Rule 12 - Retention of recordsAll records of magistrate courts shall be retained by the clerk pursuant to the following schedule, in either paper or a microphotographic, digital, or other format which employs a process for image-storing of documents in a reduced size. The format must conform to the applicable policy approved by the Supreme Court Administrative Director.
(a)Traffic and natural resources citations. (Except DUI and driving while revoked for DUI) (1)Dismissed. Retain all records for one year after dismissal and completion of the applicable annual State Auditor's Report pursuant to W. Va. Code § 50-3-8.(2)Failure to appear, no warrant issued. One year after the date of citation, transfer to inactive status; retain all records for five years after date of citation.(3)Failure to appear, warrant issued but unexecuted. One year after date of warrant, transfer case to inactive status, and retain all records for 10 years after date of warrant.(4)Fine assessed but unpaid. Retain all records for five years after last collection effort.(5)Fine paid. Retain all records for one year after payment and completion of the applicable annual State Auditor's Report pursuant to W.Va. Code § 50-3-8.(6)Appeal. Forward all records to the circuit clerk and retain the file transfer sheet signed by the circuit clerk for 10 years.(b)DUI and driving while revoked for DUI.(1) Retain all records for 10 years after dismissal or conviction date.(2)Appeal. Forward all records to the circuit clerk and retain the file transfer sheet signed by the circuit clerk for 10 years.(c)Malicious or unlawful assault; assault; battery; unlawful restraint; domestic assault; and domestic battery. Retain all records for 10 years after conviction or dismissal date; for any case resulting in a conviction or pre-trial diversion dismissal, retain the following records for 75 years after conviction or dismissal date: criminal complaint; arrest warrant or summons; rights/waiver form; bail agreement; and judgment or dismissal order (case history sheet or separate order, whichever is applicable).(d)All other misdemeanors.(1)Dismissed. Retain all records for 10 years after dismissal date(2)Warrant issued but unexecuted. One year after date of warrant, transfer case to inactive status; retain all records for 10 years after date of warrant.(3)Fine assessed but unpaid. Retain all records for 75 years after conviction date.(4)Fine paid and sentence served. Retain all records for 75 years after conviction date.(5)Appeal. Forward all records to the circuit clerk and retain the file transfer sheet signed by the circuit clerk for 10 years.(e) Felonies.(1)Preliminary hearing, probable cause found. Forward all records to circuit clerk clerk and retain the file transfer sheet signed by the circuit clerk for 10 years.(2)Preliminary hearing, no probable cause found. Retain all records for one year.(3)Complaint dismissed prior to preliminary hearing. Retain all records for one year.(4)Preliminary hearing waived. Forward all records to the the circuit clerk and retain the file transfer sheet signed by the circuit clerk for 10 years.(5)Felony dismissed in exchange for plea to misdemeanor. Follow retention schedule for misdemeanors above.(6)Unserved felony warrants. Retain criminal complaint and warrant for 75 years.(f)Civil.(1)Judgment dismissing complaint. Retain all records for one year following dismissal date.(2)Judgment awarding relief. Retain all records for 10 years from last collection activity.(3)Judgment appealed. Forward all records to the circuit clerk and retain the file transfer sheet signed by the circuit clerk for 10 years.(g)Civil Domestic Violence.(1)Denied emergency protective orders. Retain all records in paper or electronic form for 10 years.(2)Granted emergency protective orders. Forward all records to the circuit clerk and retain file transfer sheet signed by the circuit clerk for 10 years.(h)Worthless Check Notices. Retain for one year after receipt of the audit report applicable annual State Auditor's Report and resolution of any audit exceptions.(i)Fugitive from Justice. Forward all records to the circuit clerk; retain file transfer sheet signed by circuit clerk for 10 years.(j)Personal safety cases. Retain all records in paper or electronic form for 10 years. If appealed, forward all records to the circuit clerk and retain transfer sheet signed by the circuit clerk for 10 years.(k)Fiscal/Administrative. Retain all records for one year after receipt of the audit report and resolution of audit exceptions.(l)Miscellaneous records. Retain any other record, including search warrants, for 10 years.(m)Official audit reports. Retain official annual State Auditor's Report for 10 years from the conclusion of the covered audit period.(n)Electronic recordings. For any recorded court hearing not forwarded to the circuit clerk, retain recording for one year after hearing. W.va. R. Admin. Magist. Ct. 12
As amended by order entered and effective May 22, 2007; as amended by order entered and effective 3/11/2015.