Juvenile Court Rules  Juvenile Court Standing Order 2-26: Exhibit retention and access to hospital and medical records

This Standing Order is applicable to all exhibits in paper and electronic formats in Juvenile Court proceedings. This Standing Order is not applicable to nondocumentary exhibits.¹

Exhibits, other than hospital and medical records, which are placed in the custody of the clerk-magistrate shall be retained by the clerk-magistrate for one year after the disposition of the case in which they were introduced, unless sooner delivered to the parties or counsel to whom they respectively belong or by whom they were respectively introduced.

When a hospital or medical record, or any part thereof, is received in evidence in any trial or hearing, the record shall be returned to the hospital or medical provider upon the disposition of the case unless the court otherwise orders or the hospital or medical provider has indicated in writing that the hospital or medical provider does not want the records returned. The clerk-magistrate shall destroy the records in accordance with paragraph (2) of this Standing Order when a hospital or medical provider indicates that the hospital or medical provider does not want the records returned.

If the court orders the retention of the hospital or medical record, it shall remain in the custody of the clerk-magistrate until the court orders otherwise. 

Any proposed exhibits received by the clerk-magistrate that are not introduced as evidence at a hearing or trial shall be immediately returned to the party who proposed the exhibits at the conclusion of the hearing or trial.

Notwithstanding the language in paragraphs (2) and (3) of this Standing Order, exhibits, including hospital and medical records, shall be retained in any case that is appealed until the conclusion of the appellate process.

All access, scanning and copying shall occur in accordance with any applicable court order regarding the records. The clerk-magistrate shall provide access to a hospital or medical record in his/her possession to a party’s attorney for trial or hearing preparation.² The attorney may view the record in the office of the clerk-magistrate and may scan the record on the attorney’s own scanning device. The clerk-magistrate is not required to make copies of the record for the attorney but if the clerk-magistrate makes copies, the attorney shall be charged a fee in accordance with the Trial Court’s Uniform Schedule of Fees. Any pro se party shall receive access to his/her hospital and medical records, as noted above, and shall receive access to any other hospital and medical records in accordance with a court order detailing the type and manner of access.