Managing Records: Laws & Regulations
Part 104, 22NYCRR,
Regulations of the Judiciary
Retention and Disposition of Court Records
Sec.
104.1 Application
104.2 Retention schedules
104.3 Procedure for disposition of court records
104.4 Microphotography of court records
104.5 Confidentiality
Historical Note
Part (§ 104.1) added by renum. Part7, filed Feb. 2, 1982; repealed,
new (§§ 104.1-104.5) filed July 13, 1989 eff. July 5, 1989.
§ 104.1 Application.
(a) These rules shall apply to court records of all 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 added by renum. 7.1, filed Feb. 2, 1982; repealed, new filed July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.
§ 104.2 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).
§104.3 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 of any substantive or procedural
rights of any of the parties.
Historical Note
Sec. filed July 13, 1989 eff. July 5, 1989.
§ 104.4 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.
§ 104.5 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.