Circuit Court Records: Questions and Answers General Questions

Circuit Court Records: Questions and Answers

 General Questions and Authority for Disposal

Q1: Is General Schedule #15 effective now? Is it retroactive?

A: General Schedule #15 was effective when it was approved by the State

Administrative Board on 8/1/17, with a minor amendment on 11/14/17. It

applies to all circuit court records.

Q2: Is each circuit court formally required to adopt the General Schedule? Can

the court use General Schedule #15 without adopting it? Or can the court

customize its own schedule?

A: General Schedule #15 is the approved records retention and disposal schedule

for all circuit courts. MCL 399.811 and MCL 750.491 require that all public

records be listed on an approved retention and disposal schedule that identifies

the amount of time that records must be kept to satisfy administrative, legal,

fiscal, and historical needs.

Courts are not permitted to destroy any court record that has not been

identified on a schedule approved by the Archives of Michigan and the State

Administrative Board. MCL 399.811. Any record not contained on this list or

not having a statutory retention period cannot be disposed of without first

securing an amendment to this schedule.

MCL 600.1428 states that “[t]he state court administrative office shall establish

and maintain records management policies and procedures for the courts,

including a records retention and disposal schedule, in accordance with

supreme court rules.” The records retention and disposal schedule shall be

developed and maintained as prescribed in MCL 399.811.

Q3: Why are there three schedules instead of one?

A: Many courts expressed a desire for a court-specific schedule.

Q4: When do we have to start using the new schedules?

A: If your court is going to dispose of any records, the new schedule relevant to

your court must be used.

Circuit Court Records: Questions and Answers

Q5: Can you reiterate or expound on the three tiers of archiving? (pre 1941,

1941–1987, 1988– present)

A: Pre-1941 cases filed with the court are required to be transferred to the Archives of

Michigan. Post-1940 cases are to be offered to the Archives, but may not be

accepted for transfer. Because this large body of records is unlikely to contain an

electronic case history (ROA), processing them for disposal will be tedious. Also,

criminal cases were not reportable to MSP before June 1, 1987. This provides an

opportunity for courts to dispose of this large body of records with minimal

processing.

Records dated after 1987 will require a fairly significant amount of handling

before they can be disposed. We envision courts disposing of all pre-1987 records

at one time and then turning their attention to post-1987 records, processing them

one year at a time starting in 2018 or 2019.

Q6: Why should a court follow the retention schedule for its post-1940 records?

A: The courts do not have the facilities or the funding to permanently maintain

their records, nor do they have the staffing resources to maintain such a large

body of records. A sample review of court records throughout the state have

revealed a wide range in the quality of recordkeeping practices and long-term

storage methods and facilities; following the retention schedule will provide

statewide uniformity of court records management across the State.

 Determining Eligibility for Disposal

Q1: Define “date of disposition.”

A: Disposition means that the case has been adjudicated or otherwise disposed as

defined in caseload instructions. Although disposition may be a trigger for a

retention period, that is not necessarily the only criteria for destroying a court

record. For example, in a criminal case, the matter may have been disposed

but the case is in warrant status. That case is ineligible for destruction.

Q2: For civil cases, why is retention based on date of filing and not judgment?

What happens if a judgment takes more than a year and the judgment is

valid for 10 years?

A: The retention period is based on date of filing for ease of disposal because

courts maintain files by filing dates, not judgment dates. Because of the

change from judgment to filing date, the retention period was extended four

Circuit Court Records: Questions and Answers

years to accommodate situations where disposition may take more than one

year from filing.

The previous retention period was 25 years from judgment date. Regardless of

the retention period, a case file could be destroyed before the judgment is

satisfied. However, the case history data, which contains all the information

necessary to validate a judgment, is maintained for 100 years. Therefore, the

case file does not need to be maintained longer.

Q3: Why does the schedule use disposition date for criminal cases rather than

closure date? A closure seems much more uniform.

A: The trigger for the retention period on the previous records retention and

disposal schedules was the date of the latest dispositive order, which could

have been a reference to either the most recent order entered in the case or the

latest disposition of the case. Because of this lack of clarity and the

inconsistent interpretation by courts, the trigger was changed to the disposition

of the case as defined by caseload, which means the case has either been

adjudicated or otherwise disposed.

The term “closure date” or “closed date” is not a standard term used in circuit

courts and would also require all county clerks to enter closed dates on

criminal cases – something that is not currently done. While some courts enter

a “closed code” for purposes of caseload reporting, that does not mean the case

is closed. This “closed code” is only a method used by some case management

systems to count the “disposition” of the case for caseload, but the case may

open for several more years (e.g., probation, collection activity, etc.). A

closure date would require courts to monitor criminal cases for some event that

constitutes closure and that has not been defined.

Q4: How long does a court retain a file if there is an Order for Administrative

Stay for Bankruptcy? Before judgment? After judgment?

A: A case is stayed for bankruptcy no longer than it takes to discharge the

bankruptcy. Chapter 7 and 11 bankruptcy cases take less than a year for

discharge, and Chapter 13 bankruptcy cases cannot be approved by the

bankruptcy court if they are scheduled to take longer than five years.

If a trial court case is pending disposition when the bankruptcy is filed, it is

unlikely that the trial court case will still be without disposition five years after

the bankruptcy stay is lifted. It is just as unlikely that a circuit court case

would be pending for five years before it went into bankruptcy. However, if

there were such a situation, the court would not destroy the file of an

Circuit Court Records: Questions and Answers

unadjudicated case, regardless of the retention period. If a trial court case has

already been adjudicated (has a judgment), the filing of the bankruptcy case

does not affect the retention period for the case because postjudgment filings

and activity can take place based on the case history, without the case file.

Q5: Can a criminal case in warrant status be destroyed if there is a disposition

(i.e., plea or conviction)?

A: If a criminal case is in warrant status at any time, the file is not eligible for

disposal (transfer to Archives or destruction) even if the case has been

adjudicated (a disposition has been entered). This includes prejudgment and

postjudgment warrants.

Q6: If a criminal case has a balance due and owing and does not have a probation

order in effect or is not in warrant status, can the file be destroyed?

A: If the case history contains the information required to enforce collection, the

court can destroy a criminal case file when it is eligible for destruction even if

there are outstanding court-ordered financial obligations.

Q7: Are reports or queries available in the case management system to indicate

which files are eligible for destruction?

A: Courts should contact their system providers about the availability of reports or

queries that will assist in identifying cases eligible for destruction.

 Case History Data (Register of Actions, Calendars, Docket Books,

Indices)

Q1: What is the official record, the electronic ROA or the paper ROA in the file?

A: The electronic case history data (ROA) is the official record if the case history

data exists in the case management system. The paper ROA is the official

record if the case history exists only in paper. If identical case history for a

particular case exists in both the case management system and on a paper

ROA, the electronic case history is the official record and the paper ROA

should be destroyed. If case history for a particular case exists in both the case

management system and on a paper ROA, but the data is not identical, the

court must maintain the most complete record.

Circuit Court Records: Questions and Answers

Q2: If the case history/register of actions (ROAs) is in the electronic case

management system, can the paper ROAs be destroyed?

A: The electronic case history is the official record. All paper (ROAs) can be

destroyed, provided they are a copy of the data in the case management

system. All paper ROAs that are not copies of the case history data in the case

management system (e.g., ROAs created before the court had an automated

case management system) must be kept for the full retention period.

Q3: Can case histories (ROAs) and indices be kept in paper form post-1940?

A: Case history can be maintained on paper if it was created on paper. From the

point the court implemented an automated case management system, case

history must be maintained electronically pursuant to MCR 8.119(D)(1)(a).

Q4: Why is a case history (ROA) important to preserve for 100 years?

A: If a post-1940 case records is selected by Archives for preservation, the case

history need not be preserved. If a court record is not selected for preservation,

it is important to maintain the case history (ROA) for the life of the parties for

purposes of post-judgment activity (such as collection efforts on a money

judgment), hence, the 100-year retention period.

Q5: What is a financial register of actions?

A: This is a compilation of case history pertaining to financial court-ordered

obligations (including restitution) in criminal cases. The financial information

must include judgment date, judgment amount, satisfaction of judgment or

judgment paid, payments made, payments disbursed, and filing dates of post-

judgment collection documents. This is often displayed in the register of

actions screen and is simply a duplicate subset of that information.

Q6: Is a financial register of actions and the associated information required in

cases pre-automation?

A: Information regarding any court-ordered financial obligation in a criminal case

and any information regarding civil money judgments should be recorded in

the case history. However, courts will not be required to review case history or

case files to determine the accuracy or completeness of this information.

Certain assumptions about these records will permit courts to dispose of this

body of records with minimal processing and instructions are available to assist

with this process.

Circuit Court Records: Questions and Answers

Q7: How do we handle an inquiry for case history or a document from a party

whose case file has been disposed?

A: Case history and case files will not be disposed of before they should be.

Each retention period for a given type of record reflects the legal,

administrative, fiscal, and historical need for the records. Records that are no

longer of any use or are no longer needed for any of these purposes are

eligible for disposal.

The retention periods were reviewed and approved by the State Court

Administrator; Records Management Services of the Department of

Technology, Management & Budget; Archives of Michigan; the Attorney

General; and the State Administrative Board in accordance with MCL

399.811 to ensure all these interests were adequately considered.

Q8: Can electronic ROAs be printed and certified if the file has been destroyed?

A: If someone requests a document from a case file that has been disposed

pursuant to the records retention and disposal schedule, the relevant case

history (ROA) can be printed and certified by the clerk of the court as an

official record of that case history.

Q9: What should a circuit court do with calendars from the 1800s?

A: Contact the Archives of Michigan to make arrangements to transfer all pre-

1940 circuit court records. Archives is currently involved in a project to

transfer all eligible probate court records and will be unavailable to transfer

circuit court records for several years. Until Archives completes that project,

circuit courts must maintain all records required to be transferred to Archives.

Q10: Not all cases have SID numbers due to the nature of the charge. Will the

SID number still be required as a standard data element?

A: SID numbers are only required when applicable. There are many data

elements that are required only when applicable.

Q11: If a court has case files, docket cards, and journals that were created before

the automated case management system, what does the court need to

maintain?

A: If a case does not contain a case history (ROA), the entire file must be

maintained or the court must enter the required case history data into the

court’s case management system before disposing of the file. Maintaining only

Circuit Court Records: Questions and Answers

the judgment is not sufficient. Docket cards and journals may be sufficient,

but it depends on what these records are. These terms have different meanings

to different courts. If a journal or docket card contains the history of a case

(what would normally be in a ROA) and that history contains all the data

required for case history, the file can be disposed.

Q12: If a court runs a new ROA at the time of closing a case, is this necessary if

the court is keeping an electronic ROA in the case management system?

A: MCR 8.119(D) requires all courts to maintain case history in an automated

case management system. Case history printed from a case management

system to paper (ROAs) is not a record; it is a reproduction only and is

considered a nonrecord.

Q13: Should we back scan old paper ROAs (that still need to be kept for the 100

years)?

A: Paper is the most stable medium for records and should be retained if practical.

Factors to consider are availability and cost of existing onsite or offsite storage

space, how frequently the records need to be retrieved, and the cost and

efficiency in retrieving the records. Before making a decision to scan, these

factors should be weighed against the cost of scanning and digital storage

space (including the cost of migration of the digital images at seven-year

intervals).

Q14: Is a system provider required to maintain case history for the retention

period? Will a system provider ever purge the case history from a case

management system?

A: All system providers are required to maintain case history for the full retention

periods prescribed by the records retention and disposal schedule. Courts are

responsible for ensuring that their system provider adheres to these

requirements.

Q15: Are indices considered case files?

A: Case records consist of indices, case history (ROA), and case files. See MCR

8.119(D)(1). Before automated case management systems were implemented,

the indices were the numerical and alphabetical means for locating case files.

They include the case name and case number. With automation, the indices

are no longer separate from the case history (ROA) and are simply a query on

the case name or case number. Case files contain the documents.

Circuit Court Records: Questions and Answers

 Case Files

Q1: What is the official case file – paper or electronic?

A: Documents or files can be maintained in any medium authorized by the

Records Reproduction Act. Examples are paper, digital image, or microfilm.

After a paper document is reproduced into a digital format, the official record

is the digital format and the paper records are nonrecords. The paper files

should be destroyed.

Q2: If a court has case files, docket cards, and journals that were created before

the automated case management system, what does the court need to

maintain?

A: If a case does not contain a case history (ROA), the entire file must be

maintained or the court must enter the required case history data into the

court’s case management system before disposing of the file. Maintaining only

the judgment is not sufficient. Docket cards and journals may be sufficient,

but it depends on what these records are. These terms have different meanings

to different courts. If a journal or docket card contains the history of a case

(what would normally be in a ROA) and that history contains all the data

required for case history, the file can be disposed.

Q3: Does a court need to maintain case files that were created before

implementation of an automated case management system?

A: Case history data and case files have different retention periods. Regardless

whether records are paper, microfilm, digital image, or electronic data, each

type of record must be maintained for its full retention period. Most circuit

court case history must be maintained for 100 years, while the case files only

need to be maintained for6-10 years. Refer to the records retention and

disposal schedule for details.

Q4: When a juvenile delinquency case is waived to the criminal jurisdiction of the

circuit court, is the DL case file maintained, and for how long? Is it like a

designated case?

A: A juvenile delinquency case that is waived to the criminal jurisdiction of the

circuit court becomes two files. The DL file remains with the family division

where it was created, with only those contents required to be kept after

transfer. The criminal division will open its own files, which have a different

retention period.

Circuit Court Records: Questions and Answers

 Transcripts

Q1: Can transcripts be destroyed with the files?

A: Transcripts are filed with the court and are docketed in the case history data

(ROA) as filed. As such, they are part of the file contents even if they are

maintained separately. They are to be disposed of at the same time as the file.

Q2: If a court has court recorder tapes going back to 1970, can those be

destroyed? Can you recommend a company that will destroy those types of

records?

A: There is not a simple answer to this question. Because courts do not associate

entry of judgments with the recordings of cases, it is difficult to determine

when to destroy court reporter notes, tapes, and recordings. A good rule of

thumb would be to maintain them for the longest retention period for case files.

In addition, when conducting a records disposal project, courts must determine

which case records are ineligible for destruction (stayed before adjudication or

in warrant status) and continue to maintain them. The recordings of these

cases should be identified at that time and maintained.

 Final Judgments and Orders

Q1: Do circuit courts still need to maintain final judgments and orders after a

case file is disposed?

A: Essential judgment information for certain types of cases must be maintained

longer than the related case files, but that information can be maintained as

data in the case management system or as a document (regardless of medium).

SCAO will provide instructions for how to process case files that ensures the

necessary information is retained.

Q2: The schedule indicates that civil final judgments and orders are to be offered

to the Archives of Michigan 30 years after the filed date. A lot of “baby-

boomers” are retiring and coming to the courts for copies of their divorce

judgments so they can apply for social security. Would we send them to

Archives to get a copy? What kind of timeline do we tell our customers for

something like that to expect?

A: Divorce judgments are to be kept by the court for 50 years, not 30 and then

transferred to Archives, not offered. If, for some reason, a person would be

seeking a copy of his/her divorce judgment after that point, the judgment

Circuit Court Records: Questions and Answers

would be available through Archives. Also, every record of the divorce or

annulment is maintained by Vital Statistics, as reported by the county clerk

under MCL 333.2813.

Q3: How does a court follow the retention schedule for civil post-1940 records

other than pulling the judgments and orders from every case file?

A: Certain assumptions about these records will permit courts to dispose of the

body of records from 1941 through 1986 with minimal processing and

instructions are available to assist with this process.

 Postjudgment Activity

Q1: The court has received a filing in a civil or criminal case that has been

preserved electronically and the paper case record has been destroyed or has

only ever existed electronically. What do we do with the filing?

A: After pertinent case history information is entered into the case management

system following the filing of a postjudgment document, it is unnecessary to

file the document in the case file or to maintain the document for longer than a

year. Instead, postjudgment documents can be stored in a group file by date

(batch filed) with other civil postjudgment filings. In the event the document

needs to be reviewed at a hearing, it can be readily retrieved from the group

file based on the date of filing. Batch-filing postjudgment documents is an

efficient and cost-effective process for storing and disposing of those

documents.

Q2: If a criminal case has a balance due and owing and does not have a probation

order in effect or is not in warrant status, should the case file be maintained?

A: If the case history contains the information required to enforce collection, the

court can destroy a criminal case file when it is eligible for destruction even if

there are outstanding court-ordered financial obligations. All activity that

occurs after the retention period has been met must be recorded in the case

management system (case history/ROA), which is a sufficient record.

Also, any postjudgment document that is filed or created as a result of

postjudgment activity must be maintained for at least one year after being

recorded in the case management system. After the one-year retention period,

there is no need to maintain the physical copy of the order to show cause (by

then the show cause hearing has long since passed). However, if a bench

warrant is issued after the case file has been destroyed, the court must maintain

a copy of the bench warrant while the case is on warrant status.

Circuit Court Records: Questions and Answers

Q3: What if a court decides to proceed with a bench warrant for enforcing

collection, after a physical file is destroyed? Should another file be created?

A: Courts should not issue a bench warrant for failure to pay, but rather issued an

order to show cause for failure to comply with the judgment. If the defendant

fails to appear for the show cause, then the court may issue a bench warrant for

failure to appear. Even without the physical criminal file, the court can still

enforce collection. If a bench warrant is issued after the case file is destroyed,

the court must maintain a copy of the bench warrant while the case is on

warrant status.

Other Court Records

Q1: Is a problem-solving court subject to a records retention and disposal

schedule, and if so, which one?

A: Problem-solving courts are subject to the records retention and disposal

schedules. The subject-matter jurisdiction of the problem-solving court and

the case-type code assigned to the case determines the appropriate schedule.

These cases involve defendants who are diverted out of the traditional criminal

process and into a treatment court. Therefore, if a mental health court or

veterans treatment court is handling felony criminal cases, the circuit court

records retention and disposal schedule must be followed, or if a veterans

treatment court is handling misdemeanor criminal cases, the district court

records retention and disposal schedule must be followed.

Q2: If a district court judge sits as a circuit court judge under a concurrent

jurisdiction plan, how long do felony treatment court files need to be kept?

A: Problem-solving treatment court files and probation files are to be maintained

for three years from the date of discharge from probation or until date of

sentencing (if not placed on probation). This retention period is the same for

both the district and circuit courts. The retention schedules pertain to the

jurisdiction of the court. Therefore, a circuit court case is a circuit court case

and a district court case is a district court case, regardless which judge is

handling the case.

Q3: How long do you keep a request for a record check?

Circuit Court Records: Questions and Answers

A: Courts should not be performing record (background) checks. If this is not

about a background check and is instead a request for or about a record, file

copy request forms can be destroyed when they are of no further reference

value. See Record Series 13.403 of the records retention and disposal

schedule.

Q4: How long should a court keep a restitution request form (homegrown form

for collecting restitution information for sentencing)?

A: Any document containing a defendant's identifying and financial information

that is used to aid the court in collecting payments toward criminal judgments

(including restitution) are to be maintained until of no further value, but not

less than six years. See Record Series 13.103 of the records retention and

disposal schedule.

Q5: How long do I need to keep reports of escheated items?

A: Six years after the end of the fiscal year. See Record Series 13.301 of records

retention and disposal schedule.

Q6: How long should a court keep a print out for corrections or deletions to the

A: Assuming this is referring to an exception report that is generated as part of the

caseload reporting process so that courts can correct data in the case

management system, it would be eligible for disposal one year after the records

are of no further value. See Record Series 13.311 of the records retention and

disposal schedule.

Q7: How long should a court keep the Correction to Criminal History (CRD)

transmission?

A: Three years after the date filed or created. See Record Series 13.309B of

records retention and disposal schedule.

 Microfilm

Q1: Is there a plan in place for older records already microfilmed? Are we

supposed to destroy microfilm at some point?

A: Offer to Archives microfilm of all cases filed before January 1, 1987. If not

accepted, each roll containing multiple retention periods must be kept until the

Circuit Court Records: Questions and Answers

latest retention period has been reached for the case type groups on that

particular roll or, in the alternative, each roll must be kept until 100 years from

the latest year filmed on that particular roll, whichever is earliest.

Except as otherwise indicated below, maintain until 2067 all remaining

microfilm created before January 1, 2017, and then offer to Archives in 2067.

If name change case files have been microfilmed with other case files, each roll

must be kept until 100 years from the latest filing year on that particular roll. It

is assumed adoption case files have been microfilmed separately from other

case files; each roll must be maintained until 100 years from the latest filing

year filmed on that particular roll.

Q2: Do cases have to be microfilmed anymore (only acceptable means of

retention)? Is scanned image acceptable?

A: Courts may reproduce records in accordance with the Records Reproduction

Act (MCL 24.401, et seq.). If original paper versions of records specified in

the Retention Schedule are reproduced into an archival quality medium/format

as provided by the Records Reproduction Act for the purpose of replacing the

paper records before the required retention period, the paper records shall be

destroyed, but no earlier than 30 days after being reproduced to allow for

verification of the images. The reproduced records replace the paper records as

the official record. MCR 1.109(D)(3). Also, an amendment to MCR 8.302,

effective January 1, 2017, removed the specific requirement to microfilm or

copy testamentary documents filed with the probate courts.

 Methods of Storage (Paper versus Digital)

Q1: What is the authority for a court converting all of their paper records to

digital images and then destroying the paper?

A: MCR 1.109(D)(3) and the Records Reproduction Act (MCL 24.401, et seq.)

are the authority for converting paper records to digital images and then

destroying the paper.

Q2: Best practices for transferring microfilm to digital images.

A: Records Management Services (RMS) of the Department of Technology,

Management, and Budget is responsible for establishing standards and best

practices for reproduction of records pursuant to the Records Reproduction

Act.

Circuit Court Records: Questions and Answers

See the RMS website for these materials at

http://www.michigan.gov/dtmb/0,5552,7-150-9141_21738---,00.html

Specifically, Best Practices for the Capture of Digital Images from Paper or

Microfilm is at

http://www.michigan.gov/documents/hal_mhc_rms_bp_for_digitizing_125527

_7.pdf.

Q3: Do you have any experience with courts who have worked with vendors on

preserving last/final order on cases and conclude that it is easier to film the

entire file?

A: If a court wants to compare the cost of microfilming only final judgments or

orders versus the entire file, it could (1) calculate the amount of time necessary

to pull final judgments from a random number of files and determine the

average number of minutes and (2) determine how many files can be processed

in one hour. Next, (1) determine the total number of files to be processed and

divide that by the number of files that can be processed in one hour and (2)

multiply the result by the hourly wage of the person pulling the judgments.

Determine the cost to microfilm the judgments and add that to the cost of

processing. Compare that to the cost of microfilming the entire contents of the

files. For example, the person can open a file and pull the judgment in 3

minutes. That means the person can process 20 files an hour. There are

10,000 case files to process. 10,000 divided by 20 equals 500. The person

makes $15 an hour. 500 multiplied by $15.00 an hour is $7,500. This is the

processing cost.

Q4: Can courts batch file the renewal of a civil judgment?

A: If the file has already been disposed, then the documents associated with a

renewed civil judgment can be batch filed by the date of the order of renewal

and destroyed after one year from that date, provided the required case history

has been recorded in the case management system.

Q5: Should we destroy the paper document or file that was scanned into an

EDMS and when?

A: When the document or file has been scanned, the digital image is the official

record pursuant to court rule. The paper document or file should be destroyed.

After you are done scanning documents, you should keep them at least 30 days

to provide adequate time to verify that the digital records are accurate and

legible in accordance with digital imaging standards.

Circuit Court Records: Questions and Answers

 Disposal Process

Q1: What if our court wants to start disposing of records?

A: SCAO is producing step-by-step instructions to help courts with the disposal

process. If it is critical for a court to dispose of records soon, contact Trial

Court Services staff at trialcourtservices@courts.mi.gov

to start developing a

disposal plan.

Q2: Is records disposal mandatory?

A: It is highly recommended for a number of reasons.

• Foremost, courts are running out of space for their paper records and

converting all records to electronic format is costly. It is becoming

increasingly difficult for courts to justify with their funding units the costs

for long-term maintenance of a growing body of records, and while the cost

of storage and hosting digital images may be cheap, there is usually an

annual access fee for every user, and digital images with a long-term

retention period (over 10 years) should be migrated during the retention

period, a cost that can be prohibitive over time.

• Also, courts do not have adequate facilities, resources, and funding to

preserve historical records, which is the responsibility of the Archives of

Michigan under law.

• Finally, if all courts dispose of records when they become eligible, it

provides a comparable body of records from one court to another, reduces

inefficiencies in search and retrieval, reduces unnecessary storage costs,

and creates equality. Court users can be both hurt and helped by record

availability when seeking things such as visas, licenses, housing, jobs, and

driving privilege.

Q3: How does Archives become involved in the disposal process and when do we

contact them?

A: Archives will be providing guidance on this process that will be included in the

Michigan Trial Court Records Management Standards, a resource that will be

distributed in 2018.

Circuit Court Records: Questions and Answers

Q4: Is there an SCAO form for the Order to Dispose of Records?

A: The form has not yet been approved by the Archives of Michigan, but a draft

for use by circuit courts can be provided.

Q5: Are courts required to oversee the actual destruction of their records?

A: The clerk must certify, on the Order to Dispose Court Records, that records

have been destroyed. If a court is not overseeing the actual destruction of

records, it must use a reputable company for disposal to ensure that the records

are destroyed in the manner ordered.

Q6: What if a judge does not want to destroy the files?

A: Although the records retention and disposal schedule is law and the court

should comply with it, the clerk of the court cannot destroy records until the

chief judge signs the Order to Dispose Court Records.

 Approved Methods of Disposal

Q1: What are the approved methods of disposal?

A: Transfer to Archives when required, or destroy. Destruction must be done as

specified in the standards.

 Transferring Records to Archives of Michigan

Q1: What is Mark Harvey’s contact information?

A: State Archivist Mark Harvey can be contacted at harveym@michigan.gov or

517-449-5885.

Q2: Do we have to transfer records to the Archives of Michigan when the

retention period has been met?

A: Yes. According to law, records identified in the records retention and disposal

schedule for transfer to Archives of Michigan must be transferred when the

retention periods have been met. Duplicate records shall not be maintained by

the court in any format (e.g., paper, electronic or digital format, or microfilm or

microfiche), except as otherwise authorized by the State Court Administrative

Office. MCL 399.811.

Circuit Court Records: Questions and Answers

Q3: Isn’t it the responsibility of the county clerk to preserve historic court

records?

A: It is the responsibility of the Archives of Michigan to designate court records

of historical value to the citizenry of Michigan and that must be preserved in

archival format. Court Records pre-1941 have been designated as such a

record.

Q4: How does FOIA work when files are transferred to the Archives of Michigan?

A: If a court record is public, it remains public when transferred to the Archives of

Michigan. If a court record is nonpublic, confidential, or sealed, Archives will

not take the record.

Q5: Under the old retention schedule, criminal court records were not offered to

Archives, is that still true?

A: It is the responsibility of the Archives of Michigan to designate court records

of historical value to the citizenry of Michigan and that must be preserved in

archival format. As such, Archives is uncomfortable with courts destroying

criminal court records without an opportunity to cull through and discover

historically significant records, so the retention schedule has been changed to

require courts to offer those records before destruction.

Q6: Is the Archives of Michigan interested in preserving all court records pre-

1941?

A: The Archives of Michigan is interested in circuit civil, criminal, domestic

relations, juvenile delinquency and designated, and many probate court

records.

Q7: What court records is Archives interested in preserving post-1941?

A: The Archives of Michigan will designate which court records are of historical

value to the citizenry of Michigan and that must be preserved in archival

format. Such records most likely would include things like high profile

criminal cases, estates of famous people, PBB cases or other cases important to

a particular city, county, region, or the state of Michigan.

Circuit Court Records: Questions and Answers

Q8: By what method do you anticipate we will transfer to the archive? Is there an

electronic means for this?

A: There are a variety of methods by which to transfer records to Archives.

Documents can be transferred in paper, microfilm, or digital format. Data can

be uploaded. Archives of Michigan uses Preservica, a cloud-hosted and on-

premise active digital preservation software to preserve electronic court

records. This standards-based software ensures that content is safely stored,

can be found and trusted, is secure, and is updated to future formats.