Management of California Trial Court Records

Section 68150 provides that trial court records may be created, maintained, and preserved in any form or forms of communication or representation, including paper, optical, electronic, magnetic, micrographic, or photographic media or other technology pursuant to the rules adopted by the Judicial Council. This section does not apply to court reporters’ transcripts or to specifications for electronic recordings made as the official record of oral proceedings. These records are governed by the California Rules of Court. There are specified exceptions.

The Judicial Council adopts rules to establish the standards or guidelines for the creation, maintenance, reproduction, or preservation of court records, including records that must be preserved permanently. The standards or guidelines reflect industry standards for each medium used, if those standards exist. The standards or guidelines ensure that court records are created and maintained in a manner that ensures accuracy and preserves the integrity of the records throughout their maintenance. In addition, court records have to be indexed for convenient access.

Section 68151 provides definitions for the following terms: “court record,” “notice of destruction and no transfer,” “final disposition of the case,” and “retain permanently.”

Section 68152 authorizes a trial court clerk to destroy court records after notice of destruction, and if there is no request and order for transfer of the records, except the comprehensive historical and sample superior court records preserved for research under the California Rules of Court, when the following times have expired after the date of final disposition of the case in the categories listed.

Section 68153 provides that, upon order of the presiding judge of the court, court records open to public inspection and not ordered transferred under the procedures in the California Rules of Court, confidential records, and sealed records that are ready for destruction may be destroyed. Destruction is specified. And, notation of the date of destruction is to be made on the index of cases or on a separate destruction index.