Rule 5: Preservation of Records
Rule 5. Preservation of Records. —
(1) Except as provided in subsection (b) of this rule, after a record has been filed, it shall not be taken from the clerk's office except by counsel of record in the case, and only with the clerk's permission. Records may not be removed from the court archives by anyone for any purpose except on order of a judge of this Court for good cause shown.
(2) The clerk shall not permit any record to be taken from the clerk's office or the archives without taking a proper receipt therefor.
(1) Unless otherwise ordered, the clerk of this Court is authorized to dispose of the records and other papers associated with the cases decided by this Court subject to the following conditions: (a) all records and other papers shall be maintained for at least six (6) months after the issuance of this court’s mandate; (b) no record or other paper shall be disposed of until the clerk of the trial court and counsel of record for the parties or the parties themselves if they are proceeding pro se have been given at least thirty (30) days notice of the intended disposition; and (c) the manner of the intended disposition shall comply with the applicable statutes and rules governing the disposition of judicial records and exhibits.
(2) Any party receiving a notice of disposition in accordance with Section (b)(1) may object to the disposition of all or part of the records and other papers. Objections must be made in writing stating the basis for the objection and must be filed with the clerk of the Court within thirty (30) days following the date of the notice of disposition. If an objection is timely filed, the records and other papers shall not be disposed of without an order of this Court. Notwithstanding the above, in any case in which there has been a remand by this Court to the trial court and either counsel of record for a party or the parties themselves if they are proceeding pro se request the original trial exhibits, the clerk of this Court shall return the original trial exhibits to the clerk of the trial court.
(3) If any panel of this Court determines that the record and other papers in a case to which it has been assigned has possible historical value, the panel may enter an order directing the clerk of the Court to transfer the record and other papers to the State Library and Archives for preservation or other disposition as the State Library and Archives deems appropriate.
[Amendment adopted effective June 17, 2015, filed on September 3, 2015].Back to Top