Pa. Code tit. 204, pt. VII, ch. 209, app A

Current through Register Vol. 54, No. 50, December 14, 2024
Appendix A - Procedure for the Destruction or Transfer of Appellate Court Records

Section I-Appellate Courts (General)

Series

Description

Retention

Archival Review

1.

Appellate Case files

These files include appeals commenced by notice of appeal, petition for review, petition for allowance of appeal, petition for permission to appeal nunc pro tunc, and petition for permission to appeal an interlocutory order. Contained in these files are all pleadings and papers filed ancillary to the appeal.

Retain for one (1) year after final disposition.

2.

Appellate Briefs

Includes briefs filed by appellants, appellees and amicus curiae. All three appellate courts send copies of each brief filed in an appellate matter to the State Library and Jenkins Memorial Law Library in Philadelphia. The Supreme Court also sends copies to those entities listed in Pa.R.A.P. 3191. Should this procedure change, the State Archives must be notified.

Retain until filing of decision.

3.

Memorandum Opinions

All unpublished nonprecedential memorandum decisions or unreported memorandum opinions of the Superior or the Commonwealth Court.

Retain Permanently.

*

4.

Original Jurisdiction

These files include papers filed in civil matters both at law and equity including but not limited to affidavits, agreements, answers, assignments, awards, bills, bonds, certificates, complaints, decrees, executions, exemplifications, memoranda, notes, notices, opinions, orders, petitions, petitions for review, powers of attorney, praecipes, reports, returns of service, rules, subpoenas, stipulations, transfers, waivers, writs of summons, petitions to enforce, and petitions for access to confidential information.

1. All matters involving title to real estate shall retained permanently.

2. Equity, declaratory judgment, mandamus. Retain for two (2) years after final disposition.

3. Matters marked withdrawn or discontinued. Retain for one (1) year after disposition.

4. Matters dismissed for failure to prosecute. Retain for one (1) year after disposition.

5. Matters filed pursuant to the Election Code. Retain for one (1) year after disposition.

6. Liquidation and Rehabilitation matters under the Insurance Department Act. Retain for two (2) years after final discharge of the Insurance Commissioner as rehabilitator or liquidator.

* Petitions for liquidation and/or rehabilitation and petitions for final discharge to be reviewed for historical value.

Section II-Supreme Court of Pennsylvania

Series

Description

Retention

Archival Review

1.

Allocatur Dockets Prior to 1980 After 1981

Case information and Record of Contents of case files in which allowance of appeal has been sought pursuant to Pa.R.A.P. 1111 et seq.

Retain Permanently.

*

2.

Appeal Docket

Case information and Record of Contents of case files of direct appeals and granted petitions for allowance of appeal.

Retain Permanently.

3.

Miscellaneous Docket

Case information and Record of Contents of case files other than appeals and petitions for allowance of appeal (N. B. During 1980 and 1981 petitions for allowance of appeal were included on this docket) and some administrative orders.

Retain Permanently.

*

4.

Disciplinary Docket

Case information and Record of Contents of attorney discipline files, record of orders promulgating or changing rules pertaining to attorney conduct, and record of appointments to the Client Security Fund Board.

Retain Permanently.

*

5.

Disciplinary Board Appointment Docket (Bd. Of Governance)

Record of Appointment Orders.

Retain Permanently.

*

6.

Judicial Inquiry and Review Board (J.I.R.B.) Docket

Case information and Record of Contents of files pertaining to the discipline of members of the judiciary, and record of orders appointing members to the Judicial Inquiry and Review Board.

Retain Permanently.

*

7.

Criminal Procedural Rules Docket

Record of orders promulgating or changing Rules of Criminal Procedure, and orders appointing members to the Criminal Procedural Rules Committee.

Retain Permanently.

*

8.

Civil Procedural Rules Docket

Record of orders promulgating or changing Rules of Civil Procedure, and orders appointing members to the Civil Procedural Rules Committee.

Retain Permanently.

*

9.

Appellate Rules Docket

Record of orders promulgating or changing Rules of Appellate Procedure, and orders appointing members to the Advisory Committee on Appellate Court Rules or Appellate Court Rules Committee.

Retain Permanently.

*

10.

Judicial Administration Docket

Record of orders issued on subjects involving judicial administration throughout the Commonwealth, and orders promulgating or changing Rules of Judicial Administration.

Retain Permanently.

*

11.

Supreme Court Docket

Record of orders promulgating or changing (former) Supreme Court rules, and Bar Admission Rules, and orders appointing members to the Pa. Commission on Sentencing, and to the Pa. Board of Law Examiners.

Retain Permanently.

*

12.

Court Administrator Docket

Record of orders dealing with the State Court Administrator's Office, and orders appointing members to the Judicial Auditing Agency.

Retain Permanently.

*

13.

Magisterial Docket-Rules

Record of orders promulgating or changing rules of civil procedure in the minor courts and rules of conduct for magisterial district judges, district justices and magistrates; and orders appointing members to the Minor Court Civil Procedural Rules Committee or Minor Court Rules Committee.

Retain Permanently.

*

-Magisterial Districts

Record of petitions and orders dealing with apportioning and reapportioning magisterial districts.

Retain Permanently.

*

14.

Judicial Classification Docket

Record of petitions and orders assigning commissioned judges to divisions of the Court of Common Pleas in their judicial district.

Retain Permanently.

15.

Judicial Assignment Index

Alphabetical index to orders assigning senior judges to judicial duties and assigning commissioned judges to sit in different judicial districts.

Retain Permanently.

16.

Special Masters Docket

Record of petitions and orders for the appointment of special masters.

Retain Permanently.

*

17.

Roll of Attorneys

List of the names of attorneys admitted to practice law in the Commonwealth, with date of admission and names of sponsors.

Retain Permanently.

*

18.

Legal Interns Docket

Record of requests and approval for law students to engage in the limited and supervised practice of law.

Retain Permanently.

*

19.

Juvenile Masters Docket

Record of motions and approvals of attorneys authorized to act as masters under the Juvenile Act in Courts of Common Pleas.

Retain Permanently.

20.

Miscellaneous Files

These files include all initial filings which are not petitions for allowance of appeal or direct appeal items, and the subsequent filings and correspondence ancillary thereto. Historically some administrative matters were included in these files. Disciplinary matters shall be retained as prescribed in Section II: Item 20, disciplinary rules shall be retained as prescribed in Section II: Item 23, and Disciplinary Board Appointment order shall be retained as prescribed in Section II: Item 22. Other administrative matters shall be retained as prescribed elsewhere in the schedule.

Retain for two (2) years after final disposition.

21.

Disciplinary Files-Court Files

These files include the pleadings filed with the Supreme Court, and the Court's orders in cases involving attorney discipline.

Retain for one hundred (100) years after initial filing.

*

-Board Records

These papers are the actual records of disciplinary proceeding received from the Disciplinary Board and are analogous to a lower court record. They are not returned to the Board at the close of the case.

Retain for one hundred (100) years after initial filing.

*

-Transfers to Inactive Status (D.D.171)

These files include the voluntary requests from attorneys to be transferred to inactive status, and the Court's order in response thereto.

Retain for one hundred (100) years after initial filing.

*

-Transfers Under Rule 219 (D.D.318)

This file contains the list received from the Disciplinary Board of those attorneys who have failed to comply with registration requirements and related court orders.

Retain for one hundred (100) years after initial filing.

*

22.

Disciplinary Board Appointment Orders

These files contain the orders of the Court appointing members to the Disciplinary Board (previously known as Board of Governance) and the associated correspondence.

Retain for ten (10) years.

23.

Disciplinary Rules Files

These files contain the orders of the Court promulgating or changing rules pertaining to attorney discipline and conduct, and the associated correspondence.

Retain for seventy-five (75) years.

24.

J.I.R.B. Files-Court Files

These files contain the papers filed with the Supreme Court by the J.I.R.B. and by the respondent in cases involving allegations of misconduct by members of the judiciary, with the associated orders and correspondence.

Retain for seventy-five (75) years.

-Board Records

These papers are the actual records of the proceedings before the J.I.R.B., and are analogous to a lower court record. They are not returned at the close of the case.

Retain for seventy-five (75) years.

25.

Attorney Applications for Admission

These papers include the certifications from the pa. Board of Law Examiners and the applications and motions for admission for individuals seeking admission to the bar.

Retain for one hundred (100) years.

26.

Name Change Records

These papers include the correspondence with the pa. Board of Law Examiners and the district offices of the Supreme Court recording the change of name of any attorney admitted to practice law within the Commonwealth.

Retain for one hundred (100) years.

27.

Certificate of Good Standing Correspondence

These papers include requests from attorneys for the issuance of Certificates of Good Standing and associated correspondence.

Retain for two (2) years.

28.

Legal Intern Applications

These papers include the recommendation for individual law students to engage in the limited and supervised practice of law, pursuant to Pa.B.A.R. 321, and letters approving such practice.

Retain for five (5) years.

29.

Civil Rules Files

These files contain the orders of the Court promulgating or changing Rules of Civil Procedure and orders appointing members of the Civil Procedural Rules Committee with the associated correspondence.

Retain for seventy-five (75) years.

30.

Criminal Rules Files

These files contain the orders of the Court promulgating or changing Rules of Criminal Procedure and orders appointing members to the Criminal Procedural Rules Committee with the associated correspondence.

Retain for seventy-five (75) years.

31.

Appellate Rules Files

These files contain the orders of the Court promulgating and changing Rules of Appellate Procedure and court calendars and associated correspondence.

Retain for seventy-five (75) years.

32.

Judicial Administration Files

These files contain the orders of the Court involving the Rules of Judicial Administration and other administrative orders and the associated correspondence.

Retain for seventy-five (75) years.

33.

Supreme Court Rules

These files contain the orders of the Court pertaining to the former Supreme Court Rules, the Bar Admission Rules, and appointments to the Pa. Commission on Sentencing and the Pa. Board of Law Examiners.

Retain for seventy-five (75) years.

34.

Court Administrator Files

These files contain orders of the Court pertaining to court administration and the Court Administrator's Office.

Retain for seventy-five (75) years.

35.

Judicial Classifications Files

These files contain the petitions, orders and correspondence pertaining to the assignment of commissioned judges within the judicial district in which they were commissioned.

Retain for twenty-five (25) years.

36.

Judicial Assignment Orders

These orders are maintained in loose-leaf books in sequential order. The orders assign senior judges to duties and reassign commissioned judges to other judicial districts.

Retain for twenty-five (25) years.

37.

Magisterial Files-Rules

These files contain orders and correspondence pertaining to rules of procedure in minor courts and rules of conduct for magisterial district judges, district justices, and magistrates.

Retain for seventy-five (75) years.

-Magisterial Districts

These files contain correspondence, petitions, orders, and census data pertaining to the apportionment of magisterial districts.

Retain until a new order is entered.

38.

Judicial Discipline Matters

Case information and Record of Contents of files pertaining to the discipline of members of the judiciary, and records of orders appointing members to the Court of Judicial Discipline and Judicial Conduct Board.

Retain Permanently.

*

Section III-Superior Court of Pennsylvania

Series

Description

Retention

Archival Review

1.

Admission Docket

Prior to 1972 attorneys had to be separately admitted to practice before the Superior Court.

Can be given to archives immediately.

*

2.

Superior Court Rules Docket

Includes those rules promulgated by the Superior Court which are relevant to practice before the Court.

75 years.

*

3.

Appeals Docket

The dockets of all cases in the Superior Court which have been assigned an appellate case number.

Retain Permanently.

*

4.

Miscellaneous Docket

The docket of all cases in the Superior Court which are not given appellate numbers.

Retain Permanently.

*

5.

Miscellaneous Files

The cases are docketed in the Superior Court upon filing of a petition when no appeal has been docketed. The files contain all papers and pleadings ancillary to the petition.

1 year after disposition.

6.

General Docket

The docket of all petitions seeking the interception of communications via pen register.

Retain Permanently.

7.

Wiretap Docket

The docket of all petitions seeking the interception of oral communication other than by pen register.

Retain Permanently.

8.

Wiretap and Pen Register Files

These files are sealed by Court Order and are kept in a protective vault. They contain the tapes, transcripts and inventories of intercepted communications.

10 years by statute.

9.

Session Minutes

The summary of the judges and attorneys who participated in a particular Superior Court session as well as the cases which comprised the session.

Retain Permanently.

*

10.

Memorandum Opinions

All unpublished non precedential memorandum decisions and opinions.

Retain Permanently.

*

Section IV-Commonwealth Court of Pennsylvania

Series

Description

Retention

Archival Review

1.

Appeals from Board of Finance and Revenue Files

These files include petitions for review of decisions of the Board of Finance and Revenue and all related papers, with the exception of bonds filed pursuant to Pa.R.A.P. 1734.

Retain for one (1) year after final disposition.

2.

Bonds (Bd. of Fin. and Rev. Cases)

All bonds filed in appeals from decisions of the Board of Finance and Revenue pursuant to Pa.R.A.P. 1734.

Retain for five (5) years after final disposition.

3.

Commonwealth Docket

Case information relating to all appeals filed with the Commonwealth Court. The Commonwealth docket also contains information regarding original jurisdiction actions commenced in the Commonwealth Court prior to January 1, 1989. Finance and Revenue appeals were included prior to that time as well.

Retain Permanently.

*

4.

Miscellaneous Docket

Case information for matters commenced in the Commonwealth Court other than appellate matters. Miscellaneous Docket contains case information regarding original jurisdiction matters after December 31, 1988. The Miscellaneous docket also contains case information regarding petitions for permission to appeal and petitions for permission to appeal nunc pro tunc prior to December 31, 1988.

Retain Permanently.

*

5.

Finance and Revenue Docket

This docket contains information regarding appeals from determinations of the Board of Finance and Revenue filed after December 31, 1988.

Retain Permanently.

*

6.

Transfer Docket

This docket contains information on all cases transferred to the Commonwealth Court from the Superior Court or Courts of Common Pleas prior to January 1, 1989.

Retain Permanently.

*

7.

Judgment Docket

This docket contains an alphabetical listing of all judgments entered in the Commonwealth Court since its inception.

Retain Permanently.

*

8.

Foreign Registry Docket

This docket contains information regarding cases filed against foreign governments pursuant to this Court's jurisdiction at 42 pa.c.s. § 761.

Retain Permanently.

*

NOTE: Foreign Registry files will be treated in the same manner as other original jurisdiction cases.

Pa. Code tit. 204, pt. VII, ch. 209, app A

The provisions of this Appendix A amended February 19, 1993, effective immediately, 23 Pa.B. 817; amended June 7, 2002, effective immediately, 32 Pa.B. 2750.
Amended by Pennsylvania Bulletin, Vol 53, No. 20. May 20, 2023, effective 5/20/2023