Rule 21 - Records management and retention(A)Applicability.(1) This rule is intended to provide minimum standards for the production, maintenance, preservation, and destruction of records within the court and to authorize alternative electronic methods and techniques.(2) This rule shall be interpreted to allow for technological enhancements that improve the efficiency of the court and simplify the production, maintenance, preservation, and destruction of court records.(B)Definitions. As used in this rule: (1) "Administrative record" means a record not related to cases of the court that documents the administrative, fiscal, personnel, or management functions of the court.(2) "Case file" means the compendium of original documents filed in an action or proceeding in the court, including the pleadings, motions, orders, and judgments of the court on a case by case basis.(3) "Docket" means the official summary of the proceedings in a case that is maintained by the clerk of the court and contains basic information regarding the case, including the case number and case type, the parties to the case, the attorneys of record, and the chronological list of all documents filed in the case, action taken by the court, and writs and processes issued in the case.(4) "Index" means a reference record used to locate journal, docket, and case file records.(5) "Journal" means a verbatim record of every order or judgment of the court.(6) "OHC" means the Ohio History Connection, State Archives Division.(7) "Record" means any document, device, or item, regardless of physical form or characteristic, created or received by or coming under the jurisdiction of the court that serves to document the organization, functions, policies, decisions, procedures, operations, or other activities of the court.(C)Combined records. Notwithstanding any other provision of the law, the court may combine indexes, dockets, journals, and case files provided that the combination contains the components of the indexes, dockets, journals, and case files as defined in this rule. The court may replace any paper bound books with an electronic medium or microfilm in accordance with this rule.(D)Allowable record media.(1) The court may create, maintain, receive, record, copy, or preserve a record on traditional paper media, electronic media, including text or digital images, or microfilm, including computer output to microfilm.(2) The court may create, maintain, receive, record, copy, or preserve a record using any nationally accepted records and information management process, including photography, microfilm, and electronic data processing as an alternative to paper. The process may be used in regard to the original or a copy of a record if the process produces an accurate record or copy and the process complies with American National Standards Institute ("ANSI") standards and guidelines or, in the event that ANSI standards cease to exist, other nationally accepted records and information management process standards. (a) If the court creates, maintains, receives, records, copies, or preserves a record using a records and information management process in accordance with division (D)(2) of this rule and the record is required to be retained in accordance with the schedules set forth in this rule, the court shall cause a back-up copy of the record to be made at periodic and reasonable times to insure the security and continued availability of the information. If this rule requires the record to be retained permanently, the back-up copy shall be stored in a different location than the record it secures.(b) Records shall be maintained in conveniently accessible and secure facilities, and provisions shall be made for inspecting and copying any public records in accordance with applicable statutes and rules. Machines and equipment necessary to allow inspection and copying of public records, including public records that are created, maintained, received, recorded, copied, or preserved by an alternative records and information management process in accordance with division (D)(2) of this rule, shall be provided.(c) In accordance with applicable law and purchasing requirements, the court may acquire equipment, computer software, and related supplies and services for records and information management processes authorized by division (D)(2) of this rule.(d) Paper media may be destroyed after it is converted to other approved media in accordance with division (D) of this rule.(E)Destruction of records.(1) Subject to the notification and transfer requirement of division (E)(2) and (3) of this rule, a record and any back-up copy of a record produced in accordance with division (D)(2) of this rule may be destroyed after the record and its back-up copy have been retained for the applicable retention period set forth in this rule.(2) If this rule sets forth a retention period greater than three years for a record, the court shall notify the OHC in writing of the court's intention to destroy the record at least sixty days prior to the destruction of the record.(3) After submitting a written notice in accordance with division (E)(2) of this rule, the court shall, upon request of the OHC, cause the record described in the notice to be transferred to the OHC, or to an institution or agency that meets the criteria of the OHC, in the media format designated by the OHC.(F)Exhibits, depositions, or transcripts. At the conclusion of litigation, including times for direct appeal, the court or custodian of exhibits, depositions, or transcripts may destroy exhibits, depositions, and transcripts if all of the following conditions are satisfied:(1) The court notifies the party that tendered the exhibits, depositions, or transcripts in writing that the party may retrieve the exhibits, depositions, or transcripts within sixty days from the date of the written notification;(2) The written notification required in division (F)(1) of this rule informs the party that tendered the exhibits, depositions, or transcripts that the exhibits, depositions, or transcripts will be destroyed if not retrieved within sixty days of the notification;(3) The written notification required in division (F)(1) of this rule informs the party that tendered the exhibits, depositions, or transcripts of the location for retrieval of the exhibits, depositions, or transcripts;(4) The party that tendered the exhibits, depositions, or transcripts does not retrieve the exhibits, depositions, or transcripts within sixty days from the date of the written notification required in division (F)(1) of this rule.(G)Other records. Any record that is not listed in this rule but is listed in a general retention schedule established pursuant to section 149.331 of the Revised Code may be retained for the period of time set by the general retention schedule and then destroyed.(H)Extension of retention period for individual case files. The court may order the retention period for an individual case file extended beyond the period specified in this rule.(I)Retention schedule for the administrative records of the court. The following retention schedule shall apply for the administrative records of the court: (1)Administrative journal. Administrative journals that consist of court entries, or a record of court entries, regarding policies and issues not related to cases shall be retained permanently.(2)Annual reports. Two copies of each annual report shall be retained permanently.(3)Bank records. Bank transaction records, whether paper or electronic, shall be retained for three years or until the issuance of an audit report by the auditor of state, whichever is later.(4)Cash books. Cash books, including expense and receipt ledgers, shall be retained for three years or until the issuance of an audit report by the auditor of state, whichever is later.(5)Copies and duplicates. Copies and duplicates that are used for informational purposes and for which the official record is located elsewhere may be destroyed in the normal course of business as soon as they are considered to be of no value by the person holding the copies and duplicates.(6)Correspondence and general office records. Correspondence and general office records, including all sent and received correspondence, in any medium, may be destroyed in the normal course of business as soon as they are considered to be of no value by the person holding the records.(7)Drafts and informal notes. Drafts and informal notes consisting of transitory information used to prepare the official record in any other form may be destroyed in the normal course of business as soon as they are considered to be of no value by the person holding the drafts and informal notes.(8)Employment applications for posted positions. Employment applications for posted or advertised positions shall be retained for two years.(9)Employee benefit and leave records. Employee benefit and leave records, including court office copies of life and medical insurance records, shall be retained for three years or until the issuance of an audit report by the auditor of state, whichever is later.(10)Employee history and discipline records. Records concerning the hiring, promotion, evaluation, attendance, medical issues, discipline, termination, and retirement of court employees shall be retained for ten years after termination of employment.(11)Fiscal records. Fiscal records, including copies of transactional budgeting and purchasing documents, shall be retained for three years or until the issuance of an audit report by the auditor of state, whichever is later.(12)Payroll records. Payroll records of personnel time and copies of payroll records maintained by another office or agency shall be retained for three years or until the issuance of an audit report by the auditor of state, whichever is later.(13)Publications received. Publications received by the court may be destroyed in the normal course of business as soon as they are considered to be of no value by the person holding the publications.(14)Receipt records. Receipt and balancing records shall be retained for three years or until the issuance of an audit report by the auditor of state, whichever is later.(15)Requests for proposals, bids, and resulting contracts. Requests for proposals, bids received in response to a request for proposal, and contracts resulting from a request for proposal shall be retained for three years after the expiration of the contract that is awarded pursuant to the request for proposal.(J)Required Records.(1) The court shall maintain an index, docket, journal, and case files in accordance with this rule.(2) Upon the filing of any paper or electronic entry permitted by the court, a stamp or entry shall be placed on the paper or electronic entry to indicate the day, month, and year of the filing.(K)Retention schedule for the index, docket, and journal. The index, docket, and journal of the court shall be retained permanently.(L)Retention schedule for case files.(1)Civil actions. All case files of civil actions shall be retained for three years after dismissal or final order.(2)Claims for reparations.(a) Case files of claims for reparations filed on behalf of a minor victim shall be retained for at least three years after the minor reaches the age of majority.(b) Case files of claims for reparations filed with respect to deceased victims shall be retained for at least twenty-two years after the date of the death of the victim.(c) All other case files of claims for reparations shall be retained for six years after the last court award or order.(3)Court and clerk notes, drafts, and research. Court and clerk notes, drafts, and research prepared for the purpose of compiling a report, opinion, or other document or memorandum may be kept separate from the case file, retained in the case file, or destroyed at the discretion of the preparer.