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RECORDS MANAGEMENT AND RETENTION RULES

Pursuant to Rule 26 of the Rules of Superintendence for the Courts of Ohio, the Akron Municipal Court, Summit County, Ohio adopts the following Records Management and Retention Rules.

It is the ORDER of the Court that the Court adopts Rule 26(C), combined records, combined indexes, dockets and journals as defined in Superintendence Rule 26.01 and 26.05. The indexes, dockets and journals shall be maintained in an electronic medium. These records shall be permanently retained. Electronic records and back ups of the records shall be maintained.

That all exhibits, depositions and transcripts, at the conclusion of litigation, including times for direct appeal, a court or custodian of exhibits, depositions, or transcripts may destroy exhibits, depositions, and transcripts if all of the following conditions are satisfied.

  1. The court notifies the party that tendered the exhibits, depositions, or transcripts in writing that the party may retrieve the exhibits, depositions, or transcripts within sixty days from the date of the written notification;
  2. The written notification required in division (F)(1) of this rule informs the party that tendered the exhibits, depositions, or transcripts that the exhibits, depositions, or transcripts will be destroyed if not retrieved within sixty days of the notification;
  3. The written notification required in division (F)(1) of this rule informs the party that tendered the exhibits, depositions, or transcripts of the location for retrieval of the exhibits, depositions, or transcripts;
  4. The party that tendered the exhibits, depositions, or transcripts does not retrieve the exhibits, depositions, or transcripts within sixty days from the date of the written notification in (F)(1) of this rule.


That the following retention schedule shall apply for the Administrative Records of the Court:

  1. Administrative Journal. Administrative journals that consist of court entries, or a record of court entries, regarding policies and issues not related to cases shall be retained permanently.
  2. Annual reports. Annual reports shall be retained permanently.
  3. Bank records. Bank transaction records, whether paper or electronic, shall be retained for three years or until the issuance of an audit report by the Auditor of the State, whichever is later.
  4. Cash books. Cash books, including expense and receipt ledgers, shall be retained for three years or until the issuance of an audit report by the State, whichever is later.
  5. Communication records. Communication records, including routine telephone messages on any medium where official action will be recorded elsewhere, may be destroyed in the normal course of business as soon as they are considered to be of no value by the person holding the records.
  6. Correspondence and general office records. Correspondence and general office records, including all sent and received correspondence, in any medium, may be destroyed in the normal course of business as soon as they are considered to be of no value by the person holding the records.
  7. Drafts and informal notes. Drafts and informal notes consisting of transitory information used to prepare the official record in any other form may be destroyed in the normal course of business as soon as they are considered to be of no value by the person holding the drafts and informal notes.
  8. Employment applications for posted positions. Employment applications for posted or advertised positions shall be retained for two years.
  9. Employee benefit and leave records. Employee benefit and leave records, including court office copies of life and medical insurance records, shall be retained by the appropriate fiscal officer for three years or until the issuance of an audit report, whichever is later.
  10. Employee history and discipline records. Records concerning the hiring, promotion, evaluation, attendance, medical issues, discipline, termination, and retirement of court employees shall be retained for ten years after termination of employment.
  11. Fiscal records. Fiscal records, including copies of transactional budgeting and purchasing documents maintained by another office or agency, shall be retained for three years or until the issuance of an audit report, whichever is later.
  12. Grant records. Records of grants made or received by a court shall be retained for three years after expiration of the grants.
  13. Payroll records. Payroll records of personnel time and copies of payroll records maintained by other office agency shall be retained for three years or until the issuance of an audit report, whichever is later.
  14. Publications received. Publications received by a court may be destroyed in the normal course of business as soon as they are considered to be of no value by the person holding the publications.
  15. Receipt records. Receipt and balancing records shall be retained for three years or until the issuance of an audit report by the Auditor of State, whichever is later.
  16. Request for proposals, bids, and resulting contracts. Requests for proposals, bids received in response to a request for proposal, and contracts resulting from a request for proposal shall be retained for three years after the expiration of the contract that is awarded pursuant to the request for proposal.
  17. Judge, magistrate, and clerk notes drafts and research. Judge, Magistrate, and clerk notes, drafts, and research prepared for the purpose of compiling a report, opinion, or other document or memorandum may be kept separate from the case file, retained in the case file, or destroyed at the discretion of the preparer.

That the following retention schedule shall apply for the Financial records of the Court:

  1. Auditor reports. Auditor reports shall be retained permanently.
  2. Monetary records. Monetary records shall be retained for three years after the issuance of an audit report.
  3. Rental escrow account records. Rental escrow account records shall be retained for five years after the last date of deposit with the Court.
  4. Yearly reports. Yearly reports shall be retained permanently.

That the following retention schedule shall apply for the Case files of the Court:

  1. Civil case files. Civil case files shall be retained for two years after the issuance of an audit report.
  2. DUI case files. Driving under the influence of alcohol or drug (DUI) case files shall be retained for seven years after the date of the final order of the Court.
  3. First through fourth degree misdemeanor traffic and criminal case files. Except for DUI case files, first through fourth degree misdemeanor traffic and criminal case files shall be retained for five years after the date of the final order of the municipal court or one year after the issuance of an audit report, whichever is later.
  4. Minor misdemeanor traffic and minor misdemeanor criminal case files. Minor misdemeanor traffic and minor misdemeanor criminal case files shall be retained for two years after the final order of the Municipal Court or one year after the issuance of an audit report, whichever is later.
  5. Parking ticket records. Parking ticket records shall be retained until the ticket is paid and an audit report is issued.
  6. Real estate. Case files of matters that resulted in a final judgment determining title or interest in real estate shall be retained permanently.
  7. Search warrant records. Search warrant records shall be indexed and the warrants and returns retained in their original form for five years after the date of service or last service attempt.

    IT IS SO ORDERED

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Copyright 2002 Akron Municipal Court. All rights reserved.
Revised: January 10, 2007.