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Home > Courts > Trial Court Departments > District

District Court
Record Retention Schedule

DISTRICT COURT RECORDS RETENTION SCHEDULE
S.J.C. Rule 1:11, as amended September 1, 1991

SUBSECTION
OF RULE

TYPE OF CASE RECORD

MINIMUM RETENTION PERIOD

REQUIRED SAMPLE THAT MUST BE RETAINED

(B)(2)

(B)(3)



(B)(4)
(B)(5)



(B)(12)



(C)(3)

All case files with a thickness of at least 2 inches(1 inch, exclusive of depositions, if flat-filed)

All docket books

All extended records(1) (if any)

All records from periods when both docket books and extended records are missing

All records before 1800

All naturalization & divorce records

All paternity cases under c. 209C (including paternity acknowledgements and agreements)

Exceptions made by the Clerk-Magistrate or Presiding Justice of the court or by the Chief Justice of the District Court

Transcripts of cases decided by the S.J.C.

All such records must be retained permanently. All such records must be retained permanently.
(B)(1) &
(B)(6)

Criminal

Civil

Small Claims

Summary Process

Supplementary Process

Victims of Violent Crimes Compensation

Mental Health

Juvenile Delinquency

Massachusetts-initiated URESA

Abuse Prevention

Other case types not listed elsewhere

5 years after disposition if:

audited, and

Clerk-Magistrate certifies that the corresponding dockets "contain essential information including entries, in those cases in which counsel is required, indicating representation by counsel or waiver of counsel and including, in civil cases, information sufficient to permit execution on a judgment within 20 years after the date of the judgment."

Otherwise, 20 years after final disposition. "Unless the clerk is otherwise notified, any case which has been pending for 20 or more years shall be deemed to have been finally disposed of for more than 20 years."

5% sample for records from 1800 to 1969;

2% sample for records after 1969.
(B)(7)

Care & Protection

Until youngest child is 20.

CHINS

Until case inactive for 5 years.

Massachusetts-responding URESA
Nonsupport Cases under c. 209, § 32F

Until case inactive for 10 years.
(B)(8)

Civil Motor Vehicle Infractions

Parking

Littering

Bicycles

Pedestrians

Municipal Dog Control

Decriminalized Ordinance or By-law Violations

Other Decriminalized Regulatory Offenses

2 years after final disposition, if audited. Random sample of 20 of each type of case for each year.
(C)(3)

Transcripts (except for cases decided by the S.J.C.)

2 years after final disposition. Not applicable.
(C)(4)

Excess papers (e.g., transmittal letters or duplicate copies)

Upon final disposition of case.

1 An "extended record" is a narrative history of a case formerly drawn up by the clerk at the conclusion of the case, elaborating on the docket entries. The practice was abandoned with the increased availability of transcripts for appeal.

 

 



 

 
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Last Updated on January 4, 2010 2:58 PM