Haw. Sup. Ct. Order: order48

Electronically Filed

Supreme Court

SCMF-11-0000105

11-APR-2013

11:00 AM

SCMF-11-0000105

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 DISTRICT COURTS

(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)

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

Records Control Schedule 3, Retention Schedule for the District

Courts is amended and adopted in its entirety as set out in the

attached Exhibit 1.

DATED: Honolulu, Hawai'i, April 11, 2013.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ Sabrina S. McKenna

/s/ Richard w. Pollack

RECORDS CONTROL SCHEDULE 3

RETENTION SCHEDULE FOR THE DISTRICT COURTS

(Adopted April 11, 2013)

Case records may be preserved on paper, microfilm, or as electronic documents. The paper records,

microfilm or electronic documents are the official record of the court. The Clerk may certify a copy of the

paper case records, a printed copy of microfilm or a printed electronic copy of an electronic document as a

true and correct copy of the document in the record of the court.

RECORD TITLE RETENTION PERIOD

(Original copy destroyed after

expiration of period and/or

microfilming/conversion to

electronic document)

DISPOSITION

1.0 Judicial Services Bureau/Criminal

Division

1.1 Criminal/Traffic Case Records

A. Official Criminal Calendars

B. Official Traffic Calendars

1.2 Court Documents

A. Complaints

2 year

s

2 years

2 years from Judgment,

unless appea

l is filed. If

appeal is filed, 2 years after

entry of judgment on appeal.

Microfilm or convert to

electronic document; retain

microfilm or electronic

document indefinitely

unless otherwise ordered

by the court

Microfilm or convert to

elec

tronic document; retain

microfilm or electronic

document indefinitely

unless otherwise ordered

by the court

Destroy

EXHIBIT 1 1

RECORDS CONTROL SCHEDULE 3

RECORD TITLE RETENTION PERIOD

(Original copy destroyed after

expiration of period and/or

microfilming/conversion to

electronic document)

DISPOSITION

B. Motions

C. Stipulations

D. Orde

rs

E. Search Warrants

F. Warrants of Arrest

G. Pen Registers

H. Court Recording Tapes

I. Court Reporter’s Notes

1. DUI Cases

2. All others

J. Completed and Returned

Appea

ls

K. Mittimus Books

L. Bond B

ooks

M. Complaint Books

N. Subpoenas

O. Bench Warrants

2 years from Judgment,

unless appea

l is filed. If

appeal is filed, 2 years after

entry of judgment on appeal.

2 years from Judgment,

unless appeal is filed. I

f

appeal is filed, 2 years after

entry of judgment on appeal.

2 years from Judgment,

unless appeal is filed. If

appeal is filed, 2 years after

entry of judgment on appeal.

2 years from Judgment

2 years from Judgment

2 years from Judgment

10 years from Judgment

10 years from Judgment

5 years from Judgment

2 years from last trial court

judgment

2 years from Judgment

5 y

ears from Judgment

5 year

s from Judgment

3 months from issuance

Permanent

Destroy

Destroy

Destroy

Destroy

Destroy

Destroy

Destroy

Destroy

Destroy

Destroy

Destroy

Destroy

Destroy

Permane

nt

2

RECORDS CONTROL SCHEDULE 3

RECORD TITLE RETENTION PERIOD

(Original copy destroyed after

expiration of period and/or

microfilming/conversion to

electronic document)

DISPOSITION

P. Bench Warrant Books

Q. Ex

hibits

Permanent

1 year from Judgment

Permanent

Return or Destroy

2.0 Judicial Services Bureau/Civil

Division

2.1 Civil Case Rec ords

A. Civil Case Files 2 years or termination Microfilm or convert to

elec

tronic document; retain

microfilm or electronic

document indefinitely

unless otherwise ordered

by the court

B. Civil Case Dockets 2 years Microfilm or convert to

elec

tronic document; retain

microfilm or electronic

document indefinitely

unless otherwise ordered

by the court

C. Civil Case Index 2 years Microfilm or conve rt to

electronic document; retain

microfilm or electronic

document indefinitely

unless otherwise ordered

by the court

D. Judgments/Orders 2 years Microfilm or convert to

elec

tronic document; retain

microfilm or electronic

document indefinitely

unless otherwise ordered

by the court

E. Exhibits 1 year from Judgment Return or Destroy

3

RECORDS CONTROL SCHEDULE 3

RECORD TITLE RETENTION PERIOD DISPOSITION

(Original copy destroyed after

expiration of period and/or

microfilming/conversion to

electronic document)

F. Appearance calendar 1 year Destroy

G. Receipt Books 3 years after audit or 6 years Destroy

H. Court Recording Tapes/notes 5 years from Judgment Destroy

2.2 Small Claims Case Records

A. Case Files 2 years or termination Destroy

1. If case is unserved 1 year Destroy

B. Judgments/Orders 1 year Microfilm or convert to

electronic document; retain

microfilm or electronic

document indefinitely

unless otherwise ordered

by the court

C. Case Dockets 2 years Microfilm or convert to

electronic document; retain

microfilm or electronic

document indefinitely

unless otherwise ordered

by the court

D. Index 1 year Destroy

E. Exhibits 1 year from Judgment Destroy

F. Appearance calendar 1 year Destroy

G. Receipt Books 3 years after audit or 6 years Destroy

H. Court Recording Tapes/notes 5 years from Judgment Destroy

4

RECORD TITLE RETENTION PERIOD

(Original copy destroyed after

expiration of period and/or

microfilming/conversion to

electronic document)

DISPOSITION

RECORDS CONTROL SCHEDULE 3

4. Report

A report is a compilation or assemblag

e of data from the case management system. A

report may be imaged or docketed electronically in a case record as an exhibit.

C. Case Management System Data Records

Traffic Case Management System data records shall be retained as set out below.

Parking (Civil)

Moving (Civil)

Equipment (Civil)

Administrative Drivers’ License

Revocation Reviews not involving a

lifetime revocation of license

Administrative Drivers’ License

Revocation Reviews from lifetime

revocation of license

Criminal Traffic

D. Traffic Case Documents/Reports

3 years from satisfaction of

judgment

10 years from entry of

judgment

10 years from entry of

judgment

10 years from entry of

judgment

75 years

10 years from entry of

judgment

Delete

Delete

Delete

Delete

Delete

Delete

1. Paper doc

uments shall be imaged upon receipt, docketed in the case management

system, and retained and disposed as set out below.

2. Electronic documents generated by the case management system, or otherwise entered in

the case management system, shall be docketed, retained, and disposed as set out below.

6

RECORDS CONTROL SCHEDULE 3

RECORD TITLE RETENTI

ON PERIOD

(Original copy destroyed after

expiration of period and/or

microfilming/conversion to

electronic document)

DISPOSITION

Criminal complaint, information,

indictment, or transcript of oral

charge; motions, orders, judgments,

transcripts, exhibits, warrants, penal

summons, or other documents

(paper)

Criminal complaint, information,

indictment, or transcript of oral

charge; motion(s), order(s),

judgments, transcript(s), exhibit(s),

warrant(s), penal summons(es), or

other document(s) (microfilm or

electronic document)

Parking citation, answer, order,

judgment, transcript, exhibit, or

other document (paper)

Parking citation, answer, order,

judgment, transcript, exhibit, or

other document (microfilm or

electronic document)

Moving citation, answer, order,

judgment, transcript, exhibit, or

other document (paper)

until imaged

10 years from entry of

judgment

until imaged

3 years from satisfaction of Delete

judgment

until imaged

Shred/destroy, or return to

party who submitted;

provided where possible

that each physical exhibit

shall be returned to the

party who submitted the

exhibit

Delete

Shred/destroy, or return to

party who submitted;

provided where possible

that each physical exhibit

shall be returned to the

party who submitted the

exhibit

Shred/destroy, or return to

party who submitted;

provided where possible

that each physical exhibit

shall be returned to the

party who submitted the

exhibit

7

RECORDS CONTROL SCHEDULE 3

RETENTION PERIOD

(Original copy destroyed after

expiration of period and/or

microfilming/conversion to

electronic document)

DISPOSITIONRECORD TITLE

Moving citation, answer, order,

judgment, transcript, exhibit, or

other document (microfilm or

electronic document)

10 years after entry of

judgement

Delete

Equipment citation, answer, order,

judgment, transcript, exhibit, or

other document (paper)

until imaged Shred/destroy, or return to

party who submitted;

provided where possible

that each physical exhibit

shall be returned to the

party who submitted the

exhibit

Equipment citation, answer, order,

judgment, transcript, exhibit, or

other document (microfilm or

electronic document)

10 years after the entry of

judgment

Delete

All documents filed in

Administrative Driver’s License

Revocation Reviews (paper)

until imaged Destroy

All documents filed in

Administrative Driver’s License

Revocation Reviews not involving a

lifetime revocation of license

(microfilm or electronic

document)

10 years after the entry of

judgment

Delete

All documents filed in

Administrative Drivers’ License

Revocation Reviews for lifetime

revocation of license (microflim or

electronic document)

75 years Delete

Bench Warrants (paper) until imaged Destroy

8

RECORDS CONTROL SCHEDULE 3

RECORD TITLE RETENTION PERIOD DISPOSITION

(Original copy destroyed after

expiration of period and/or

microfilming/conversion to

electronic document)

Bench Warrants (microfilm or until recalled Delete

electronic document; not docketed

in case)

Penal Summons (paper) until imaged Destroy

Traffic Abstracts prepared for court until imaged Destroy

exhibit in trial de novo ["Judge’s

Exhibit"] (paper)

Traffic Abstracts prepared for court 10 years after the entry of Delete

exhibit in trial de novo ["Judge’s judgment

Exhibit"] (microflim or electronic

document)

E. Traffic Administrative Records/Reports

Traffic Violations Bureau and Traffic Court Administrative Records that are not otherwise

governed by the Judiciary’s Financial Administration Manual shall be retained as set out

below.

Traffic Abstract prepared for sale do not retain Do not retain

(paper or microfilm or electronic

document)

Court calendar (paper or microfilm do not retain Do not retain

or electronic document)

Cash Register Tapes 3 years after audit or 6 years Destroy

Closing Cash Reports 3 years after audit or 6 years Destroy

Cashier Tally Sheets 3 years after audit or 6 years Destroy

Ad Hoc Reports (paper) until imaged

Ad Hoc Reports (microfilm or 10 years Delete

electronic)

9

RECORD TITLE DISPOSITION

RECORDS CONTROL SCHEDULE 3

RETENTION PERIOD

(Original copy destroyed after

expiration of period and/or

microfilming/conversion to

electronic document)

Correspondence that is not part of a

case

file (paper or microfilm or

electronic)

Employee notes

Statistical Reports (paper)

Statistical Reports (microfilm or

electronic)

Other Reports (paper)

Other Reports (microfilm or

electronic)

1 year

do not retain

until imaged

10 year

s

until imaged

10 years

Shred/destroy

Do not retain

Shred/destroy

Delete

Shred/destroy

Delete

4.0 Auxiliary Offi

ces

A. Fiscal and Accounting

Retention Schedule is

contained in the Judiciary

Financ

ial Administration

Manual.

B. Judicial Services

Bureau/Criminal Division

1. Case fine payment record 3 years after audit or 6 years Destroy

2. Rece ipts for payment 3 years after audit or 6 years Destroy

3. Cash register receipts 3 years after audit or 6 years Destroy

4. Tally Sheets 3 years after audit or 6 years Destroy

5. Court Bail Receipts 3 years after audit or 6 years Destroy

10

RECORDS CONTROL SCHEDULE 3

RECORD TITLE RETENTION PERIOD

(Original copy destroyed after

expiration of period and/or

microfilming/conversion to

electronic document)

DISPOSITION

C. Driver Education

1. BW Case F

ile

2. Closed Case Files (DUI)

3. Closed Case Files (other)

4. All other processing

records

D. Counseling and Probation

1. Probation case files

E. Community Services

Sentencing

1. All records of completed

community service work

2. Records of Non­

compliance CSW/Bench

Warrant Cases

a. BW Case Files

b. Felony computerized

c. Misdemeanor

d. Petty Misdemeanor

e. Traffic (all)

f. Law Violations (all)

Minors

g. Status Case Files

Minors

Indefinitely until closed

2 years

1 y

ear

1 year

5 years

3 years from court disposition

Indefinitely until closed

Retain until 5 years

Retain until computerized

Retain until computerized

Retain until computerized

Retain until computerized

Retain until computerized

Do Not Microfilm

Do Not Microfilm

Do Not Microf

ilm

Do Not Microfilm

Destroy

Destroy

Destroy

Destroy

Destroy after 5 years

Destroy after 5 years

Destroy

Destroy at age 20

Destroy at age 20

11

RECORDS CONTROL SCHEDULE 3

RECORD TITLE RETENTI

ON PERIOD

(Original copy destroyed after

expiration of period and/or

microfilming/conversion to

electronic document)

DISPOSITION

5.0 Administrative License

Revocation

A. Case Files

1. All files except for

lifetime revocations

2. Lifetime revocations

(including multiple

lifetime revocations)

B. Hearing Recordings

10 years from date of arrest or

until electronically imaged

75 years from date of final

ADLRO decision or until

electronically imaged

6 months

Destroy or Delete

Destroy or Delete

Destroy or Delete

12