Custody of records filed; purging; destruction; microphotography; electronic imaging; evidence; withdrawal of voucher; exemption; child support information

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12-282. Custody of records filed; purging; destruction; microphotography; electronic imaging; evidence; withdrawal of voucher; exemption; child support information

A. The clerk shall keep custody in the clerk's county, and shall take charge of and safely keep and dispose of according to court rules all records which may be filed or deposited in custody.

B. The clerk may destroy all documents, records, instruments, books, papers, depositions, exhibits and transcripts in any action or proceeding in the superior court, or otherwise filed or deposited in custody pursuant to rules established by the supreme court.

C. The clerk shall notify the director of the Arizona state library, archives and public records of records designated for destruction and shall provide these records to the director pursuant to court rules.

D. A photographic or electronic reproduction or image of any of the records described in this section, which has been certified by the clerk in charge of such reproduction or imaging as being an exact replica of the original, shall be received in evidence in all courts, and in hearings before any officer, board or commission having jurisdiction or authority to conduct such hearings, in like manner as the original. A state or local agency shall accept any of the records under this subsection as a registration of a record or a procedure if the agency receives the record from the clerk of the superior court through electronic transmission and the electronically reproduced document states that the copy received is a full, true and correct copy of the original on file with the clerk of the court.

E. Any voucher filed in support of an account by a trustee, a personal representative or any litigant may be withdrawn if a certified copy is retained on file. Pursuant to court rules the clerk may destroy the voucher or, if requested to do so, may deliver the voucher to the trustee, personal representative or litigant. No notification is necessary prior to destruction of such vouchers.

F. Records destroyed pursuant to section 8-349 are exempt from this section.

G. The clerk shall provide information on both parents and each child in a child support case to the child support case registry established pursuant to section 46-442. The information shall be in a format prescribed by the department of economic security and shall include the following:

1. The full name of each parent and child.

2. The social security number or any other uniform identification numbers of each parent and child.

3. The date of birth of each parent and child.

4. Any case identification number.

5. Any other information required by the United States secretary of health and human services.

H. The clerk shall provide the information required in subsection G of this section for child support cases with a support order established, modified or registered in this state on or after October 1, 1998. The clerk shall provide the information to the child support case registry established pursuant to section 46-442 within ten days after the order is entered or the information is updated. The information shall be provided by electronic, magnetic or other means as prescribed by the department of economic security.


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