Destruction of paper records after recording on other medium or passage of certain time.

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A. All paper records which have been recorded on microfilm, microfiche, compact disc, or any other recognized technological means may be destroyed after the respective case has been adjudicated. With the exception of felony conviction records, probate, adoption, quiet title, ejectment, partition, marriage and divorce records, and Indian deed approval records, all court records which have not been recorded on microfilm, microfiche, compact disc, or any other recognized technological means and in which no activity has occurred for twenty-two (22) years, may be destroyed or may be given as historical research materials to an appropriate organization as determined by the court clerk of the district court.

B. Small claims cases and justice of the peace court records shall not be subject to microfilm or other permanent recording requirements. The court clerk of each district court shall destroy the judicial records of justice of the peace courts including docket books on which they are entered, and small claims cases including the docket books and sheets on which they are entered after a five-year period has elapsed since any pleading has been filed or any action taken in the case.

Added by Laws 1996, c. 192, § 1, eff. Nov. 1, 1996. Amended by Laws 1997, c. 400, § 5, eff. July 1, 1997; Laws 2002, c. 390, § 2, emerg. eff. June 4, 2002.


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