SCR 72.03

(1) In this rule, "suitably microfilmed or microphotographed"

means being microfilmed or microphotographed, to the extent

practicable, in accordance with the minimum standards for

microfilming and microphotographing as established by the American

National Standards Institute.

(2) Notwithstanding the provisions of SCR 72.01, any record

of a court that has been suitably microfilmed may be destroyed in

accordance with SCR 72.02(1) or (2) 2 years after entry of final order

in the action for which the record is maintained or 2 years after filing

for records not specifically related to court actions.

(3) (a) Except as provided in par. (b) or in sub. (4), any record

of a court that has been electronically or optically stored and

preserved in accordance with SCR 72.05 may be destroyed in

accordance with SCR 72.02(1) and (2) 48 hours after the record has

been electronically or optically stored. A clerk of circuit court is not

required to provide notice of destruction to the State Historical

Society of Wisconsin when the record has been electronically or

optically stored. Notice of destruction to the State Historical Society

of Wisconsin is required when the electronically or optically stored

record will be destroyed once the retention period under SCR 72.01

has expired.

(b) An original will deposited by a testator with the register in

probate of the court of the county where the testator resides, pursuant

to s. 856.03, stats., may be electronically or optically stored after

notice of the testator's death is received and such will is opened by

court, but may not be destroyed until the expiration of the applicable

retention period established in SCR 72.01(35). An original will

deposited after the death of a testator, pursuant to s. 856.05, stats.,

where there is no estate to probate may also be electronically or

optically stored but may not be destroyed until the expiration of the

applicable retention period established in SCR 72.01(36). An original

will deposited with the register in probate and admitted to probate,

pursuant to s. 856.19, stats., may be electronically or optically stored.

Such will may be destroyed two years after case closure, provided it is

electronically or optically stored.

(4) Exhibits specified in SCR 72.01(45), (46), and (46r) of a

documentary nature that are electronically or optically stored may be

destroyed after 48 hours if the exhibit submitted to the court is a copy

and not the original document. If the exhibit the court has received is

an original document, the exhibit may be destroyed 180 days after

entry of a final order or judgment, provided that it has been offered to

the proffering party, unless the time for appeal has been extended

under ss. 809.107, 809.30, or 809.32, stats. In the event of an

extension, the exhibit may be destroyed 30 days after the post-termination or post-conviction deadline has expired.