Rule 26.03. General, Domestic Relations, and Juvenile Divisions of the Courts of Common Pleas Records Retention Schedule

(A) Retention schedule for the index, docket, and journal The index, docket, and journal of a division shall be retained permanently.

(B) Recordings of proceedings Recordings of proceedings shall be retained for five years after the final judgment in the case, except for cases where the death penalty is imposed, which shall be retained permanently.

(C) Judge, magistrate, and clerk drafts, notes, and research Judge, magistrate, and clerk drafts, notes, and research may be destroyed as soon as they are considered to be of no value by the person holding them.

(D) Retention schedule for court of common pleas — general jurisdiction case files

(1) Death penalty cases Case files where the death penalty is imposed shall be retained permanently.

(2) Real estate Case files of matters that resulted in a final judgment determining title or interest in real estate shall be retained permanently.

(3) Search and interception warrant records Search and interception warrant records shall be indexed. Search warrants, returns, and the corresponding index shall be retained for five years after the date of service or last service attempt. Interception warrants, returns, and the corresponding index shall be retained for ten years after the date of service or last service attempt.

(4) Voluntary dismissals Case files of matters that are voluntarily dismissed shall be retained for three years after the date of the dismissal.

(5) Civil stalking protection order petitions

(a) Case files of petitions for civil stalking protection orders shall be retained for one year after the expiration of any resulting protection order.

(b) Case files of petitions for civil stalking protection orders in which no protection order was issued shall be retained for one year after the date the petition was filed.

(c) Case files of petitions for civil stalking protection orders in which post- decree motions have been filed shall be retained for one year after the adjudication of the post-decree motion.

(6) Felony convictions

(a) Depositions and transcripts filed in cases resulting in a conviction of a felony of the first, second, or third degree or an unclassified felony shall be retained for fifty years after final judgment.

(b) Depositions and transcripts filed in cases resulting in a conviction of a felony of the fourth or fifth degree shall be retained for twelve years after final judgment.

(7) Other case files Any case file not listed in this division shall be retained for twelve years after the final judgment. Documents within a case file admissible as evidence of a prior conviction, including evidence that a defendant was represented by counsel or waived their right to counsel, shall be retained for fifty years after the final judgment.

(E) Retention schedule for court of common pleas — domestic relations jurisdiction case files

(1) Real estate Case files of matters that resulted in a final judgment determining title or interest in real estate shall be retained permanently.

(2) Divorce, dissolution, legal separation, annulment, custody, parentage, visitation, support enforcement, or Uniform Interstate Family Support Act: with minor children Case files of divorce, dissolution, legal separation, annulment, custody, parentage, visitation, support enforcement or the Uniform Interstate Family Support Act that involve minor children shall be retained for twenty-five years after the date of the final judgment.

(3) Divorce, dissolution, legal separation, or annulment: without minor children Case files of divorce, dissolution, legal separation, or annulment not involving minor children shall be retained for twelve years after the final judgment.

(4) Divorce, dissolution, legal separation, or annulment: with adult children Case files of divorce, dissolution, legal separation, or annulment that involve children whose parents have a duty to support a child beyond the age of majority shall be retained for five years after the support obligation is terminated or as stated in (D)(2), whichever is later.

(5) Domestic violence and dating violence protection order petitions

(a) Case files of petitions for domestic violence or dating violence protection orders shall be retained for one year after the expiration of any resulting protection order.

(b) Case files of petitions for domestic violence or dating violence protection orders in which no protection order was issued shall be retained for one year after the date the petition was filed.

(c) Case files of petitions for domestic violence or dating violence protection orders in which post-decree motions have been filed shall be retained for one year after the adjudication of the post-decree motion.

(d) Case files of petitions for domestic violence or dating violence protection orders in which the parties are also parties to a divorce, dissolution, or legal separation shall be retained for one year after the expiration of any resulting protection order, until the parties are legally separated, or their marriage is terminated, whichever is later.

(6) Registration or adoption of foreign decree Case files of registrations or adoptions of foreign decrees shall be retained for two years after the emancipation of all of the parties' minor children. Case files of registrations or adoptions of foreign decrees in which post-decree motions have been filed shall be retained for two years after the adjudication of the post-decree motion.

(F) Retention schedule for court of common pleas — juvenile jurisdiction case files

(1) Adult criminal case files Adult criminal case files shall be retained for five years after the final judgment. Documents admissible as evidence of a prior conviction, including evidence that a defendant was represented by counsel or waived their right to counsel, shall be retained for fifty years after the final judgment.

(2) Delinquency, unruly, and marriage consent case files Delinquency, unruly, and marriage consent case files shall be retained for three years after the final judgment.

(3) Juvenile by-pass case files Juvenile by-pass case files shall be maintained in two separate and secure files. The first file shall contain the first page of the complaint and other relevant documents and the second file shall contain the second page of the complaint bearing the signature of the complainant. Each file shall be retained for two years after the final judgment of the juvenile division or court of appeals, whichever is later.

(4) Permanent custody, custody, parentage, visitation, support enforcement, abuse, neglect, dependency, and Uniform Interstate Family Support Act case files Permanent custody, custody, parentage, visitation, support enforcement, abuse, neglect, dependency, and Uniform Interstate Family Support Act case files shall be retained for two years after the child who is the subject of the case reaches the age of majority. Cases that involve children whose parents have a duty to support a child beyond the age of majority shall be retained for five years after the support obligation is terminated.

(5) Search and interception warrant records Search and interception warrant records shall be indexed. Search warrants, returns, and the corresponding index shall be retained for five years after the date of service or last service attempt. Interception warrants, returns, and the corresponding index shall be retained for ten years after the date of service or last service attempt.

(6) Traffic case files Unclassified and minor misdemeanor traffic case files shall be retained for five years after the final judgment. All other traffic case files shall be retained until the minor child reaches the age of twenty-three.

(7) Juvenile civil protection order petitions

(a) Case files of petitions for juvenile civil protection orders shall be retained for one year after the expiration of any resulting protection order.

(b) Case files of petitions for juvenile civil protection orders in which no protection order was issued shall be retained for one year after the date the petition was filed.

(c) Case files of petitions for juvenile civil protection orders in which post- decree motions have been filed shall be retained for one year after the adjudication of the post-decree motion. Commentary (April 1, 2025 Amendments) Drafts, notes, and research Under Sup.R. 44(C)(2)(e), drafts, notes, and research created by judicial officers and staff are not "case documents" subject to public access, even when stored in the case file. But to avoid inadvertent disclosure in response to public access requests; drafts, notes, and research stored in the case file should be segregated in a clearly marked subfile.