(A)Schedules and Purge Lists. The Supreme Court shall adopt, by administrative order, retention and disposition schedules identifying the length of time court records must be kept prior to destruction and purge lists identifying documents to be removed from case files before storage or replication.(B)Appellate Court Records.(1) The Clerks of the Supreme Court and each division of the Court of Appeals may destroy or provide for the destruction of all documents, records, instruments, books, papers, depositions, exhibits and transcripts in any action or proceeding in the Supreme Court or Court of Appeals, or otherwise filed or deposited in the Clerk's custody, pursuant to this rule, Supreme Court administrative order, Supreme Court approved retention schedules, Supreme Court approved purge lists, Rule 24(c), Rules of Civil Appellate Procedure, and Rule 31.23(a)(5), Rules of Criminal Procedure.(2) For case file records that must be maintained permanently, the Clerks shall transfer the original record to the Arizona State Archives pursuant to records retention and disposition schedules adopted by the Supreme Court. Each court shall retain original digital records scheduled for permanent preservation until the State Archives is able to accept them.(3) Other court documents listed on approved records retention and disposition schedules may be maintained and destroyed in accordance with such approved retention and disposition schedules.(C)Superior Court Records. Superior Court records shall be maintained and may be destroyed in accordance with approved retention and disposition schedules, except that destruction of case file records shall be in accordance with Rule 94, Rules of the Supreme Court, and Rule 28, Rules of Criminal Procedure. The Clerk of Superior Court shall deliver records to State Archives pursuant to records retention and disposition schedules adopted by the Supreme Court.(D)Justice of the Peace and Municipal Court Records. Justice of the peace and municipal court records shall be maintained and may be destroyed in accordance with approved retention and disposition schedules and the rules regarding Superior Court records, as applicable.(E)Destruction Notice. Each appellate court and superior court shall notify the Director of the Arizona State Library, Archives and Public Records of court records designated for destruction pursuant to this rule. The notice shall identify the records to be destroyed, where they are currently stored, and specify a time period of not less than 20 days, during which the Director may review and inspect the records, and remove any records for storage and retrieval. Following the designated time period, the records may be destroyed by any lawful means.Added April 22, 1991, effective 5/15/1991. Amended Jan. 24, 2003, effective 6/1/2003;9/27/2005, effective 12/1/2005;9/1/2011, effective 1/1/2012;9/2/2014, effective 1/1/2015.MODIFICATION
<Subrules (B) and (E) of this rule, relating to restrictions on destruction of case records, are suspended for the paper version of case records stored in the Clerk's EDMS supported by the AOC by Administrative Order No. 2010-107. >
HISTORICAL NOTES
Former Rules 28 through 30 which were contained in Part V, Admission and Discipline of Attorneys, were deleted in the revision to that part in 1984.