Ala. R. Jud. Admin. 31

(A) Adoption of records retention schedule. In accordance with the

provisions of Ala. Code 1975, Section 41-13-21, the records retention schedule

drafted by the interim committee on records retention appointed in August 1979,

by the Chief Justice, dated July 22, 1980, and styled "Records Retention Schedule,

One-A," and adopted by the Supreme Court on December 6, 1982, is hereby

established as the official records retention schedule to be observed by the Unified

Judicial System. This records retention schedule, with any amendments thereto

and with all statements of approval from the Alabama state records commission,

shall be maintained in the office of the clerk of the Supreme Court. The

Administrative Director of Courts ("ADC") shall make copies of the records

retention schedule available to all officials of the Unified Judicial System charged

with the keeping of court records.

(B) Procedure for amendments and additions to schedule. Proposed

amendments or additions to the records retention schedule shall be submitted to

the ADC. Amendments or additions approved by order of the Supreme Court, in

accordance with Ala. Code 1975, § 41-13-21, shall be deemed incorporated into

the records retention schedule.

(C) Description of records retention schedule. The records retention

schedule identifies individual types of court records, assigns retention periods to

each, and provides disposition instructions. The records retention schedule is

designed to include all of the various types of court records found throughout the

state.

Some counties may have more or fewer record types than listed in the

records retention schedule. An explanation of retention and disposition instructions

is presented in the introduction to the records retention schedule. Any court records

not listed in the records retention schedule shall be maintained until the schedule

is amended and a retention period is assigned in accordance with subsection (B)

of this rule. The retention periods listed in the records retention schedule provide

the minimum period each record must be maintained.

(D) Method of disposal. Records shall be disposed of in accordance with

the records retention schedule by burning or shredding or by depositing them in

public landfill or in any other manner that is reasonably calculated to prevent their

retrieval. Electronically stored records shall be disposed of by deleting the record

from the electronic storage unit.

(E) Disposal after microfilming or other preservation. After a record has

been microfilmed, scanned, or otherwise preserved in a manner approved by the

Administrative Office of Courts ("AOC"), including a check with the original record

for accuracy and the production of a security copy of microfilm or electronic storage

medium, the original record may be disposed of, unless it is scheduled to be sent

to the Department of Archives and History pursuant to the disposition instruction

of the records retention schedule. Disposal of the original record shall be reported

in a manner prescribed by AOC.

(F) Remains of records. When records have been damaged or

destroyed by decay, vermin, fire, water, or other means which make their remains

illegible, the official custodian may dispose of the remains in a manner consistent

with subsection (D) of this rule.

(G) Electronic records. Preservation and disposal of all court documents

and case files that are filed and/or stored electronically shall be governed by the

records retention schedule.

(H) Oversight of electronic records. AOC, under the direction of the ADC

or the ADC's designee, shall provide oversight of a central database for the storage

of all court records that are filed electronically with each clerk's office. While the

clerks shall remain official custodians of the electronic records, AOC shall assume

and share the responsibilities and duties of the clerk relating to retention, care, and

dissemination of the electronic records in the database.

(I) Protection of identifying information and confidential records. Unless

otherwise provided by law, any data, report, or compilation of information produced

by the clerk or other official custodian of court records for public disclosure shall

exclude the personal identifying information of any individual. Identifying

information may include all nine (9) digits of an individual's Social Security number,

an individual's date of birth, credit card numbers, bank account numbers, other

personal financial information, or any other information declared to be identifying

information by the ADC. The ADC may promulgate policies and procedures for the

clerk or other official custodians of court records to follow in order to safeguard

identifying information or other personal information that the ADC determines

should be protected from public disclosure. The clerk or other official custodian of

court records shall not be responsible for identifying information included on any

document filed in the clerk’s office. Any individual filing a document that requires

or contains an individual's personal identifying information may make proper

request under these Rules or other applicable rules to protect the contents of such

documents from public disclosure.

(J) Juvenile records. Neither the records retention schedule styled

"Records Retention Schedule, One-A," nor subsections (G) and (H) of this rule

shall be applicable to any juvenile records.

(K) Authority of the Administrative Director of Courts. The ADC shall

provide the Supreme Court with notice of any policies, procedures, guidelines,

directive, or any other standards that are implemented pursuant to this rule. Notice

shall be provided by filing the documentation of such with the clerk of the Supreme

Court for circulation to members of the Court.