Mo. Sup. Ct. Op. R 8.02

As amended through June 4, 2024
Rule 8.02 - Definitions
(a) Confidential Records. Such records include:
(1) Case records that are closed to the public by chapter 577 and 610, RSMo;
(2) Mental health records under chapters 630, 631 and 632, RSMo;
(3) Records pertaining to sexually violent predators, required to be sealed under section 632.513, RSMo;
(4) Juvenile division records under section 211.321, RSMo, and Rules 122.02 and 122.04;
(5) Adoption records under section 453.120, RSMo;
(6) All papers and records, other than the interlocutory or final judgment, in paternity cases under section 210.846, RSMo;
(7) Records of any grand jury proceedings under chapter 540, RSMo;
(8) No true bills;
(9) Criminal psychiatric evaluations under section 552.020.13, RSMo;
(10) Pre-sentence investigations and probation and parole reports under Rule 29.07;
(11) Treatment court division records treated confidentially by statute or federal regulation;
(12) Motions, court orders, and test results for sexually transmitted diseases that are required to be sealed under section 545.940, RSMo;
(13) Jury questionnaires maintained by the court in criminal cases under Rule 27.09;
(14) Information that identifies a person as an applicant or recipient of IV-D services under sections 454.440 and 208.120, RSMo;
(15) Search warrant until the warrant is returned or expires;
(16) Filing information sheets COR 4.07;
(17) Information that identifies a person as a victim of a sexual offense under section 595.226, RSMo; or
(18) Any other record sealed or closed by statute, rule or order of a court of record for good cause shown.
(b) Custodian of Records. The custodian of records is presumed to be the clerk of the court; however, the custodian may be specifically designated by local court rule or by the appointing authority of the office in which such records originated (e.g., juvenile office, drug or treatment court).
(c) Destruction or Destroy. To render illegible by any method.
(d) Disposed Cases.
(1) Appellate cases are considered disposed upon a mandate being issued or upon entry of a written order dismissing the case.
(2) Civil cases are considered disposed when the case is voluntarily dismissed under Rule 67.02 or a final judgment is entered. A judgment is considered final:
(A) when the time for appeal has expired and no appeal has been made; or
(b) if an appeal has been made, when the mandate or dispositional order of the appellate court has been filed in the circuit court.
(3) Criminal cases are considered disposed upon acquittal, dismissal or nolle prosequi, or after sentencing upon a plea of guilty or finding of guilt; and
(A) when the time for appeal has expired and no appeal has been made; or
(B) if an appeal has been made, when the mandate or dispositional order of the appellate court has been filed in the circuit court.
(4) Domestic relations cases are considered disposed when the case is voluntarily dismissed under Rule 67.02 or a final judgment is entered. A judgment is considered final:
(A) when the time for appeal has expired and no appeal has been made; or
(B) if an appeal has been made, when the mandate or dispositional order of the appellate court has been filed in the circuit court.
(5) Status offense, delinquency, and abuse and neglect cases are considered disposed when the jurisdiction of the juvenile division terminates. Unless terminated sooner by the court, jurisdiction terminates as a matter of law at age 21. Adoption and termination of parental rights cases are considered disposed when final judgment is entered. A judgment is considered final:
(A) when the time for appeal has expired and no appeal has been made; or
(B) if an appeal has been made, when the mandate or dispositional order of the appellate court has been filed in the circuit court.
(6) Municipal/county ordinance cases are considered disposed upon acquittal, dismissal or nolle prosequi, or after sentencing upon a plea of guilty or finding of guilt; and
(A) when the time for an appeal or application for trial de novo has expired and no appeal or application has been made; or
(B) if an appeal has been made, when the mandate or dispositional order of the appellate court has been filed in the circuit court; or
(C) if an application for trial de novo has been filed, when the dispositional order has been filed in the municipal or associate division where the case originated.
(7) Probate cases are considered disposed as follows:
(A) Abbreviated matters under chapter 473, RSMo, are considered disposed when the order is entered.
(B) Decedents' estates, guardianships, and conservatorships are considered disposed when the personal representative, guardian, or conservator is discharged.
(C) Trust case files and all other probate proceedings are considered disposed when the case is voluntarily dismissed under Rule 67.02 or a final judgment is entered. A judgment is considered final:
(i) when the time for appeal has expired and no appeal has been made; or
(ii) if an appeal has been made, when the mandate or dispositional order of the appellate court has been filed in the circuit court.
(D) Involuntary civil commitment cases are considered disposed when the order of commitment, or any extension thereof, is entered.
(E) Sexually violent predator cases are considered disposed when the individual is unconditionally released or deceased.
(8) Treatment court cases are considered disposed at the time of graduation, termination, administrative discharge, death, voluntary withdrawal or dismissal of the participant.
(e) Electronic Records. Records stored in an automated case management system approved by the Missouri Court Automation Committee or State Judicial Records Committee.
(f) Financial Records. Records maintained by the custodian of records to account for all monies received into and disbursed by the court. These records may include, but are not limited to:
(1) Account ledgers;
(2) Bank statements and reconciliations;
(3) Cancelled and voided checks;
(4) Check registers;
(5) Deposit slips;
(6) Fee bills;
(7) Monthly reports of fees or fines;
(8) Copy or record of the receipts;
(9) Receipt and disbursement control journals; and
(10) Cancelled vouchers, warrants, requisition and purchase orders, and other similar records that reflect financial transactions of the court.
(g) Index Record. A searchable list of all cases and parties as required pursuant to COR 4.
(h) Judgment Index. A searchable list of judgment information for each case pursuant to COR 4 and section 511.640, RSMo.
(i) Judgment Record. The court document that contains the official decision or determination of a court proceeding, excluding voluntary dismissals operative upon filing.
(j) Microfilm. Film-based storage media containing reduced-size images that are eye-readable utilizing light and magnification. This method of record storage may replace paper records for permanent retention purposes, provided it complies with the Secretary of State's archival standards.
(k) Microfilming. The reproduction on film of the original document maintained in a manner consistent with the microfilm guidelines approved by this Court and incorporated by reference.
(l) Open Records. Cases that may be viewed by the public.
(m) Permanent. Retain forever in either paper or archival quality microfilm format.
(n) Record. This includes but is not limited to: any document, information, or other thing that is maintained by a court in connection with a judicial proceeding, and any index, calendar, docket, register of actions, official record of the proceedings, order, decree, judgment, minute, and any information in a case management system created or prepared by the court that is related to a judicial proceeding. This excludes data maintained by or for a judge pertaining to a particular case or party, such as personal notes and communications, memoranda, drafts, or other working papers or information gathered, maintained, or stored by a government agency or other entity to which the court has access but which is not entered into the record.
(o) Records that contain the social information of a juvenile, whether in the court file or in possession of the juvenile office. This includes, but is not limited, to social studies, background information, treatment and evaluations of medical and psychological information, investigations into family history and placements, detention records, property logs or similar type documents, informal juvenile case records and probation summaries to the court. It is detailed information of the juvenile and family to assist the court in making proper decisions for placement, services, sanctions, and permanency. This information is not to be provided to the public and is usually separate from official court records or maintained in a confidential manner.
(p) Transfer. To remove from the physical custody of the court and deposit with the Missouri State Archives or to county, city, or regional archival associations, museum associations or similar organizations for preservation and availability for genealogical or other study.

Mo. Sup. Ct. Op. R 8.02

Amended April 11, 2011, effective 1/1/2012; Amended May 11, 2018, effective 7/1/2018.