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**1.[159]

Legal case file, including but not limited to notice of claim, attorney and investigator activity logs, complaints, court order, motions, notes, briefs, releases and closing sheet

 
  a. For legal case file of county attorney or counsel: 

NOTE: Appraise these records for historical significance prior to disposition. Records with historical value should be retained permanently. Local governments should consider permanent retention of significant cases which have importance or which set major legal precedents. For instance, local governments may wish to permanently retain files for cases concerning major local controversies, issues, individuals and organizations which are likely to be the subject of ongoing research or which result in decisions or rulings of major significance to the local government or community or to the entire state. Contact the State Archives for additional advice in this area. In addition, local governments may wish to retain the complaint and release for routine cases longer for convenience of reference.

6 years after case closed, or 0 after any minor involved attains age 21, whichever is later
  b. For legal case file of public defender: 

NOTE: This retention period provides for lengthy retention of case files in the absence of instructions from the client on the disposition of the records, such as to transfer the file to the client or to destroy the file. This lengthy period will meet potential future needs of the client for the records or information they contain. These may include use in future civil or criminal matters, such as immigration, capital cases or other legal actions, in which records of previous criminal events and proceedings would be relevant.

NOTE: Appraise these records for historical significance prior to disposition. Records with historical value should be retained permanently in the absence of any instructions from the client to the contrary. Local governments should consider permanent retention of significant cases which have importance or which set major legal precedents. For instance, local governments may wish to permanently retain files for cases concerning major local controversies, issues, individuals and organizations which are likely to be the subject of ongoing research or which result in decisions or rulings of major significance to the local government or community or to the entire state. Contact the State Archives for additional advice in this area.

Retain until 6 years after case closed, or 0 after any minor client attains age 21, whichever is later. Subsequent to this period, the file must continue to be maintained until death of the client concerned, 80 years after date of birth of the client concerned, or the client concerned provides instructions on disposition of the file, whichever is earlier.
2.[160] Legal brief file ("brief bank") containing duplicate copies of legal briefs from case files, retained separately for future reference: 0 after no longer needed
*3.[161] Legal case log giving chronological listing of cases: 0 after no longer needed
4.[162] Legal case index, including notations on activities related to case: PERMANENT
5.[163] Subject file assembled and kept for reference purposes: 0 after no longer needed
6.[164] Indigent defendant screening recordsdocumenting investigation of defendant's need for public defender, including case investigations and master summary record of court assignments and subsequent investigation: 6 years
*7.[773] County attorney's or law department's copy of application for "poor person" status, filed according to Article 11, Civil Practice Law and Rules, along with copy of response or recommendation: 1 year
**8.[1047] Subpoena, along with documentation of response, issued to local government agency or officer, when not part of legal case file or any other series of records listed on this Schedule: 

NOTE: Subpoenas relating to legal case files or other series of records listed on this Schedule should be retained as part of or as long as that respective series.

6 months after date of response
 
Last updated
Wed, 2015-10-07 14:58