ADMINISTRATIVE ORDER RECORDS RETENTION (Me. 2-1-2003)


Supreme Judicial Court of Maine.
Effective February 1, 2003

JB-02-01
The Judicial Branch maintains a schedule for court records indicating the length of time that various records are to be retained by the courts and addressing their disposition at the conclusion of the on site retention period. Amendments to the Judicial Branch records retention schedule are initiated by the State Court Administrator and presented to the Supreme Judicial Court for review and approval. This order identifies the current Judicial Branch records retention schedule and supersedes all previous orders and schedules.

General Information Regarding Records Retention Schedule

1. For each record type, the schedule indicates the number of years those records are to be retained on site. At the conclusion of the on site retention period, the schedule indicates the number of years, if any, that records are to be retained at the Records Center of the Maine State Archives. Finally, the schedule indicates the ultimate disposal of the records, either at Maine State Archives (A) or by being destroyed (D). All retention periods listed in the retention schedule are stated in years, counted from date of case filing.

2. The retention schedule does not apply until all financial activity is completed. For the purposes of this schedule, financial activity includes fines, counsel fees, fees, costs, and open escrow accounts. The files with fines, counsel fees, fees and costs do not need to remain on site for one year after the final payment.

3. A case file otherwise eligible for destruction or movement to the Records Center must remain on site if there has been any type of court activity within the last year. The case file must stay on site for one year from the date of last court activity. For purposes of this schedule, court activity is defined as judicial review of motions, stipulated agreements, and actions which result in the disposition of a case. Informational filings and associated docket entries are not considered court actions for the purposes of this schedule. Any case with an escrow account must be retained on site until one year has elapsed from the disbursement of that account.

4. Criminal cases are retained according to the most serious classification at the time of filing, e.g. if filed as an A, B, or C Burglary, it shall be retained as an A, B, or C even if plead to a lesser charge such as Criminal Trespass.

5. The misdemeanor retention schedule is retroactive — if files in a court are 5 years or older and all financial activity has been completed, these files may be destroyed.

6. All docket books sent to Archives must include an alphabetical index.

SUPREME JUDICIAL COURT
Record Series/Record Type On Site Record Center Disposal

1. Card Index Permanent

2. Case Files

A. Law Court Appeals 10 20 A

B. Judicial Discipline 10 50 D

C. Opinions of the Justices 10 20 D

D. Bar Discipline 10 50 D

E. Sentence Appeals 10 20 D

F. Single Justice Matters 10 20 D

SUPERIOR COURT and DISTRICT COURT For Cases Filed as of 1/1/97

1. Criminal Records

A. Docket Books with index 25 0 A

B. Card Index Permanent

C. Case Files-Murder 10 15 A

D. Case Files-Felony/ABC 10 15 A

Superior Court-Felony/ABC at time of filing.

District Court-Class A, B, C cases that actually have a Rule 11 hearing in the District Court.

District Court-Class A, B, 5 0 D and C cases that do not have a Rule 11 hearing in the District Court.

E. Case Files-Misdemeanor/DE 10 40 D

Superior Court-Any other (District Court appeals, extradition, etc.)

District Court-includes expunged cases, trial transcripts, extraditions.

F. Reporters’ Notes — Murder 5 25 A

G. Reporters’ Notes — Other 6 0 D

H. Grand Jury Records 10 0 D

I. Pardons 2 0 D

File document with case file. If file in Records Center or Archives transmit document. If file destroyed, retain 2 years on site then destroy.

J. Search Warrant Files 10 0 D

2. Civil Records

A. Docket Books with index 20 0 A

B. Card Index Permanent

C. CV — General Civil: 10 10 D Superior Court

— General Civil: 5 15 D District Court

D. FM — Family Matters 20 0 A

E. SA — Special Actions 5 0 D

F. RE — Real Estate: 10 10 A Superior Court District Court 5 15 A

G. SC — Small Claims/disclosure 5 0 D

H. VI — Civil Violations 1 0 D (also includes removals for Jury Trial)

I. PC — Protective Custody 20 0 A

J. JV — Juvenile Records 10 10 D

K. TI — Traffic Infractions 1 0 D

L. AP — Appeals: 10 10 D

M. Reporters’ Notes 6 0 D

Note that for Family Matter cases with child support orders that the notes or the tape must be kept until the child turns 18 years of age (per Maine statute).

3. Naturalizations — All 0 0 A records

All naturalization books and index files should be delivered to Archives. Index cards, in appropriate file drawer, may be boxed with Naturalization books. This must be indicated on the box.

4. Jury Records — All records 2 0 D

Jury records should be kept in file folders for the month they served and after two years these records should be destroyed.

5. Exhibits
Covered by Administrative Order.

SUPERIOR COURT For Cases Filed Prior to 1/1/97
Record Series/Record Type On Site Record Center Disposal

1. Criminal Records

A. Docket Books with index 25 0 A

B. Card Index Permanent

C. Case Files-Murder 10 15 A

D. Case Files — Felony/ABC 10 15 A

E. Case Files — 5 0 D

Misdemeanor — Any other (District Court appeals, extradition)

F. Reporters’ Notes — Murder 5 25 A

G. Reporters’ Notes — Other 6 0 D

H. Grand Jury Records 10 0 D

I. Pardons 2 0 D

File document with case file. If file in Records Center or Archives transmit document. If file destroyed, retain two years on site then destroy.

2. Civil Records

A. Docket Books 20 0 A

B. Card Index Permanent

C. Case Files — Civil Violations This section is deleted and is now included in Section G

D. Case Files — Divorce 20 0 A

E. Case Files — Divorce Abstracts This section is deleted

F. Case Files — URESA/UIFSA 20 0 D

G. Case Files — Other 10 10 D

H. Reporters’ Notes 6 0 D

Note that for Family Matter cases with child support orders that the notes or the tape must be kept until the child turns 18 years of age (per Maine Statute).

I. Land Cases 10 10 A

3. Naturalizations — All 0 0 A records

All Naturalization books and index files should be delivered to Archives. Index cards may be boxed with Naturalization books.

This must be indicated on the box.

4. Jury Records — All records 2 0 D

Jury records should be kept in file folders for the month they served or were excused. After two years those records should be destroyed and the current records placed in that folder.

5. Exhibits — Covered by Administrative Order.

DISTRICT COURT For Cases Filed Prior to 1/1/971. Criminal Cases, Civil Violations and Traffic Infractions

A. Docket Books with Indices 25 0 A

If index in book and files at Archives.

B. Case Files 5 0 D

Including expunged cases and trial transcripts.

C. Search Warrant Files 10 0 D

D. Arrest Warrant Files, Partial Payment

Files, Summons Files. Only kept in certain courts — generally in active files. Keep active files on site; consider finished documents as part of case file and retain or dispose with case files, as stated above.

E. Pardon Records 2 0 D

File document with case file. If file in Records Center or Archives transmit document. If file destroyed, retain 1 year on site then destroy.

F. Uniform Traffic Ticket is now included in 1. B.

G. Rule 11 “Felony” Records 10 15 A

These “Felony” Records include only those where the case was disposed in District Court by a Rule 11 hearing.

2. Divorce Records — Including separate support cases

A. Docket Books w/ indices 20 0 A

B. Case Files — including mediation reports and trial transcripts 20 0 A

C. Abstract Copies 0 0 D (vital statistics)

3. Family Court Records — Includes family actions other than divorce — such as paternity suits, separations, etc.

A. Docket Books w/indices 20 0 A

B. Case Files — including 20 0 A mediation reports and trial transcripts.

C. Abstract Copies __ ___ ___

4. Small Claims Records

A. Docket Books w/indices 5 0 A

B. Case Files 2 3 D

5. Disclosure Records / Money Judgments

A. Docket Books w/indices 20 0 A

B. Case Files Transcripts 5 0 D

6. Forcible Entry and Detainer

A. Docket Books w/indices 5 0 A

B. Case Files Transcripts 3 2 D

7. Civil Records

A. Docket Books w/indices 20 0 A

B. Case Files Transcripts 5 15 D

C. Land Cases 5 15 A

8. URESA Records

A. Docket Books w/indices 20 0 A

B. Case Files Transcripts 20 0 D

C. Hearing Transcripts 20 0 D

9. Protection from Abuse Records

A. Docket Books w/indices 5 0 A

B. Case Files Transcripts 5 0 D

C. Schedule Books 1 0 D

10. Protection from Harassment Records

A. Docket Books w/indices 5 0 A

B. Case Files Transcripts 5 0 D

C. Schedule Books 1 0 D

11. Mental Health Retardation Records

A. Docket Books w/indices 5 0 A

B. Case Files Transcripts 5 0 A

12. Sterilization Records

A. Docket Books w/indices 5 0 A

B. Case Files Transcripts 5 0 A

13. Protective Custody Records

A. Docket Books w/indices 20 0 A

B. Case Files Transcripts 20 0 A

14. Juvenile Records

A. Docket Books w/indices 20 0 A

B. Case Files Transcripts 10 10 D

15. Marriage Waivers

A. Marriage Waivers 1 0 D

VIOLATIONS BUREAU
1. Case Files
Minimum of 6 ___ D months and until audit completed

COMMITTEE ON JUDICIAL RESPONSIBILITY DISABILITY
1. Case Files 10 25 D

Dated: ____________ ______________________________ James T. Glessner State Court Administrator