Rule 8.03 - Records Retention, Transfer, Preservation and Destruction Procedures(a) Purging documents. All case records may have the following documents purged three years after disposition: (1) Photocopies of statutory or case law;(2) Copies of items received in evidence;(3) Discovery documents responses thereto and certificates of service. This includes, but is not limited to, depositions, interrogatories, production of documents or things, permission to enter upon land or other property, physical and mental examinations, and requests for admission;(5) Proposed findings of fact and conclusions of law;(6) Requests for continuances that do not contain orders of the court;(7) Miscellaneous correspondence and envelopes, including transmittal letters and informal notes;(9) Notices of filing of depositions;(10) Proposed jury instructions; (11) Receipts from garnishors;(13) Witness and exhibit lists;(14) Probation progress reports; and(b) Retention of Records. (1) Records in Paper Format. (A) If a court digitizes, records, scans or otherwise reproduces a document that is filed in paper into an electronic record, document, or image, pursuant to Rule 103.03(b), the electronic record, document or image is the official court record. The court may then destroy the paper document.(B) If a court microfilms records following the provisions of COR 8, the paper record may be destroyed upon entry of an order of destruction.(C) Other than the records specified in COR 8.03(a) or those records that must be permanently retained pursuant to COR 8.04.1 -.7, records retained in paper format only shall be maintained until the retention period is met for the record type.(2) Records in Electronic Format. (A) A court using an automated case management system approved for statewide use by the Missouri Court Automation Committee or the State Judicial Records Committee may maintain records in an electronic format if:(i) backup copies of the electronic records are stored off-site from the court; and(ii) both the working and backup copies of the electronic records are either migrated or converted if the automated case management system is upgraded or changed in a way that prevents access to the contents of the electronic records created by the old system.(B) Records maintained in electronic format with a retention period of fewer than 25 years, other than records that must be permanently retained pursuant to COR 8.04.1 -.7, may be destroyed when the retention period is met.(C) Records maintained in electronic format with a retention period of 25 years or more shall be microfilmed in accordance with this Court's microfilm guidelines within 25 years after the case is disposed. The electronic record may be destroyed following such microfilming.(D) Sound recordings (digital or analog), videos, and court reporter notes (paper, digital, or tapes) may be retained in the original format for the retention periods identified in the COR 8.(3) Records Not Listed in Retention Schedule. Any record not listed in the records retention and destruction schedule must be maintained permanently unless otherwise provided for by the State Judicial Records Committee. Any recommendations for changes to the schedule should be submitted to the State Judicial Records Committee.(c) Case Records Eligible for Transfer. (1) Confidential case records of the Supreme Court of Missouri and the court of appeals may be offered to the Missouri State Archives.(2) Case records that are considered permanent records pursuant to sections 8.04.2-.7 may be to the Missouri State Archives 75 years after the case is disposed. Case records that are not considered permanent records pursuant to sections 8.04.2-.7 may be transferred on a case-by-case basis after consultation with and the approval of the Missouri State Archives.(3) The Missouri State Archives will have both physical custody and ownership of circuit court case records transferred pursuant to COR 8.03(c).(4) Upon approval by the presiding judge of the circuit court, case records not accepted for transfer by the Missouri State Archives may be given upon request to county, city, or regional archival associations, museum associations or organizations for preservation and availability for genealogical or other study..(d) Procedures for Transfer of Eligible Circuit Court Case Records to the Archives. (1) Upon approval of the presiding judge of the respective circuit court, each court may issue orders of transfer to the Missouri State Archives of case records, which have met the retention schedules pursuant to the provisions of COR 8.(2) Orders of transfer shall include the period of time during which such case records were filed or prepared, whether the cases include civil, criminal, domestic relations, probate, or other types of action. All orders shall be maintained by the circuit court.(3) Notice of intent to transfer case records to the Missouri State Archives shall be made 30 days prior to transfer.(4) After receiving the transferred case records the Missouri State Archives, at its discretion, may reformat paper records. The Missouri State Archives may transfer case records to another agency, provided adequate steps are taken for the permanent preservation of the case record information. No further approval from the circuit court is required.(e) Procedures for Destruction of Records. (1) Case records not required to be permanently retained and not transferred to the Missouri State Archives pursuant to COR 8.03(c) may be destroyed if they have met their minimum retention period.(2) The presiding judge of the circuit court or the chair of the fine collection center advisory committee may issue orders of destruction of paper, microfilm or electronic records of the court, or center, respectively, which have met the retention schedules pursuant to the provisions of COR 8.(3) Paper records may be destroyed prior to meeting the retention schedule if the records have been reduced to archival-quality microfilm.(4) Electronic records may be destroyed after meeting the retention schedule for electronic records retention.(5) Orders of destruction shall include the period of time during which such records were filed or prepared, whether the records include civil, criminal, domestic relations, juvenile, mental health, municipal, probate, traffic, or other type of action, the media being destroyed, and the method of destruction. All orders shall be maintained by the circuit court or the chair of the fine collection center advisory committee.(f) Exceptions. (1) When records have been damaged or destroyed by decay, vermin, fire, water or other means making their remains illegible, the custodian of the records, with an order signed by the presiding judge or the chair of the fine collection center advisory committee, may dispose of the remains. Excluding municipal division cases, financial records, Fine Collection Center cases, and nonprobate associate division cases, the determination that the records are illegible should be made only after consultation with the Missouri State Archives.(2) Regardless of case type, case records created prior to 1900 may possess historical and genealogical interest. The Missouri State Archives may be able to provide assistance for local preservation of such records. Circuit courts interested in such assistance should contact the Missouri State Archives about possible preservation projects.Amended April 11, 2011, effective 1/1/2012; Amended May 11, 2018, effective 7/1/2018.