Rule 26. Court Records Management and Retention

(A) Applicability and intent

(1) Sup.R. 26 through 26.06 are intended to provide minimum standards for maintaining, preserving, and destroying court records and authorizing alternative electronic methods and techniques. Implementation of Sup.R. 26 through 26.06 is a judicial, governmental function.

(2) Acknowledging that courts use differing methods of records retention, Sup.R. 26 through 26.06 shall be interpreted to allow for technological advances that improve efficiency of courts and simplify maintenance, preservation, and destruction of court records.

(3) Sealed case files shall be retained in accordance with the applicable retention period associated with the case file.

(4) Effective April 1, 2025, any record that was properly disposed of under a then- effective records retention period does not constitute a violation of these rules.

(B) Definitions As used in Sup.R. 26 through 26.06:

(1) "Administrative document" means a document and information in a document created, received, or maintained by a court that records the administrative, fiscal, personnel, or management functions, policies, decisions, procedures, operations, organization, or other activities of the court.

(2) "Case document" means a document and information in a document regarding a case that is submitted to a court or filed with a clerk of court in a judicial action or proceeding, including pleadings, motions, applications, proof or failure of service, exhibits, depositions, transcripts, orders, judgments, and any documents prepared by the court or clerk regarding a case, such as journals, dockets, and indices.

(3) "Case file" means the compendium of case documents filed in a judicial action or proceeding.

(4) "Court" means courts of appeal; all common pleas courts and divisions, including, but not limited to, general, domestic relations, juvenile, family, probate, or any combined divisions; and municipal and county courts.

(5) "Court record" means a case document or an administrative document, regardless of physical form or characteristic, manner of creation, or method of storage.

(6) "Docket" means the record where the clerk of a court enters all information required by the Revised Code or Supreme Court rule.

(7) "Filed" means the date or date and time stamping of a document.

(8) "Final judgment" means the order, disposition, or ruling by a court that terminates the case.

(9) "Financial record" means any document and information in a document that records a monetary transaction.

(10) "Index" means the reference record used to locate journal, docket, or case file records.

(11) "Journal" means the verbatim record of every order or judgment of a court.

(12) "OHC" means the Ohio History Connection, State Archives Division.

(13) "Recordings of proceedings" means audio recordings, video recordings, and stenographic notes.

(14) "Submit" means to deliver a document to the custody of and for consideration by a court.

(C) Required records

(1) Each court, through its clerk, shall maintain an index, docket, journal, and case files.

(2) A stamp indicating the day, month, and year of filing shall be placed on the paper or electronic entry of any paper or electronic entry permitted by the court.

(D) Content of docket A docket shall include, at a minimum, all of the following:

(1) Names and addresses of all parties;

(2) Names, addresses, and Supreme Court attorney registration numbers of all counsel;

(3) Issuance of documents for service upon a party and the return of service or lack of return;

(4) Brief descriptions of all records and orders filed in the proceeding, including the date filed and cross-references to other records as appropriate;

(5) A schedule of court proceedings;

(6) All actions taken by a court to enforce orders or judgments;

(7) Any information necessary to document the activity of the clerk of court regarding the case. The docket shall provide the dates and a description of all hearings, pleadings, orders, and other filings in an action, proceeding, or other matter in the court. The docket shall be organized in a case specific and chronological manner.

(E) Combined records Indexes, dockets, journals, and case files may be combined. Combined records must be retained in accordance with the record that has the longest retention period.

(F) Allowable record media

(1) A court record may be created, recorded, maintained, copied, replaced, or preserved on paper; electronic media, including text or digital images; or microfilm.

(2) A court record may be converted from its original medium to another medium. Upon conversion, the original or prior medium may be destroyed.

(3) Any records and information management process, including photography, microfilm, and electronic data processing, may be used as an alternative to paper, provided that the process produces an accurate record or copy of the record.

(a) The court shall cause a backup copy of a record to be made of any record that is created, recorded, maintained, copied, replaced, or preserved. A backup copy shall be made at periodic and reasonable times to ensure security and continued availability of the information. A backup of a record required to be permanently retained shall be stored in a different location than the record it secures.

(b) Records shall be maintained in a conveniently accessible and secure location. Provisions shall be made for inspecting and copying any public records in accordance with applicable statutes and rules. Machines and equipment necessary to allow inspection and copying of public records shall be provided.

(c) In accordance with applicable law and purchasing requirements, a court or clerk of court may acquire equipment, computer software, and related supplies and services for records and information management processes authorized by this division.

(G) Local rules and general retention schedules

(1) By local rule, a court may establish retention schedules for any records not listed in Sup. R. 26.01 through 26.06 and may extend, but not limit, the retention schedule for any record listed in Sup. R. 26.01 through 26.06.

(2) Any record not listed in Sup. R. 26.01 through 26.06 but listed in a general retention schedule established pursuant to R.C. 149.331 may be retained for the time set by that general retention schedule and then destroyed.

(H) Extension of retention period for individual case files A court may order the retention period for an individual case file extended beyond the period specified in Sup. R. 26.02 through 26.05 for the case file.