SCR 72.01

Except as provided in SCR 72.03 to 72.05, the original records

of any court shall be retained in the custody of the court for the

following minimum time periods:

(1) Civil case files. All documents deposited with the clerk of

circuit court in every proceeding commenced under chs. 801 to 847,

stats.: 20 years after entry of final order.

(2) Civil court record. A history and index of proceedings

under chs. 801 to 847, stats.: 20 years after entry of final order.

(3) Civil minute record. A brief statement of in-court

proceedings commenced under chs. 801 to 847, stats., generally

maintained in the case file: 20 years after entry of final order.

(4) (Repealed)

(5) Judgment docket. A record of all money judgments: 20

years after initial docket entry.

(6) Lien claims. A statutory lien filed for services performed

or materials provided: 30 years after the date of filing the lien claim

with the clerk of circuit court, except as provided in subs. (6ag) and

(6b).

(6ag) Construction liens. A statutory lien claim filed with the

clerk of circuit court for services performed or materials provided for

improvements, as defined in s. 779.01 (2) (a), stats.: 6 years after the

date of filing the lien claim with the clerk of circuit court.

(6b) Condominium liens. A statement of condominium lien

filed with the clerk of circuit court under s. 703.165 (3), stats., for

unpaid assessments, including interest and actual costs of collection: 7

years after the date of filing the statement of condominium lien with

the clerk of circuit court.

(7) Delinquent unemployment compensation, public assistance

and workers compensation payment warrants, and dockets. A record

of delinquent unemployment compensation, public assistance, or

workers compensation payments that have the effect of a final

judgment: 20 years after initial docket entry.

(7m) Delinquent income or franchise tax warrant dockets. A

record of delinquent income or franchise tax warrants or liens: 10

years from the date of filing with the clerk of circuit court for warrants

or liens filed before August 1, 1981; permanent from the date of filing

with the clerk of circuit court for warrants or liens filed on August 1,

1981, to April 30, 2004; and 20 years from the date of filing with the

clerk of circuit court for warrants or liens filed on or after May 1,

2004, unless renewed. If renewed, a new 20-year retention period

begins from the date on which the renewal is filed with the clerk of

circuit court.

(8) Small claims case files. All documents deposited with the

clerk of circuit court in every proceeding commenced under ch. 799,

stats.:

(a) 2 years from date of entry of final order or judgment for all

eviction cases in which no judgment for money is entered against any

party, including contested cases, stipulated dismissals, and default

judgments, except as provided in par. (c);

(b) 2 years from date of entry of judgment for small claims cases

dismissed because issue was not joined and the case was not disposed

of by judgment or stipulation within 6 months from the original return

date;

(c) 10 years from date of entry of final order or judgment for all

eviction cases where a writ of restitution was granted against the

defendant and no money judgment was entered;

(d) 20 years from date of entry of final order or judgment for all

other small claims cases not specified in pars. (a), (b), or (c).

(9) Small claims court record. A history and index of

proceedings:

(a) 2 years from date of entry of final order or judgment for all

eviction cases in which no judgment for money is entered against any

party, including contested cases, stipulated dismissals, and default

judgments, except as provided in par. (c);

(b) 2 years from date of entry of judgment for small claims cases

dismissed because issue was not joined and the case was not disposed

of by judgment or stipulation within 6 months from the original return

date;

(c) 10 years from date of entry of final order or judgment for all

eviction cases where a writ of restitution was granted against the

defendant and no money judgment was entered;

(d) 20 years from date of entry of final order or judgment for all

other small claims cases not specified in pars. (a), (b), or (c).

(10) Small claims minute record. A brief statement of in-court

proceedings commenced under ch. 799, stats., generally maintained in

the case file:

(a) 2 years from date of entry of final order or judgment for all

eviction cases in which no judgment for money is entered against any

party, including contested cases, stipulated dismissals, and default

judgments, except as provided in par. (c);

(b) 2 years from date of entry of judgment for small claims cases

dismissed because issue was not joined and the case was not disposed

of by judgment or stipulation within 6 months from the original return

date;

(c) 10 years from date of entry of final order or judgment for all

eviction cases where a writ of restitution was granted against the

defendant and no money judgment was entered;

(d) 20 years from date of entry of final order or judgment for all

other small claims cases not specified in pars. (a), (b), or (c).

(11) Family case files. All documents deposited with the clerk

of circuit court in every proceeding commenced under ch. 767, stats.:

(a) 40 years after entry of judgment of divorce, legal

separation, annulment, or paternity, or entry of a final order.

(b) 2 years after entry of judgment or entry of a final order for

dismissed divorces, legal separations, annulments, and paternity cases.

(12) Family court record. A history and index of proceedings:

(a) 40 years after entry of judgment of divorce, legal

separation, annulment, or paternity, or entry of a final order.

(b) 2 years after entry of judgment or entry of a final order for

dismissed divorces, legal separations, annulments, and paternity cases.

(13) Family court minute record. A brief statement of in-court

proceedings commenced under ch. 767, stats., generally maintained in

the case file:

(a) 40 years after entry of judgment of divorce, legal

separation, annulment, or paternity, or entry of a final order.

(b) 2 years after entry of judgment or entry of a final order for

dismissed divorces, legal separations, annulments, and paternity cases.

(14) Maintenance and support payment records. Records of

maintenance and support payments received by the clerk of circuit

court: 40 years after entry of judgment of divorce, legal separation,

annulment, or paternity, or entry of final order.

(15) Felony case files. All documents deposited with the clerk

of circuit court in proceedings disposed as felonies: 50 years after

entry of final judgment; for Class A felonies, 75 years after entry of

final judgment. If the proceeding results in a dismissal or acquittal of

all charges, documents retained under this section shall be retained as

if the proceeding was disposed as a felony.

(16) Felony court record. A history and index of proceedings

disposed as felonies: 50 years after entry of final judgment; except for

Class A felonies, 75 years after entry of final judgment. If the

proceeding results in a dismissal or acquittal of all charges, the history

and index retained under this section shall be retained as if the

proceeding was disposed as a felony.

(17) Felony minute record. A brief statement of in-court

proceedings disposed as felonies, generally maintained in the case

file: 50 years after entry of final judgment; except for Class A

felonies, 75 years after entry of final judgment. If the proceeding

results in a dismissal or acquittal of all charges, the record retained

under this section shall be retained as if the proceeding was disposed

as a felony.

(17g) Sexually violent person commitments. All documents

deposited with the clerk of circuit court for the commitment of an

inmate under ch. 980, stats.: 75 years after entry of final judgment.

(17m) Sexually violent person commitment court record. A

history and index of proceedings for the commitment of an inmate: 75

years after entry of final judgment.

(17r) Sexually violent person commitment minute record. A

brief statement of in-court proceedings for the commitment of an

inmate, generally maintained in the case file: 75 years after entry of

final judgment.

(18) Misdemeanor case files. All documents deposited with

the clerk of circuit court in proceedings disposed as misdemeanors,

including criminal traffic offenses: 20 years after entry of final

judgment. If the proceeding results in a dismissal or acquittal of all

charges, the documents retained under this section shall be retained as

if the proceeding was disposed as a misdemeanor.

(19) Misdemeanor court record. A history and index of

proceedings disposed as misdemeanors, including criminal traffic

offenses: 20 years after entry of final judgment. If the proceeding

results in a dismissal or acquittal of all charges, the history and index

retained under this section shall be retained as if the proceeding was

disposed as a misdemeanor.

(20) Misdemeanor minute record. A brief statement of in-court

proceedings disposed as misdemeanors, including criminal traffic

offenses, generally maintained in the case file: 20 years after entry of

final judgment. If the proceeding results in a dismissal or acquittal of

all charges, the record retained under this section shall be retained as

if the proceeding was disposed as a misdemeanor.

(20g) Complex forfeitures. All documents deposited with the

clerk of circuit court in proceedings commenced as complex

forfeitures: 20 years after entry of final judgment.

(20m) Complex forfeitures court record. A history and index

of proceedings commenced as complex forfeitures: 20 years after

entry of final judgment.

(20r) Complex forfeitures minute record. A brief statement of

in-court proceedings commenced as complex forfeitures, generally

maintained in the case file: 20 years after entry of final judgment.

(21) (Repealed)

(22) (Repealed)

(23) (Repealed)

(24) Traffic forfeiture, conservation forfeiture and ordinance

violation case files. All documents deposited with the clerk of circuit

court in proceedings disposed as traffic forfeitures, conservation

forfeitures, or ordinance violations, including juvenile ordinance

violations: 5 years after entry of final judgment. If the proceeding

results in a dismissal or acquittal of all charges, the documents

retained under this section shall be retained as if the proceeding was

disposed as a traffic forfeiture, conservation forfeiture, or ordinance

violation.

(24a) Traffic forfeiture, conservation forfeiture, and ordinance

violation court record. A history and index of proceedings disposed as

traffic forfeitures, conservation forfeitures, or ordinance violations,

including juvenile ordinance violations: 5 years after entry of final

judgment. If the proceeding results in a dismissal or acquittal of all

charges, the record retained under this section shall be retained as if

the proceeding was disposed as a traffic forfeiture, conservation

forfeiture, or ordinance violation.

(24m) Traffic forfeiture, conservation forfeiture, and ordinance

violation minute record. A brief statement of in-court proceedings in

actions disposed as traffic forfeitures, conservation forfeitures, or

ordinance violations, including juvenile ordinance violations,

generally maintained in the case file: 5 years after entry of final

judgment. If the proceeding results in a dismissal or acquittal of all

charges, the record retained under this section shall be retained as if

the proceeding was disposed as a traffic forfeiture, conservation

forfeiture, or ordinance violation.

(25) (Repealed)

(26) Records of John Doe proceedings. All documents

deposited with the clerk of circuit court in proceedings commenced as

John Doe actions: 75 years after date of final proceeding.

(26m) Records of proceedings commenced under s. 968.02(3),

stats. All documents deposited with the clerk of circuit court in

proceedings commenced under s. 968.02(3), stats.: 75 years after date

of final proceeding.

(27) Search warrants. Except as provided under sub. (27m),

orders signed by a judge directing a law enforcement official to

conduct searches: 75 years after filing with the court, unless filed with

a case file.

(27m) Juvenile court search warrants. Search warrants

deposited with the juvenile court in proceedings under ch. 48 and 938,

stats.: 15 years after filing with the court, unless filed with a case file.

(28) Records of grand jury proceedings. All documents

deposited with the clerk of circuit court in proceedings commenced

under s. 756.10, or s. 968.40, stats.: 75 years after the date of final

proceedings.

COMMENT

SCR 72.01(28) contains a reference to s. 756.10, stats., which was renumbered s. 968.40,

stats., by Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); Wis. Stat. § 968.40 (1997). This

reference is intended to clarify that sub. (28) includes matters commenced before the statutory

renumbering.

(29) Probate case files. All documents deposited with the

register in probate in proceedings commenced under chs. 851 to 879,

stats.: 75 years after entry of final judgment or order or an order

discharging the personal representative or trustee.

(30) Probate court record. A history and index of proceedings

commenced under chs. 851 to 879, stats.: 75 years after entry of final

judgment or order, or an order discharging the personal representative

or trustee.

(31) Probate minute record. A brief statement of in-court

proceedings commenced under chs. 851 to 879, stats., generally

maintained in the case file: 75 years after entry of final judgment or

order, or an order discharging the personal representative or trustee.

(32) Guardianship case files. (a) All documents deposited with

the register in probate in adult guardianship proceedings commenced

under chs. 54 or 55, stats., or ch. 880, stats.: 7 years after termination

of guardianship; except 75 years after termination of guardianship if

there was a firearm restriction ordered; and except 7 years after death

of the ward if there was a firearm restriction ordered.

(b) All documents in juvenile guardianship proceedings

commenced under chs. 48 or 54, stats., or ch. 880, stats.: 7 years after

the juvenile’s 18th birthday; except 75 years after termination of

guardianship if there was a firearm restriction ordered; and except 7

years after death of the ward if there was a firearm restriction ordered.

(33) Guardianship court record. (a) A history and index for

adult guardianship proceedings commenced under chs. 54 or 55,

stats., or ch. 880, stats.: 7 years after termination of guardianship;

except 75 years after termination of guardianship if there was a

firearm restriction ordered; and except 7 years after death of the ward

if there was a firearm restriction ordered.

(b) A history and index for juvenile guardianship proceedings

commenced under chs. 48 or 54, stats., or ch. 880, stats.: 7 years after

the juvenile’s 18th birthday; except 75 years after termination of

guardianship if there was a firearm restriction ordered; and except 7

years after death of the ward if there was a firearm restriction ordered.

(34) Guardianship minute record. (a) A brief statement of in-court proceedings for adult guardianships commenced under chs. 54

or 55, stats., or ch. 880, stats., generally maintained in the case file: 7

years after termination of guardianship; except 75 years after

termination of guardianship if there was a firearm restriction ordered;

and except 7 years after death of the ward if there was a firearm

restriction ordered.

(b) A brief statement of in-court proceedings for juvenile

guardianships commenced under chs. 48 or 54, stats., or ch. 880,

stats.: 7 years after the juvenile’s 18th birthday; except 75 years after

termination of guardianship if there was a firearm restriction ordered;

and except 7 years after death of the ward if there was a firearm

restriction ordered.

COMMENT

SCRs 72.01 (32) through (34) contain references to ch. 880, which was repealed and

replaced with Wis. Stat. ch. 54. 2005 Wis. Act 387, § 100 (effective May 25, 2006). These

references are intended to clarify that subs. (32) through (34) include matters commenced before

the statutory renumbering.

(35) Wills deposited for safekeeping. Will deposited by a

testator with the register in probate of the court of the county where

the testator resides: 100 years after filing.

(36) Wills not admitted to probate. Wills deposited after the

death of a testator where there is no estate to probate: 100 years after

filing.

(37) Registry of wills. An index kept by a register in probate

of all wills deposited or delivered prior to probate: 100 years after

final entry.

(38) Mental health case files. All documents deposited with

the clerk of circuit court or register in probate in proceedings

commenced under ch. 51, stats.: 7 years after entry of final order;

except 75 years after termination of commitment if there was a

firearm restriction ordered.

(39) Mental health court record. A history and index of

proceedings commenced under ch. 51, stats.: 7 years after entry of

final order; except 75 years after termination of commitment if there

was a firearm restriction ordered.

(40) Mental health minute record. A brief statement of in-court

proceedings commenced under ch. 51, stats., generally maintained in

the case file: 7 years after entry of final order; except 75 years after

termination of commitment if there was a firearm restriction ordered.

(42) Termination of parental rights and adoption case files. All

documents deposited with the clerk of circuit court, register in probate

or clerk of court for juvenile matters in every termination of parental

rights and adoption proceeding: 150 years.

(42m) Juvenile delinquency, juveniles in need of protection

and services and children in need of protection and services case files.

Except as provided in sub. (24), all documents deposited with the

clerk of circuit court, register in probate, or clerk of court for juvenile

matters in proceedings commenced under ch. 48 or 938, stats.: 4 years

after the 18th birthday of the juvenile or child; except 75 years after

the adjudication of the juvenile or child if he or she was adjudicated

delinquent for committing an act that would be punishable as a felony

if committed by an adult; except 75 years after the adjudication of the

juvenile or child if he or she was adjudicated delinquent for

committing an act that would be punishable as a misdemeanor if

committed by an adult and there was a firearm restriction ordered or

there was a requirement that the juvenile or child register with the

Wisconsin Department of Corrections Sex Offender Registry.

(43) Juvenile court record. A history and index of proceedings

commenced under ch. 48 or 938, stats.: 4 years after the 18th birthday

of the juvenile or child; except 75 years after the adjudication of the

juvenile or child if he or she was adjudicated delinquent for

committing an act that would be punishable as a felony if committed

by an adult; except 75 years after the adjudication of the juvenile or

child if he or she was adjudicated delinquent for committing an act

that would be punishable as a misdemeanor if committed by an adult

and there was a firearm restriction ordered or there was a requirement

that the juvenile or child register with the Wisconsin Department of

Corrections Sex Offender Registry.

(44) Juvenile minute record. A brief statement of in-court

proceedings in actions commenced under ch. 48 or 938, stats.,

generally maintained in the case file: 4 years after the 18th birthday of

the juvenile or child; except 75 years after the adjudication of the

juvenile or child if he or she was adjudicated delinquent for

committing an act that would be punishable as a felony if committed

by an adult; except 75 years after the adjudication of the juvenile or

child if he or she was adjudicated delinquent for committing an act

that would be punishable as a misdemeanor if committed by an adult

and there was a firearm restriction ordered or there was a requirement

that the juvenile or child register with the Wisconsin Department of

Corrections Sex Offender Registry.

(45) Non-criminal case exhibits, paper, and non-paper. One

year after the time for appeal has expired, provided that return of the

exhibit has been offered to the proffering party or unless all parties

have stipulated to an earlier return of exhibits.

(46) (a) Felony case exhibits, paper, and non-paper. The later

of twenty years after entry of final judgment or until every person in

custody as a result of the action or proceeding has reached his or her

discharge date, provided that return of the exhibit has been offered to

the proffering party.

(b) Misdemeanor case exhibits, paper, and non-paper. Ten

years after entry of final judgment, provided that return of the exhibit

has been offered to the proffering party.

(c) Juvenile delinquency case exhibits, paper, and non-paper.

Four years after the 18th birthday of the juvenile or child, provided

that return of the exhibit has been offered to the proffering party.

COMMENT

"Exhibits," as referenced in SCR 72.01(45) and (46), refers to exhibits that are submitted

to the court during a trial or hearing and are marked with an official exhibit sticker. Under this rule,

"exhibits" does not refer to documents that are attached to pleadings or other filings submitted to

the court. Documents falling into the latter category are retained pursuant to the retention rule

applicable to the court record.

(46m) Criminal case exhibits containing biological material

subject to forensic deoxyribonucleic acid testing under s. 974.07,

stats. Any criminal case exhibit that is identified by the parties, the

clerk, or the court as containing biological material and that remains

in the court's custody shall be retained until the later of 50 years after

entry of final judgment or until every person in custody as a result of

the action or proceeding has reached his or her discharge date, or until

the court otherwise orders the disposition of the evidence under s.

757.54 (2) (c) or 974.07, stats.

(46r) Civil case exhibits for sexually violent person

commitments under ch. 980, stats. For the length of time that the

underlying case is retained pursuant to this rule.

COMMENT

Deoxyribonucleic acid (DNA) technology is increasingly vital to ensuring accuracy and

fairness in the criminal justice system. Section 974.07, stats., does not define the term "biological

material." The development of new techniques and scientific breakthroughs in all areas of the

forensic sciences will influence determinations of criminal case exhibits to be retained pursuant to

SCR 72.01 (46m).

(47) Verbatim record of in-court proceedings. The verbatim

record, created as authorized under SCR 71.01 (3): 10 years after the

hearing.

(48) Receipts. A receipt for money received by the clerk of

circuit court or register in probate: 7 years after issuance.

(49) Bank transactions. Deposit slips, bank statements and

canceled checks: 7 years after transaction.

(50) Trust account ledgers. Records of trust accounts

maintained by a clerk of circuit court or register in probate: the

retention period for case file from which the trust account emanates.

(51) Certificates of payment. A certificate or voucher

authorized for payment by the court: 7 years after filing.

(52) Jury payroll. A record of jury fees paid: 7 years after

filing.

(53) Juror questionnaires. A form sent to determine eligibility

of prospective jurors: 4 years after panel service.

(54) Jury array. A list of qualified persons selected to serve as

jurors: 4 years after panel service.

(55) Record of jurors. A record of jurors summoned to serve

on juries: 4 years after panel service.

(56) (Repealed)

(57) (Repealed)

(58) Oaths of office. Oaths of office required to be filed with

the clerk of circuit court by county officials: 7 years after expiration of

term.

(59) Register of officials. A listing of the names and terms of

appointment for court commissioners, deputy sheriffs, notaries public

and municipal judges: 2 years after expiration of term.

(60) Naturalization records. Records of applications for U.S.

citizenship and proceedings to grant U.S. citizenship: Transfer

custody to the State Historical Society of Wisconsin.

(61) Court records no longer created, utilized, or maintained.

Records no longer created, utilized, or maintained by the court for

legal purposes: 20 years after repeal, modification, supersession, or

amendment.

(62) Court records in book form. Court records kept in book

form may contain various case and record types; depending upon the

case and record type, one of the following shall be used to determine

the longest minimum retention period as specified under this rule:

(a) Beginning with the date of final entry for the most recently

disposed case.

(b) Beginning with the date of final entry for felony cases

when maintained in books with other case types.

(c) Beginning with the date of the 18th birthday of the

youngest juvenile covered in the book when pertaining to proceedings

commenced under chapter 48 of the statutes.

(63) Inquest records. Records of an inquest under s. 979.08,

stats., including testimony, evidence, written instructions and findings

of probable cause or verdict: No retention; record is delivered to the

coroner or medical examiner for safekeeping.

(64) Incarcerated person records. Prisoner litigation

correspondence, pleadings, and other documents kept until they are

reviewed by a judge to determine if the action can be filed without the

payment of filing fees and court costs: 5 years after date of

submission.