Rule 28.1. Duties of the clerk

a. Retention of Records and Evidence. The clerk of the court shall receive and maintain all papers, documents and records filed and all evidence admitted in criminal cases.

b. Destruction of Certain Records.

(1) Effective January 1, 2008 for counties that maintain an electronic court record authorized by the Administrative Office of the Courts, originals of documents, instruments, books, papers, depositions, and transcripts in any criminal case may be destroyed, provided that the Clerk shall maintain for public use an exact replica of these items after destruction and a device for viewing it. The Clerk shall also maintain a photographic or electronic reproduction or image of the original record in a place and manner as will reasonably assure its permanent preservation.

(2) In counties that do not maintain an electronic court record authorized by the Administrative Office of the Courts, originals of documents, instruments, books, papers, depositions, and transcripts in any criminal case may be destroyed when the particular action or proceeding is no longer subject to modification, provided that the Clerk shall maintain for public use an exact replica of these items after destruction and a device for viewing it. The Clerk shall also maintain a photographic or electronic reproduction or image of the original record in a place and manner as will reasonably assure its permanent preservation. For purposes of destruction of the above items by the clerk, a case will not be considered “subject to modification”:

(i) After the defendant has been acquitted or the charges dismissed with prejudice;

(ii) Sixty days after judgment and sentence have been entered, unless a notice of appeal or a post-trial motion has been filed;

(iii) Ninety days after denial of a post-trial motion or receipt of the mandate of the appellate court affirming a conviction, unless a petition for writ of certiorari has been filed with the United States Supreme Court;

(iv) Twenty-five days after a denial of certiorari or the mandate of the United States Supreme Court affirming a conviction, unless a petition for rehearing has been filed;

(v) Receipt of a denial by the United States Supreme Court of a petition for rehearing.

(vi) One year after exhaustion of all state remedies if no petition for habeas corpus is filed or after the exhaustion of all federal remedies if a petition for a writ of habeas corpus has been filed.

c. Original Verbatim Records. Court reporters' notes in criminal cases shall be retained according to the records retention and disposition schedules and purge lists adopted by the Supreme Court.

d. Appellate Court Records. Regardless of other requirements of law, the clerk of an appellate court, after the time set forth in section (b), may destroy any parts of the Appellate Court record of which the trial court has a copy.

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