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| PART 104.
Retention And Disposition Of Court Records |
| Commercial
reuse of the Rules as they appear on this web site is
prohibited. The official version of the Rules published
in the NYCRR is available on Westlaw. |
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104.01 Application
104.02 Retention schedules
104.03 Procedure for disposition of court records
104.04 Microphotography of court records
104.05 Confidentiality
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104.01 Application.
(a) These rules shall apply to court records of all of the
courts of the Unified Court System, including records of commissioners
of jurors. Any action taken with respect to the records of
the Court of Appeals and Appellate Divisions shall be subject
to the approval of the Chief Judge of the Court of Appeals
and the Presiding Justices of the Appellate Divisions for
the records in their respective courts.
(b) The term "court records" shall include all documents
and records that are part of the court file of each case
and all books, papers, calendars, statistical schedules
and reports and other records pertaining to the management
of court cases.
(c) The term "microphotography" shall include all methods
of microimaging.
(d) References to the Deputy Chief Administrator for Management
Support shall include a designee of the Deputy Chief Administrator
for Management Support.
Historical Note
Sec. added by renum. 7.1, filed Feb. 2, 1982; repealed, new
filed July 13, 1989 eff. July 5, 1989. |
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| Section
104.02 Retention schedules.
The Chief Administrator
of the Courts shall promulgate schedules for the retention
and disposition of court records. These schedules shall include
a description of each record and the time period required
for its retention. The time periods shall take into account
the needs of both the court and the parties appearing before
the court, and the historical value of the records for research
purposes.
(b) Unless a permanent record by microphotography or other
method of microimaging first is made and permanently retained,
judgment rolls and other records, books and papers that affect
the mental illness or the sanity or competency of any person
shall be retained for at least 50 years; and that the judgment
rolls and other records, books and papers that affect the
marital rights or status or the custody or lineage of any
person and judgment rolls regardless of their age that affect
title to real property shall be retained permanently.
Historical Note
Sec. filed July 13, 1989; amd. filed June 3, 1997 eff. May
21, 1997. Amended (b). |
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| Section
104.03 Procedure for disposition of court records.
(a) Any court
seeking to dispose of court records shall make a written request
for such disposal to the Deputy Chief Administrator for Management
Support. The request shall describe in appropriate detail
the records sought to be disposed of, including the nature
of the records and the range of dates of their filing or creation.
(b) The Deputy Chief Administrator for Management Support
shall determine the request based upon the retention schedules
created pursuant to section 104.2 of this Part and in accordance
with the needs of the courts. The Deputy Chief Administrator
may require that a sampling of the records be made, based
upon a methodology approved by the Deputy Chief Administrator,
and that the sample be retained for research purposes.
(c) Suitability of arrangement for the storage of court
records outside of court facilities, including any contracts
entered into for such storage, shall be approved by the Deputy
Chief Administrator for Management Support.
(d) Nothing in the retention schedules or these rules shall
limit the authority of the Deputy Chief Administrator for
Management Support to permit the disposition of any court
records upon a showing of special circumstances and as permitted
by law.
(e) In those actions or proceedings where the retention
schedules provide that the period of retention shall commence
at the date of disposition of the action or proceeding, where
the clerk of any court has opened a case file for such action
or proceeding, and where a continuous period of at least five
years has elapsed during which such file is totally inactive,
there being no additional papers filed therein nor any additional
notations made therein or on the file jacket, the required
period of retention for such file shall be deemed to have
commenced at the end of such five-year period and the file
may be disposed of in accordance with these rules and the
appropriate retention schedules. This provision shall have
no effect upon the action or proceeding or any substantive
or procedural rights of any of the parties.
Historical Note
Sec. filed July 13, 1989 eff. July 5, 1989. |
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| Section
104.04 Microphotography of court records.
(a) All contracts, processes, procedures
and apparatus for the microphotography of court records shall
be subject to prior approval by the Deputy Chief Administrator
for Management Support.
(b) Court records that have been microphotographed pursuant
to subdivision (a) of this section may be disposed of pursuant
to section 104.3 of this Part, provided that the microphotographs
are satisfactorily identified and indexed, are on durable
material that allows for accurate reproduction, and are stored
in a facility approved by the Deputy Chief Administrator for
Management Support.
Historical Note
Sec. filed July 13, 1989 eff. July 5, 1989. |
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| Section
104.05 Confidentiality.
Court records that are microphotographed, retained for research
purposes or designated for disposition remain subject to all
statutory provisions pertaining to access and confidentiality
that are applicable to the original records. Arrangements
for the microphotographing, retention or disposal of court
records that are sealed or otherwise deemed confidential must
preserve the level of protection and non-access required by
law.
Historical Note
Sec. filed July 13, 1989 eff. July 5, 1989. |
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