules affect courts of appeals; the general, domestic-relations, and juvenile divisions of the common pleas courts; probate courts; and county and municipal courts.

The approved changes took effect April 1. They:

• Streamline and consolidate records retention definitions that were previously repeated in multiple sections.
• Modernize the rules by clarifying that once a record is preserved electronically, any paper copies may be destroyed.
• Shorten retention periods where possible and appropriate.
• Clarify that only records of cases in which the death penalty has been imposed must be retained permanently.
• Shift the burden for seeking the return of exhibits to parties rather than the courts.
• Unify retention periods established in the rules with those found in the Revised Code.

When proposed, the rules were published for public comment for 45 days. The Commission on the Rules of Superintendence reviewed the comments and revised the rule amendments. Among the revisions, the commission restored the requirement to notify the Ohio History Connection before destroying records with a retention period greater than 10 years and created more than 50 years ago. Also, the commission removed transcripts and depositions from Sup.R. 26.06, regarding the destruction of court records, and added Sup.R. 26.03(D)(6), which specifies a retention period based on the type of felony conviction.

The commission submitted the updated proposed rule amendments to the Supreme Court of Ohio for consideration, and the Supreme Court approved them.