Haw. Sup. Ct. Order: order37

Electronically Filed

Supreme Court

SCMF-11-0000105

23-FEB-2011

09:47 AM

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

In the Matter of the

RETENTION AND DISPOSITION OF JUDICIARY RECORDS

ORDER AMENDING THE RECORDS RETENTION SCHEDULE FOR

THE SUPREME COURT AND THE INTERMEDIATE COURT OF APPEALS

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(By: Recktenwald, C.J., for the court )

IT IS HEREBY ORDERED, pursuant to HRS § 602-5.5, that

Records Control Schedule 1, Retention Schedule for the Supreme

Court and the Intermediate Court of Appeals is amended and

adopted in its entirety as set out in the attached Exhibit 1.

DATED: Honolulu, Hawai' i, February 23, 2011.

FOR THE COURT:

/s/ Mark E. Recktenwald

Chief Justice

1 Considered by: Recktenwald, C.J., Nakayama, Acoba, and

Duffy, JJ., and Intermediate Court of Appeals Chief Judge

Nakamura, assigned by reason of vacancy.

RECORDS CONTROL SCHEDULE 1

RETENTION SCHEDULE FOR THE SUPREME COURT

AND THE INTERMEDIATE COURT OF APPEALS

(Adopted February 23, 2011)

A. Appellate Courts’ Case Records

Content of the appellate courts’ case records is governed by the Hawai'i Court Records Rules.

Documents filed prior to September 27, 2010 may be retained on paper or microfilm or may be imaged

and retained as electronic documents. Other than bar application records, documents in records filed on or

after September 27, 2010 shall be retained as electronic documents. Bar application documents filed before

July 1, 2011 may be retained on paper or may be imaged and retained as electronic documents.

B. Paper Records

The retention of case records created before September 27, 2010 is governed by Part 1 below, but

the Clerk may elect to preserve any paper record in electronic form and maintain it in accordance with Part

2. Upon conversion to microfilm, image, or other electronic form, the microfilmed, imaged, or other

electronic document is the official record of the court and the Clerk may certify a printed or electronic

copy of any electronic document as a true and correct copy of the document in the record of the court.

From September 27, 2010 each paper document submitted for filing, other than a bar application or

an exhibit that cannot be electronically converted, shall be imaged or otherwise converted to an electronic

form upon receipt, unless the supreme court orders otherwise.

C. Electronic Records

Other than bar application records, from September 27, 2010, case records, including the docket

and electronic documents, shall be maintained in an electronic case management system, with documents

accessible through a user interface.

Bar application records, including the docket and electronic documents, created after July 1, 2011

shall be maintained in an electronic case management system.

Imaged and other electronic documents maintained in the electronic case management system are

the official records of the court for all purposes under the law and rules of court. The Clerk may certify

copies of imaged and other electronic documents as true and correct copies of documents in the record of

the court.

EXHIBIT 1 1

RECORDS CONTROL SCHEDULE 1

1.0 Paper Case Records.

Record Type Paper Retention Period Disposition

1.1 Appeal - before September 27, 6 months after case is closed microfilm or convert to

2010 electronic document; retain

microfilm or electronic

document indefinitely unless

otherwise ordered by the

court

1.2 Agreed Statement - before 6 months after case is closed microfilm or convert to

September 27, 2010 electronic document; retain

microfilm or electronic

document indefinitely unless

otherwise ordered by the

court

1.3 Application for Admission to the until earliest of death of destroy

Bar - before July 1, 2011 applicant or 50 years

1.4 Attorney Discipline - before 6 months after case is closed microfilm or convert to

September 27, 2010 electronic document; retain

until notice of death of

attorney; then destroy

1.5 Certified Question - before 6 months after case is closed microfilm or convert to

September 27, 2010 electronic document; retain

microfilm or electronic

document indefinitely unless

otherwise ordered by the

court

1.6 Election Contest - before 6 months after case is closed microfilm or convert to

September 27, 2010 electronic document; retain

microfilm or electronic

document indefinitely unless

otherwise ordered by the

court

1.7 Judges’ Assignment Records ­ retain until 1 year after judge destroy

before September 27, 2010 retires, resigns, dies, or is

removed from office

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RECORDS CONTROL SCHEDULE 1

1.0 Paper Case Records.

Record Type Paper Retention Period Disposition

1.8 Judicial Discipline - before 6 months after case is closed microfilm or convert to

September 27, 2010 electronic document; retain

microfilm or electronic

document indefinitely unless

otherwise ordered by the

court

1.9 Judicial Financial Disclosure 1 year after judge leaves destroy

Statement - before September 27, office

2010

1.10 Miscellaneous Filings - before 6 months after case is closed microfilm or convert to

September 27, 2010 electronic document; retain

microfilm or electronic

document indefinitely unless

otherwise ordered by the

court

1.11 Petitions for Writ (Mandamus, 6 months after case is closed microfilm or convert to

Prohibition, Habeas Corpus, electronic document; retain

Certiorari, or Other Relief) - before microfilm or electronic

September 27, 2010 document indefinitely unless

otherwise ordered by the

court

1.12 Petition to Resign and Surrender 6 months after case is closed microfilm or convert to

Law License - before September electronic document; retain

27, 2010 until notice of death of

attorney; then destroy

1.13 Reserved Question - before 6 months after case is closed microfilm or convert to

September 27, 2010 electronic document; retain

microfilm or electronic

document indefinitely unless

otherwise ordered by the

court

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RECORDS CONTROL SCHEDULE 1

1.0 Paper Case Records.

Record Type Paper Retention Period Disposition

1.14 Rule - before September 27, 2010 at least 6 months after order is microfilm or convert to

entered electronic document; retain

microfilm or electronic

document indefinitely unless

otherwise ordered by the

court

1.15 Ex Officio filings for other courts ­ 60 days destroy

before September 27, 2010

1.16 Other case records - before 6 months after case is closed microfilm or convert to

September 27, 2010 electronic document; retain

microfilm or electronic

document indefinitely unless

otherwise ordered by the

court

2.0 Electronic Case Records from September 27, 2010

Record Type Retention Period Disposition

2.1 Appeal - from September 27, 2010 retain in production data base move to archive data base,

at least 6 months after retain indefinitely unless

judgment or dismissal otherwise ordered by the

court

2.2 Agreed Statement - from retain in production data base move to archive data base,

September 27, 2010 at least 6 months after retain indefinitely unless

judgment or dismissal otherwise ordered by the

court

2.3 Application for Admission to the retain in production data base move to archive data base,

Bar - from July 1, 2011 at least 6 months after date of delete/destroy upon notice of

admission or death of death of applicant or 50 years

applicant from date first application

was submitted (whichever is

earlier).

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RECORDS CONTROL SCHEDULE 1

2.0 Electronic Case Records from September 27, 2010

Record Type Retention Period Disposition

2.4 Application for Transfer - from retain in production data base move to archive data base,

September 27, 2010 at least 6 months after retain indefinitely unless

judgment or dismissal otherwise ordered by the

court

2.5 Application for Writ of Certiorari ­ retain in production data base move to archive data base,

from September 27, 2010 at least 6 months after retain indefinitely unless

judgment or dismissal otherwise ordered by the

court

2.6 Attorney Discipline - from retain in production data base delete/destroy

September 27, 2010 until notice of death of

attorney

2.7 Certified Question - from retain in production data base move to archive data base,

September 27, 2010 at least 6 months after retain indefinitely unless

judgment or dismissal otherwise ordered by the

court

2.8 Election Contest - from September retain in production data base move to archive data base,

27, 2010 at least 6 months after retain indefinitely unless

judgment or dismissal otherwise ordered by the

court

2.9 Judges’ Assignment Records ­ retain in production data base delete/destroy

from September 27, 2010 at least 1 year after judge

retires, resigns, dies or is

removed from office

2.10 Judicial Discipline - from retain in production data base move to archive data base,

September 27, 2010 at least 6 months after judge retain indefinitely unless

leaves office otherwise ordered by the

court

2.11 Judicial Financial Disclosure retain in production data base delete/destroy

Statement - from September 27, at least 1 year after judge

2010 leaves office

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RECORDS CONTROL SCHEDULE 1

2.0 Electronic Case Records from September 27, 2010

Record Type Retention Period Disposition

2.12 Miscellaneous Filings - from retain in production data base move to archive data base,

September 27, 2010 at least 6 months retain indefinitely unless

otherwise ordered by the

court

2.13 Petitions for Writ (Mandamus, retain in production data base move to archive data base,

Prohibition, Habeas Corpus, or at least 6 months after retain indefinitely unless

Other Relief) - from September 27, judgment or dismissal otherwise ordered by the

2010 court

2.14 Petition to Resign and Surrender retain in production data base destroy

Law License - from September 27, until notice of death of

2010 attorney

2.15 Reserved Question - from retain in production data base move to archive data base,

September 27, 2010 at least 6 months after retain indefinitely unless

judgment or dismissal otherwise ordered by the

court

2.16 Rule - from September 27, 2010 retain in production data base

indefinitely

2.17 Other case records - from retain in production data base move to archive data base,

September 27, 2010 at least 6 months after retain indefinitely unless

judgment or dismissal otherwise ordered by the

court

3.0 Other case related records - paper or digital

Record Type Retention Period Disposition

3.1 Audio or Video Recording of Oral retain until copied to portable retain portable media

Argument or Hearing storage media (e.g. CD, indefinitely

DVD, tape)

3.2 Audio or Video Recording of retain until copied to portable retain portable media

Ceremonial Event storage media (e.g. CD, indefinitely

DVD, tape)

3.3 Judge & Justice Work Files discretionary destroy

(Confidential)

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RECORDS CONTROL SCHEDULE 1

3.0 Other case related records - paper or digital

Record Type Retention Period Disposition

3.4 Staff Attorney Work Files discretionary destroy

(Confidential)

3.5 Law Clerk Work Files discretionary destroy

(Confidential)

3.6 Other Employee Work Files (e.g. discretionary destroy

notes, research, etc.) (Confidential)

3.7 Minutes or other records of Boards 5 years destroy

and Commissions, if any

3.8 Miscellaneous correspondence & discretionary destroy

responses

3.9 Ex Officio filings for other courts 60 days destroy

3.10 Fiscal/Accounting records Retain in accordance with the retain or destroy in

Judiciary’s Financial accordance with FAM

Administration Manual

(FAM)

3.11 All other records discretionary delete/destroy

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