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Record
Retention Schedule
Part IV - Case Related Papers
Planning and Development
PART IV - CASE-RELATED
PAPERS
TRIAL EXHIBITS
1. SUPERIOR COURT DEPARTMENT: RULE
14
Trial exhibits are retained for 3
years from the date of trial or hearing, unless previously delivered
to the offering party or confiscated or destroyed by order of the
court.
After 3 years and
after 30 days notice to the offering party, the Clerk may destroy
trial exhibits.
2. DISTRICT COURT DEPARTMENT:
No rule has been promulgated. The following
practice is recommended by the Administrative Office of the District
Court Department. See District Court Bulletin 3-84, Item 10, November
26, 1984.Trial exhibits should be retained for 3
years from the date of trial or hearing, unless previously delivered
to the offering party or confiscated or destroyed by court order.
After 3 years and
after 30 days notice to the offering party, the Clerk may destroy
trial exhibits.Courts that lack adequate storage space may opt for
a shorter retention period but may do so only with the concurrence
of the Presiding Justice and Clerk-Magistrate.
3. PROBATE AND FAMILY COURT DEPARTMENT: SUPPLEMENTAL
RULE 203
Trial exhibits are retained for 1 year
from the date of the trial or hearing, unless delivered to parties
or counsel.After 1 year and
after 30 days notice to the offering party, the Register may destroy
exhibits.
PRESERVATION
OF TESTIMONY
1. STENOGRAPHIC NOTES
All Departments of the Trial
Court: Supreme Judicial Court Rule 1:12
The legal custodian of the records shall
retain original stenographic notes for 6 years
from the original recording date before they may be destroyed.
| Restrictions: |
These notes may not
be destroyed: |
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notes that the court has ordered to be kept.
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notes from which a transcript has been ordered but not completed
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2. ELECTRONIC RECORDATION OF TESTIMONY
Superior Court Department: Standing
Order 2-87 (10)
The Clerk shall retain
for 6 years from the date of original recording
before they may be erased or destroyedRestriction: Unless
the Court has ruled otherwise.
Land Court Department: Standing Order 1-88 (10)
The Clerk shall retain
for 6 years from the date of original recording
before they may be erased or destoyed.
| Restrictions: |
These recordings may not
be destroyed: |
| |
when the matter is pending in court
|
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when the matter is subject to or the subject of any appellate
review
|
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where the court has ruled otherwise
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Probate and Family Court Department:
Supplemental Rule 201 (4)
The Register shall retain
for 3 years from the date of original recording
before they may be erased or destroyed.
| Restrictions: |
These recordings may not
be destroyed: |
| |
the matter is pending or the subject of appellate review
|
District Court Department: Special Rule
211 A (4)
The Clerk shall retain
for 2 1/2 years from the date of original recording
where a judge has presided at:
any trial, evidentiary hearing, guilty plea
or admission to sufficient facts in a criminal or juvenile delinquency
case
any trial or evidentiary hearing of a Care
and Protection matter Retain for 1
year from the date of original recording for all
other matters. Restriction:
When a party has moved to preserve the recording for an
appeal.
Boston Municipal Court Department:
Special Rule 308 A (4) The
Clerk shall retain for 2 1/2 years
from the date of original recording where a judge has presided at:
any trial, evidentiary hearing, guilty plea
or admission to sufficient facts in a criminal or juvenile delinquency
case
any trial or evidentiary hearing of a Care
and Protection matter Retain for 1
year from the date of original recording for all
other matters where a judge has presided.
Restriction: When a party has
moved to preserve the recording for an appeal.
PROBATION RECORDS
1. RECORDS ELIGIBLE FOR DESTRUCTION
Juvenile/adult probation case folder information
provided the individual has had no court activity for 10
years.Index reference cards ( 4x6 blue/buff/salmon) for individuals
who have appeared in court shall be destroyed.
2. SAMPLING PROCEDURES
Retain permanently, a 2% random sample of terminated
case folders (i.e., every 50th case folder). NO
sample of index reference cards shall be maintained. Restriction:
A default is NOT
considered a terminated case.
3. DESTRUCTION OF RECORDS
Records shall be burned, shredded, or torn
so that NO
document or paper, so destroyed, can be restored.The Trial
Court Records Management Coordinator (617) 742-8383 (x344) may arrange
the destruction of eligible records.
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