Or. Admin. Code § 166-150-0130

Current through Register Vol. 63, No. 12, December 1, 2024

Section 166-150-0130 - Justice and Family Courts

(1)Civil Files Series documents cases heard in the Justice Court relating to small claims and civil filings up to $2500.00. Records include original charge, filing of plaintiff, hearing records, satisfaction, penalty bio-sheet, records of payment, correspondence, motions, judgments, orders, and petitions. (Minimum retention:

(a) Retain records prior to 1940 permanently

(b) Retain records after 1940 6 years as long as there is no outstanding judgment)

(2)Couples Counseling/Mediation Client Files Records document the counseling and mediation process for couples experiencing marital problems or who have formally filed for separation or dissolution. Record may contain information on couples' history, financial information, session notes, reports to the Court, if applicable, and summarizations of any agreements reached by the couple through mediation. (Minimum retention: 6 years after completion of counseling/mediation sessions or dissolution of marriage)

(3)Criminal Files Series documents cases heard in the Justice Court relating to misdemeanors, criminal felonies arraigned and if in custody, and violations. Records include original charge, filing of plaintiff, hearing records, satisfaction, penalty bio-sheet, records of payment, correspondence, motions, judgments, orders, and petitions. (Minimum retention:

(a) Retain records prior to 1940: Permanently

(b) Retain records after 1940: 6 years as long as there is no outstanding judgment)

(4)Docket Books Series used to track cases through the Justice Court. Information includes docket number, plaintiff and defendant names, date filed, and scheduled hearing and trial dates. (Minimum retention:

(a) Retain records prior to 1940: Permanently

(b) Retain records after 1940: 6 years as long as there is no outstanding judgment)

(5)Marriage Records Documents licenses issued and solemnization of marriages by the Justice Court. Includes (Health Division, Vital Records Unit) Record of Marriage, Consent to the Marriage of a Minor, Affidavit that there is no Parent or Guardian in Oregon, Waiver of Waiting Period, and related records. The official copy of the marriage license is filed with the county clerk. (Minimum retention:

(a) Retain Clerk's copy: Permanent

(b) Retain court copy: 1 year after filed with the clerk)

(6)Parent Education Client Files Records document the classes for parents who file for divorce or separation or changes in custody or visitation. Records include payment history, class attendance information, and copy of completion certificate. (Minimum retention: 6 years after class completion)

(7)Search Warrants Series documents an official order issued by the Justice Court to legally search private property to aid in the investigation of law enforcement officials. Information includes judge's name, date, and purpose of warrant. (Minimum retention: Retain 2 years after warrant served or recalled by the court)

(8)Traffic Citations Series is used to document the full payment of traffic fines in court. Information includes citation number, amount paid, whom citation issued to, infraction type, issuing officer, and receipts. (Minimum retention: Retain 3 years after citation paid in full)

(9)Youth and Family Mediation Case Records Record documents mediation provided to families and youths for conflict resolution. Record may contain family and youth backgrounds and histories, any criminal histories, mediator session and case notes and reports, and court reports if applicable. (Minimum retention: Until youth(s) reach 21 years of age)

Or. Admin. Code § 166-150-0130

OSA 4-2004, f. & cert. ef. 9-1-04

Stat. Auth.: ORS 192 & 357

Stats. Implemented: ORS 192.005-192.170 & 357.805 - 357.895