Rule 8.04 - Records Retention And Destruction ScheduleRetention periods reflected in this schedule represent the minimum amount of time that records must be retained by the courts. Retention periods reflected in the schedule may be met by retaining records in electronic, paper, or archival quality microfilm format.
8.04.1 Appellate Court Cases Retention periods for case types and documents referenced below apply to all other documents in the case file not purged prior to storage or microfilming.
(a) Case indexes for all appellate cases: permanent (index records that are stored as electronic data in an approved automated case management system where the information is properly documented and backed-up may be retained permanently in that electronic format).(b) Exhibits: after case disposed and 30 days after notice to parties; (c) Daily and monthly minutes: one year after date of entry; (d) Financial records: five years or upon completion of audit if sooner;(e) Writs: 10 years after issuance or denial of petition; (f) Civil cases: 10 years after case disposed; (g) Criminal cases, including motions for post-conviction relief under Rules 27.26, 29.15 and 24.035: (1) When the sentence is 10 years or shorter: 10 years after case disposed; (2) When the sentence is longer than 10 years and shorter than 25 years: 25 years after the case is disposed.(3) When sentence is 25 years or longer: 50 years after case disposed.(h) Transcripts: retained with case file; (i) Other records: as provided by local court rule.8.04.2 Circuit Court Criminal Cases Retention periods for case types and documents referenced below apply to all other documents in the case file not purged prior to storage or microfilming.
(a) Index records and docket or backer sheet for all criminal cases: permanent (index records that are stored as electronic data in an approved automated case management system where the information is properly documented and backed-up may be retained permanently in that electronic format). (b) Case resulting in dismissal (of all charges):(1) Minor infraction, traffic, watercraft or conservation: (excluding more serious traffic or watercraft offenses): retain charging document, amendments to the charging document and final disposition, (if other than docket or backer sheet) for three years after the case is disposed.(2) For all other cases: retain charging document, amendments to the charging document and final disposition (if other than docket or backer sheet) for five years after the case is disposed.(3) Felony - remainder of case file: one year after the case is disposed.(4) Misdemeanor or infraction - remainder of case file: six months after the case is disposed.(c) Case resulting in acquittal, conviction, judgment or suspended imposition of sentence: (1) Judgment record and judgment index for all case types within COR 8.04.2(C): permanent; (2) Minor infraction, traffic, watercraft or conservation, (excluding more serious traffic or watercraft offenses): three years after the case is disposed.(3) Misdemeanor (includes more serious traffic offenses, e.g., driving while intoxicated, boating while intoxicated, blood alcohol content, driving while revoked, driving while suspended, driving without a valid license, leaving the scene of an accident, fleeing or attempting to elude an officer; excludes minor infraction, traffic, watercraft, or conservation): (A) Charging document, any amendments to charging document and waiver of counsel, if applicable: 50 years after the case is disposed; (B) Remainder of case file: 12 years after case disposed;(4) Felony: (A) With a sentence other than life or death: 50 years after case is disposed;(B) With a sentence of life or death: permanent. (d) Video recording of arraignments, hearings, proceedings and sentencing (as identified in section 561.031, RSMo): three years from the date of event; (e) Request or order for destruction of evidence when no case is filed: three years after date of request or order; (f) Treatment Court case file: five years after the treatment case is disposed; (g) Search warrant when no case is filed: 10 years after the date of filing; (h) Extradition proceedings to another state, including waiver: 10 years after the case is disposed.8.04.3 Circuit Court Civil and Domestic Relations Cases Retention periods for case types and documents referenced below apply to all other documents in the case file not purged prior to storage or microfilming.
(a) All index records and docket sheet or backer sheet for all civil and domestic relations cases: permanent (index records that are stored as electronic data in an approved automated case management system where the information is properly documented and backed-up may be retained permanently in that electronic format).(b) Case resulting in dismissal: (1) Petition and final disposition (if other than docket sheet): 10 years after the case is disposed.(2) Remainder of case file: two years after final disposition;(C) Case resulting in judgment:(1) Judgment record and judgment index for all case types in COR 8.04.3(C): permanent. (2) Mechanics' liens, if no suit to enforce: one year after filing; (3) Limited driving privilege: five years after the case is disposed.(4) Refusal of a breath test: 10 years after case disposed;(5) Adult abuse, child protection and habeas corpus: 12 years after the case is disposed.(6) Administrative review (excluding limited driving privilege and refusal of breath test), contract (including suit for specific performance), extraordinary remedy (including but not limited to mandamus, quo warranto, injunction, temporary restraining order; excluding habeas corpus), real estate (suit to enforce mechanics' lien, landlord complaint, rent and possession, unlawful detainer), small claims, tort: 12 years after final judgment or 12 years from date judgment is revived, whichever is later.(7) Transcript judgments (including Department of Revenue Liens): 12 years after final judgment or 12 years from date judgment is revived, whichever is later. Comment: Original judgment at associate division level is also retained permanently in the judgment index.(8) Eminent domain, exception, foreclosure, partition, and other real estate: permanent if judgment is entered; (9) Post-conviction relief: same as underlying case file; (10) All domestic relations (excluding adult abuse and child protection): (A) Administrative enforcement documents (including but not limited to wage withholding, administrative order on existing order): destroy upon receipt or no further value.(B) Administrative orders regarding child support (establishment and modification): permanent;(C) All other cases: permanent.(11) Receivership: 25 years after the case is disposed.8.04.4 Probate Cases Retention periods for case types and documents referenced below apply to all other documents in the case file notpurged prior to storage or microfilming.
(a) All index records and docket sheets for all probate cases: permanent; (Index records that are stored as electronic data in an approved automated case management system, such as JIS, where the information is properly documented and backed-up may be retained permanently in that electronic format).(b) Purported wills not admitted: three years after death; (c) Involuntary civil commitment (1) All records on 96-hour detention, evaluation and treatment and petitions for electroconvulsive therapy:five years after the case is disposed.(2) All records on petitions for 21-day, 30-day, 90-day, 180-day, and 1-year additional detention:permanent.(d) Trusts: 25 years after the case is disposed.(e) Sexual predator: permanent;(f) Decedents' estates, wills admitted, guardianship and/or conservatorship of adults and minors: permanent; (g) Receipts and Vouchers associated with settlements: Receipts and vouchers associated with settlements which are filed with the court in paper copy shall be treated in substantially the same manner as evidentiary exhibits retained by the court after trial in civil cases. If receipts and vouchers have been filed with the court in paper copy, the filing party may retrieve them from the court within 90 days after approval of the settlement, unless the court directs in a particular case that they be retained in the court file for a different period of time. Unless such receipts and vouchers are removed from the custody of the clerk within this time, and upon prior notice to the filing party, they may be destroyed or disposed of by the clerk at any time thereafter. (The settlements themselves, if filed on paper, shall not be destroyed or disposed of, unless they shall have been scanned or otherwise made part of the official electronic record of the case pursuant to Supreme Court Rule 103.03(b).) It shall be the responsibility of the filing party to retain such receipts and vouchers until the case shall have become final for all purposes, including the final determination of any appeals, in order that said receipts and vouchers may be made available upon order of the trial court, or in accordance with Supreme Court Rule 81.16 in the event of an appeal. If receipts and vouchers have been filed with the court electronically as attachments to a settlement or made part of the official electronic record of the case by court personnel pursuant to Supreme Court Rule 103.03(b), the retention period shall be five years after the approval of the final settlement in the case, unless the court directs that they be retained for a longer period of time.
(h) Application for conditional release: same as the underlying case file.8.04.5 Juvenile Cases Retention periods for case types and documents referenced below apply to all other documents in the case file not purged prior to storage or microfilming.
(a) All index records and docket sheets for all juvenile cases: permanent (index records that are stored as electronic data in an approved automated case management system where the information is properly documented and backed-up may be retained permanently in that electronic format).(b) Social records other than the official court file: pursuant to section 211.321, RSMo, or until juvenile reaches age 21 years, whichever is sooner. (c) Status offense, abuse and neglect, and petition for abortion: until juvenile reaches age 23.(d) Treatment Court case file: five years after the treatment case is disposed.(e) Delinquency - adjudicated non-felony offense if committed by adult: until juvenile reaches age 23.(f) Delinquency - adjudicated felony offense if committed by adult: 50 years after the case is disposed.(g) Adoption and termination of parental rights: permanent. 8.04.6 Municipal or County Ordinance Cases (Includes Certification and Trial de Novo) Retention periods for case types and documents referenced below apply to all other documents in the case file notpurged prior to storage or microfilming.
(a) All index records for all ordinance cases: permanent (index records that are stored as electronic data in anapproved automated case management system or as required by Court Operating Rule 4.14.3 where theinformation is properly documented and backed-up may be retained permanently in that electronic format).(b) Case resulting in dismissal (of all charges):(1) Charging document, amendments to the charging document, docket or backer sheet, and disposition: three years after the case is disposed.(2) Remainder of case file: six months after the case is disposed.(c) Case resulting in acquittal, conviction, judgment or suspended imposition of sentence: (1) Judgment record, judgment index for all case types within COR 8.04.6(C): permanent; (2) Stealing and driving while intoxicated, blood alcohol content: (A) Charging document, any amendments to the charging document, docket sheet or backer sheet and waiver of counsel, if applicable: 50 years after the case is disposed.(B) Remainder of case file: 12 years after the case is disposed.(3) Other serious ordinance offenses (e.g. driving while revoked, driving while suspended, leaving the scene of an accident, fleeing or attempting to elude an officer, driver license violations, fraud, burglary, assault and other ordinance offenses involving non-traffic related damage to a person or property): 12 years after the case is disposed (including docket or backer sheet).(4) All other ordinance cases and parking tickets: three years after the case is disposed (including docket sheet or backer sheet). (d) Request or order for destruction of evidence when no case is filed: three years after date of request or order; (e) Search warrant when no case is filed: ten years after date of filing; 8.04.7 Other Records of Divisions of the Circuit Court (a) Court calendars: destroy;(b) Marriage records of application or order for marriage license waivers (obsolete): 30 days after filing; (c) Financial records (including jury payment records): five years or until completion of a state audit, if sooner;(d) Execution book and index and minute book (obsolete): five years after last entry (if the minute book serves as the court record, the book must be retained permanently); (e) Record books - probate (e.g., register, abstract of claims, bonds, letters, inventories, settlements, minutes): 30 years after last entry (if the record books serve as the court record, the books must be retained permanently).(f) Official court reporters' notes (paper, digital, or tapes), sound recordings, sound recording logs, electronic copy of dictionary:(1) A full transcript is prepared: after the appellate case is disposed.(2) No full transcript is prepared (maintain in original format) for the following case types: (A) Involuntary civil commitment, petition for electroconvulsive therapy: five years after hearing.(B) Municipal or county ordinance: five years after hearing.(C) Misdemeanor or infraction: 10 years after hearing.(D) Civil, domestic relations, juvenile, decedents' estates, guardianship and/or conservatorship of adults and minors: 15 years after hearing.(E) Application for conditional release, sexual predator, trust, and felony: 20 years after hearing.(g) Grand and petit jury records: (1) Qualification questionnaire (other than case specific questionnaire), summons, applications for postponement or disqualification or excuse from service: one year after end of jury term.(2) Case specific questionnaires: one year after judgment or end of jury term if disposed without a verdict.(3) Grand jury reports: two years after date of report.(4) Master list: five years after compilation of the list;(5) Qualified jury panel list: same as underlying case file;(h) Court record book or permanent record book (obsolete): permanent unless a duplicate of the docket sheet, then destroy;(i) Judgment records, records of marriages performed, special district files (e.g. water, sewer, fire), pro forma decrees of incorporation: permanent.(j) Citizenship records (declaration of intention, naturalization): permanent. (k) Passport records: two years after the date of processing.8.04.8 Administrative Records (a) Personnel records maintained by the court: (1) Applications: three years from date position vacancy is posted.(2) Personnel files: three years from date of termination of employee. (b) Administrative orders and directives of the local court en banc: until superseded, rescinded or of no further value; (c) Court en banc minutes: permanent;(d) Statistical reports: destroy when of no further value; (e) Administrative records not otherwise specified above, including general correspondence: destroy when of no further value. 8.04.9 E-Mails generated by e-filing sysem when documents are tendered and accepted For Filing The electronic filing system automatically generates e-mails to counsel of record when a document is tendered and accepted for filing. These e-mails do not contain or attach copies of the document tendered or accepted for filing. Copies of these e-mails shall be maintained in the master electronic filing mailbox maintained by OSCA and in an electronic filing mailbox for the trial or appellate court in which the filing was made. These e-mails shall be maintained according to the following retention schedule:
Type of e-mail | Master Retention Period (months) | Circuit/Court Retention Period (months) |
Accepted | 1 | 24 |
Automated Filing Complete | 1 | 24 |
Automated Filing Return | 1 | 24 |
eNotice | 1 | 24 |
eService | 1 | 24 |
Hold | 1 | 24 |
My Drafts Notification | 1 | N/A |
Recall | 1 | 24 |
Receipt of Filing | 1 | 24 |
Returned | 1 | 24 |
The electronic filing system also generates eService and eNotice certificates. Because these become part of the case record, they are subject to the retention schedule otherwise provided in Court Operating Rule 8 and not the retention schedule above.
Amended April 11, 2011, effective 1/1/2012; Adopted May 2, 2016, eff. 7/1/2016; Amended May 11, 2018, effective 7/1/2018; amended August 15, 2023, effective 9/1/2023.