Trial Court record retention schedule

The Trial Court Record Retention Schedule was originally published in March 1982 and updated in September 1991. While the former addressed only the retention of administrative records, the latter added retention requirements for case papers, testimony, and trial exhibits. Certain changes and refinements to records retention requirements have been incorporated into this revision of the Schedule. These changes, together with formal instructions for transferring and retrieving records to/from the records storage centers, should further streamline records management practices throughout the Trial Court. Procedural steps remain the same for retaining, sampling, and destroying cases.

If an administrative record generated by your court is not listed in the Schedule, then the retention period should be the same as for a listed record that performs the same or similar function.

Different case types may have varying restrictions and retention periods. Attempting to identify restrictions "after the fact" has proved to be an impediment to destruction of case papers. It is suggested that courts develop systems or methods to identify or "tag" restricted cases while the case is still active, either at the time of origination or at the time of final disposition, depending on the restriction and ease of method.

If you are seeking a Trial Court record, please go to the Office of the Clerk Magistrate or Register of Probate where your proceeding was heard, for assistance.

Audit - Examination of a court's records or accounts by the Office of the State Auditor OR the Trial Court Internal Auditors. The audit period stated refers to the time period after the clearance of the audit. An audit is considered "cleared" when questions raised by the audit have been reviewed and resolved.

Extended Record - Narrative history of a case compiled by the Clerk that includes the court name, year and term, the names of justices sitting for the term, names of plaintiffs and defendants, type of action (criminal or civil), damages sought and summaries of the cases.

Judicial Archives - Managed by the Supreme Judicial Court and located at the State Archives in Boston, it preserves court records of historical significance.

Legal Custodian - Person empowered by statute with the care and custody of records, books, papers, filed or deposited in their respective offices: Clerk-Magistrates (G. L. c. 221, s. 2); Registers of Probate (G. L. c. 217, s. 15); Land Court Recorder (G. L. c. 185, s. 7); Probation Officers (G. L. c. 276, s. 85); Jury Commissioner (G. L. c. 234A, s. 72). Only the legal custodian may provide certified copies of original records.

Microforms - Generic term for media containing microimages of information (e.g. roll microfilm, microfiche, aperture cards, etc.).

Oversample - Any file over a certain thickness specified in the Schedule which is retained permanently in addition to the designated statistical sample. Such files are presumed important due to their large volume.

Record - Information in any format that documents an action or chronicles official duties or obligations (e.g. forms, papers, books, photographs, index cards, microforms, drawings, audiotapes, videotapes, etc.).

Record Series - Term used interchangeably with Record Type (e.g. civil docket books, criminal docket books, civil file papers, criminal file papers, etc.).

Record Storage Centers - Administrative Office of the Trial Court - operated sites in East Brookfield, Newburyport, and Worcester where non-current records are stored before they are transferred to the Judicial Archives or destroyed. Records may be retrieved by the legal custodian or reviewed on site.

Retention Period - Life span of a record or the minimum time the record must be kept. Clerks and judges are encouraged to retain case papers of local significance, whether or not the papers must be retained under Rule 1:11.

Sample - Portion of a record series that is retained permanently as a representative cross section of that series. Records series that are eligible for sampling and the particular cases that comprise the sample are specified in the Record Retention Schedule.

Fiscal Records and Forms

1. Audit Forms

2. Budget Forms

3. MMARS/Accounting Forms

4. Payroll

5. Procurement

Personnel Records and Forms

1. Appointment and Promotion Documents

2. Employee Disability Documents

3. Termination Documents

4. Unemployment Compensation Documents

5. Miscellaneous Personnel Documents

6. Inactive Personnel Files

Miscellaneous Administrative Records

Trial Exhibits

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.

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.

Probate and Family Court Department: Supplemental Rule 26

Exhibits which are placed in the custody of the register shall be retained by him for one year after the trial or hearing at which they were used, unless sooner delivered to the parties or counsel to whom they respectively belong or by whom they were respectively presented or introduced. If in doubt as to the party or counsel entitled to delivery, the register may require an agreement of parties or counsel or order of the court, before delivery. The register may destroy or discard such exhibits, but not earlier than thirty days after notice by him to the party presenting or introducing such exhibits, requesting him to remove them, nor earlier than one year after such trial or hearing.

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:

• Notes that the court has ordered to be kept.
• Notes from which a transcript has been ordered but not completed

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 destroyed. 

Restriction: 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 destroyed.

Restrictions: These recordings may not be destroyed:

• When the matter is pending in court
• When the matter is subject to or the subject of any appellate review
• Where the court has ruled otherwise

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

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.

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.

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.