NOTICE AND REQUEST FOR COMMENT

State Court Records Retention Schedule
(Draft proposal on select state court records)

ORS 8.125(11) provides for the State Court Administrator to prescribe minimum retention schedules and standards for all records of the state courts and the administrative offices of the state courts. The State Court Administrator created a records team in the Oregon Judicial Department to develop and recommend records policies and procedures for the court system.

The records team is working in stages and has completed its third draft proposal, a minimum records retention schedule for circuit and district court records related to individual cases (attachment journal and index, calendar, clerk's registry, execution docket and index, index to cases, judgment docket, journal and index, record of bonds - probate, record of trials/trial book and witness fee book/ record of wills admitted to probate, register of actions, and tickler systems).

The records team has also completed its first draft proposal, a minimum records retention schedule for tax court records (calendar, case filed - magistrate division, case files - regular division, exhibits, fee book, index to cases, journal, judgment docket, record of proceedings, register of action, rules of the court, statistical reports, tape log, tickler systems and transcript of regular division) and appellate court records (bar records, bench sheet, calendar, case file, index to cases, journal and index to journal, miscellaneous papers, recording of oral argument, register of actions, tickler systems, transcript of proceeding, and video/audio record and official log).

By this notice, the records team seeks comment, as follows, on its third draft proposal and issues related to circuit and district court disposal of records and on its first draft proposal and issues related to tax court and appellate court disposal of records:

WRITTEN COMMENTS may be submitted to: Records Management Team, Office of the State Court Administrator, Supreme Court Building, 1163 State Street, Salem OR 97301-2563, FAX (503) 986-5503. All comments must be received by Friday, April 19, 2002.

If any interested person wishes to present data, views, and arguments orally or in writing at a public hearing, the person must make written request for a public hearing and submit this request along with any written comments to the above address. Requests for public hearing must be received by the deadline to receive comments, April 19, 2002. If a public hearing is scheduled, notice will be sent to all respondents who provided written comments.

QUESTIONS may be addressed to: Lynn M. Cutrell (503) 986-5941 (e-mail: lynn.m.cutrell@ojd.state.or.us)

THESE DRAFT PROPOSALS ARE ALSO ON THE OREGON JUDICIAL DEPARTMENT WEBSITE: http://www.ojd.state.or.us.
Click on "What's New?" or "Announcements".


Retention and Disposition Schedule
for Records of the
Oregon Judicial Department



Circuit and District Court Records
Tax Court Records
Appellate Court Records



DRAFT FOR REVIEW AND COMMENT



Revision Date February 6, 2002


Office of the State Court Administrator
Supreme Court Building
1163 State Street
Salem, OR 97301-2563


State Trial Court Records

Section 2.7--Case Processing and Similar Records

Concepts Behind the Retention Schedule for Case Processing and Similar Records


2.700   Rules Regarding Case Processing and Similar Records

    1.100
   (Implementation responsibility)
    1.101
   (Rules, procedures, schedules apply to Oregon Judicial Department records)
    1.102
   (State Court Administrator's authority to suspend or revise)
    1.103
   (Retention periods are minimum requirements)
    1.104
   (Records that fit in multiple categories or no category)
    1.105
   (Retention periods apply to "record copy" only)
    1.106
   (Description does not dictate custody, name or media, or how maintained)
    1.107
   (Descriptions do not imply paper records)
    1.108
   (Descriptions do not indicate whether record is subject to disclosure)
    1.109
   (Reproduction of records and their evidentiary effect)
    1.110
   (Recreatable electronic record printouts)
    1.111
   (Records destruction methods)
    1.112
   (Suspending disposal of records)
    1.113
   (Records created in 1920 or earlier)
    1.114
   (Documentation required when records relinquished to another repository)
    1.115
   (Discard orders)



2.710   Attachment Journal & Index to Attachment Journal (Non-OJIN)

Description A manual record, usually in bound volume form, kept for the purpose of recording the filing of sheriff's certificates on attachment.

NOTE: Does not include the actual certificate on attachment or any other related documents (e.g., warrants, orders, releases of attachment, acknowledgments, orders discharging attachment, certificates of copies, orders of dismissal, writs of attachment, executions, and satisfactions). Actual certificate and related documents are considered part of the case file. The information previously kept in this record is now entered in the register of actions. This is no longer a separate record.

Related Laws ORS 29.115, 29.190 (repealed by Oregon Laws 1981, Chapter 898, Section 53), ORCP 84C, 84D

Retention Retention requirement runs until 10 years after last entry in journal provided that county clerk and county sheriff decline to have records relinquished to either of their offices.

(Warning: Many of these records may be old enough to have historic value. See rule 1.113.)


2.711   Calendar

Description Schedule of trial and hearing dates and times set for a specific period created for internal convenience or public information. (Includes scheduling book, show cause calendar, daily docket, trial docket, etc.)

NOTE: Does not include entries in the register of actions, although the record may be a compilation of data drawn from the register of actions.

Related Laws None

Retention This record has no retention requirement. May be discarded when it no longer serves the purpose for which it was created.


2.712   Clerk's Registry (Custody)

Description A registry in which the court places certified copies of foreign custody decrees or related documents. These may affect the jurisdiction of a court of this state or the disposition to be made in a custody proceeding.

NOTE: Effective October 23, 1999, statutes requiring the clerk's registry were repealed and replaced by statutes providing for out-of-state custody determinations to be registered like foreign judgments. Before the 1999 change, some courts maintained a separate book or file containing these records. Courts should treat filings of foreign custody decrees and related documents after October 23, 1999, as domestic relations case files.

Related Laws ORS 109.737(4), 109.860, 109.910 (109.860 and 109.910 were repealed by 1999 Oregon Laws, Chapter 649, Section 55)

Retention Certified Copy and Related Documents Pertaining to a Specific Custody Matter: Retention requirement runs until youngest child is 18 years old or until 18 years after date of filing if age is not known.


2.713   Execution Docket & Index to Execution Docket (non-OJIN)

Description A separate record that was previously required by statute in which the clerk noted, by case, case title, dates of issuance and return of execution, and the filing or return of other documents related to the execution of the judgment or decree. Also may have included an index to such docket.

NOTE: The information previously kept in this record is now entered in the judgment docket and register of actions. A separate record is no longer required by statute.

Related Laws ORS 7.040, 7.050 (repealed by Oregon Laws 1989, Chapter 768, Section 11)

Retention Retention requirement runs until 10 years after last entry in execution docket.

(Warning: Many of these records may be old enough to have historic value. See rule 1.113.)


2.714   Index to Cases

Description A record maintained, regardless of media format, to assist in locating case numbers, parties, and other records related to specific cases. (Also known as the "name index," "direct index," "indirect index," "plaintiff and defendant index," "adoption index," etc.)

Related Laws ORS 7.211 (index to adoption cases--provision removed by Oregon Laws 1979, Chapter 58, Section 5), 7.215(1) (index to filiation cases--provision removed by Oregon Laws 1979, Chapter 58, Section 6), 7.240(2) (probate index)

Retention For purposes of this schedule, all references in an index to a specific case have the same retention and may all be removed from the index if allowed under the following rule:

Under rules 1.114 or 2.205, references to cases with records that cannot be discarded or with records that must be inventoried: Permanent

All Others: Retention requirement runs until the corresponding register of actions is discarded.

NOTE: An index may contain records for multiple cases in a format, such as a bound volume, that may make it impractical to discard individual case references. It may be more practical to maintain an entire index until the retention requirement has run on all records contained in the index.


2.715   Judgment Docket

Description A record where clerks enter judgments for the payment of money and such other judgments as specifically provided by statute. Information in the judgment docket may include judgment debtor, judgment creditor, amount of judgment, date of entry in register, date docketed, date of appeal, decision on appeal, execution/garnishment information, assignment of judgment, satisfactions, and other information as prescribed by statute, court order, or court rule.

Related Laws ORS 7.040 (emphasis on subsection 2), 18.320, 18.360 (emphasis on subsection 3), 18.400, 18.410, 18.420, 25.700, 183.485(1); ORCP 70B(1)

NOTE: ORS 18.360(3) creates parts of certain domestic relations judgments that may live longer than the 20 years listed under All Others below. This issue will be presented to the 2003 legislative session for clarification and resolution.

Retention For purposes of this schedule, the judgment docket for each case shall be considered a separate record.

Where Full Satisfaction Has Been Docketed in Judgment Docket: Retention requirement runs until 30 days after docketing of full satisfaction as to all creditors.

Where Full Satisfaction Has Not Been Docketed:

Judgments in Domestic Relations Cases, and Juvenile Dependency Cases: Retention requirement runs until 75 years after filing of the starting instrument on the case or docketing of the judgment if starting instrument date cannot be determined.

All Others: Retention requirement runs until 20 years after judgment is docketed.


2.716   Journal & Index to Journal (Non-OJIN)

Description A separate record previously required by statute where the clerk entered the proceedings and orders of the court. The journal may contain the actual text of the orders.

NOTE: The journal is no longer required by statute.

Related Laws ORS 7.030 (repealed by Oregon Laws 1985, Chapter 540, Section 47), 7.211 (adoption journal--provision removed by Oregon Laws 1979, Chapter 58, Section 5), 7.215 (filiation journal--provision removed by Oregon Laws 1979, Chapter 58, Section 6), 7.240(2), 7.240(3) (provision relating to probate journal removed by Oregon Laws 1985, Chapter 540, Section 12)

Retention Index: Has the same retention as the journal.

Journal: If orders are duplicates of records in court case files, no retention requirement for journal. Otherwise each journal record must be treated as part of the case file.

NOTE: A journal may contain records for multiple cases in a format, such as a bound volume, that may make it impractical to discard individual case references. It may be more practical to maintain an entire journal until the retention requirement has run on all records contained in the journal.

(Warning: Many of these records may be old enough to have historic value. See rule 1.113.)


2.717   Record of Bonds--Probate (Non-OJIN)

Description A separate record, usually in bound volume form, that was previously required by statute in which the clerk recorded the undertakings of all executors, administrators, guardians, and conservators.

NOTE: Does not include the original bond which is considered part of the case file.

Related Laws ORS 7.240(4) (relevant provision removed by Oregon Laws 1985, Chapter 540, Section 12)

Retention This record has no retention requirement. May be discarded at the courts discretion.

(Warning: Many of these records may be old enough to have historic value. See rule 1.113.)


2.718   Record of Trials/Trial Book and Witness Fee Book (Non-OJIN)

Description Manually produced records, usually in bound volume form, with trial-specific entries. Entries may include but are not limited to: jury term; case title; type of case; date of trial; names of bailiff, jurors, witnesses, judge, attorneys, court clerk, court reporter; juror and witness time served and payments; jurors excused/rejected; notes on what happened during the proceeding.

NOTE: Does not include a log of electronically recorded court proceedings. (See Rule 2.311.)

Related Laws ORS 44.440 and 44.450 (1953 Edition) (witness fee book)

Retention This record has no retention requirement. May be discarded at the courts discretion.

(Warning: Many of these records may be old enough to have historic value. See rule 1.113.)


2.719   Record of Wills Admitted to Probate

Description A manually produced record, usually in bound volume form, in which the clerk recorded wills admitted to probate by order of the court or judge or the authenticated record of all foreign wills.

NOTE: Does not include wills deposited with the court for safekeeping. (See Rule 2.272.)

Related Laws ORS 7.240(2) (relevant provision removed by Oregon Laws 1985, Chapter 540, Section 12)

Retention Do not destroy. Continue to retain until State Archives is willing to accept.

(Warning: Many of these records may be old enough to have historic value. See rule 1.113.)


2.720   Register of Actions

Description A record wherein clerks enter, by title, every action, suit, or proceeding commenced in, transferred to, or appealed to the court, according to the date of its commencement, transfer, or appeal. Information in the register of actions includes the date of filing of any paper or process; the date of making, filing, and entry of any order, judgment, ruling, or other direction of the court concerning an action, suit, or proceeding; other information required by statute, court order, or rule. (May also be called "equity docket," "circuit court docket," "criminal docket," "civil docket," "probate register," etc.)

Related Laws ORS 7.010(1), 7.020, 7.240, 19.255, 137.170, 138.071, 183.485(2), 419A.255(5)(g), ORCP 70B(1)

Retention NOTE: For purposes of this schedule, the register of actions for each case shall be considered a separate record.

Retention requirement runs until all of the following have occurred:

  • The retention period for the WOLFE records in the corresponding case file has ended, AND
  • The case file has been discarded (not relinquished), AND
  • EITHER an entry has been made on the register stating that the case file has been destroyed OR the register is being discarded at the same time as the corresponding case file OR the presiding judge has signed a discard order authorizing destruction of the register.

NOTE: The register of actions for multiple cases may be maintained in a form, such as a bound volume, which may make it impractical to discard individual case registers. It may be more practical to maintain all registers so combined until the retention requirement has run on all registers contained in the bound volume or other medium.

(Warning: Many of these records may be old enough to have historic value. See rule 1.113.)


2.721   Tickler Systems

Description Records created for court convenience as a reminder of action to be taken.

NOTE: Does not include the register of actions, although the record may be a compilation of data drawn from the register of actions.

Related Laws None

Retention This record has no retention requirement. May be discarded when it no longer serves the purpose for which it was created.


Tax Court Records

Section 3.1

Concepts Behind the Schedule for Tax Court Records



3.100 Rules Regarding Tax Court Records

    1.100
   (Implementation responsibility)
    1.101
   (Rules, procedures, schedules apply to Oregon Judicial Department records)
    1.102
   (State Court Administrator's authority to suspend or revise)
    1.103
   (Retention periods are minimum requirements)
    1.104
   (Records that fit in multiple categories or no category)
    1.105
   (Retention periods apply to "record copy" only)
    1.106
   (Description does not dictate custody, name or media, or how maintained)
    1.107
   (Descriptions do not imply paper records)
    1.108
   (Descriptions do not indicate whether record is subject to disclosure)
    1.109
   (Reproduction of records and their evidentiary effect)
    1.110
   (Recreatable electronic record printouts)
    1.111
   (Records destruction methods)
    1.112
   (Suspending disposal of records)
    1.114
   (Documentation required when records relinquished to another repository)
    1.115
   (Discard orders)


3.101

3.102

3.103

The inventory must include:

3.104


3.110   Calendar

Description Schedule of trial and hearing dates and times set for a specific period created for internal convenience or public information. (Includes scheduling book, daily docket, etc.)

NOTE: Does not include the register of actions, although the record may be a compilation of data drawn from the register of actions.

Related Laws None

Retention This record has no retention requirement. May be discarded when it no longer serves the purpose for which it was created.


3.111   Case Files--Magistrate Division

Description A complaint or an order of transfer from Department of Revenue, judgment, and accompanying documents in a case filed in the Magistrate Division of the Tax Court. Includes standard and small claims cases filed in the Magistrate Division. Also includes small claims cases filed in the Tax Court before creation of the Magistrate Division.

Related Laws ORS 305.501(7)

WOLFE Records Judgment, order modifying or setting aside judgment, decision/final order (only if judgment entered in Magistrate Division), satisfactions, order sealing record (only if record sealed is another WOLFE record)

Retention WOLFE Records (and Any Not Previously Purged):
Retention requirement runs until 20 years after entry of judgment in register of actions.

All Other Records (Preliminary Purge Option): Retention requirement runs until 3 years after last document entry in the register of actions (excluding entry of an extension request) provided that a final judgment has been entered in the register of actions in EITHER:

  • the Magistrate Division case, OR

  • the appealed case in the Regular Division

NOTE: An appealed case is given a new case number and filed in the Regular Division


3.112   Case Files--Regular Division

Description A petition or complaint, judgment, and accompanying documents in a case filed in the Regular Division of the Tax Court. Includes opinions whether or not published in the Oregon Tax Reports and dispositive orders.

Related Laws ORS 19.255, 305.485; Supreme Court Rule 2.05(8)

WOLFE Records Judgment, orders modifying judgments, satisfactions, order sealing record.

Retention WOLFE Records (and Any Not Previously Purged):

Retention requirement runs until 75 years after filing of the starting instrument or the filing date of the final judgment/final order if starting instrument filed date cannot be determined.

All Other Records (Preliminary Purge Option): Retention requirement runs until 3 years after last document entry in the register of actions (excluding entry of an extension request/order) provided that a final judgment has been entered in the register of actions.


3.113   Exhibits

Description A document or other physical evidence submitted for a trial or hearing which may be marked for identification and accepted into evidence or rejected. May include income tax forms, property appraisals, and transcripts of the magistrate division hearing or agency hearings prepared by parties.

NOTE: Does not apply to documents labeled "exhibit" that are attached to complaints, motions, or other pleadings filed in the court.

Related Laws Tax Court Rules 3, 56 (2002); Magistrate Division Rules 10 (2002)

Retention If court does not enter an order for return of exhibits, retention requirement runs until 60 days after notice of disposition of exhibits is sent to parties.


3.114   Fee Book (Pre-FIAS)

Description A book wherein the clerk enters under the title of each cause fees due and whether paid.

Related Laws ORS 7.095, 305.485(1) and (4)

Retention Refer to rule 2.6 on Revenue and Trust Accounting Records


3.115   Index to Cases

Description A record maintained, regardless of media format, to assist in locating case numbers, parties, and other records related to specific cases. Also known as the name index.

Related Laws None identified

Retention For purposes of this schedule, all references in an index to a specific case have the same retention and may be removed from the index when the corresponding register of actions is discarded.

NOTE: An index may contain records for multiple cases in a format, such as a bound volume, that makes it impractical to discard individual case references. It may be more practical to maintain an entire index until the retention requirement has run on all records contained in the index.


3.116   Journal

Description A book required by statute wherein the clerk enters the proceedings of the court. (This record is no longer separately identifiable from records maintained in the case file and the register of actions.)

Related Laws ORS 7.095, 305.485(1) and (3)

Retention Retention requirement runs until all of the following have occurred:

  • The retention period for the WOLFE records in the corresponding case file has ended, AND
  • The case file has been discarded

3.117   Judgment Docket

Description A record where clerks enter judgments for the payment of money and other judgments. Information in the judgment docket may include judgment debtor, judgment creditor, amount of judgment, date of journal entry, date docketed, date of appeal, decision on appeal, and date of satisfaction.

Related Laws None identified

Retention This record has no retention requirement. May be discarded when it no longer serves the purpose for which it was created.

NOTE: At the time of the adoption of this rule:

  • a book entitled judgment docket containing legacy entries existed in tax court storage; and
  • tax court clerks made entries in electronic case management system indicating information about judgments in addition to what is shown in the register.

3.118   Record of Proceedings (Regular Division Only)

Description The report of proceedings in the regular division required under ORS 305.430(1). Includes proceedings on audio tape or other media.

Related Laws ORS 19.255, 19.260, 305.430

Retention Retention requirement runs until 5 years after date of recording.


3.119   Register of Actions

Description A record wherein clerks enter, by title, every proceeding commenced in, transferred to, or appealed to the court, according to the date of its commencement, transfer, or appeal. Information in the register of actions includes, by date, the filing or return of any paper or process and the making of any order, rule, or other direction in or concerning such proceeding.

Related Laws ORS 305.485, 305.505(1)

Retention For purposes of this schedule, the register of actions for each case shall be considered a separate record.

Retention requirement runs until all of the following have occurred:

  • The retention period for the WOLFE records in the corresponding case file has ended, AND
  • The case file has been discarded

NOTE: The register of actions for multiple cases may be maintained in a form, such as a bound volume, that makes it impractical to discard individual case registers. It may be more practical to maintain all registers so combined until the retention requirement has run on all registers contained in the bound volume or other medium.


3.120   Rules of the Court (Magistrate and Regular Divisions)

Description Rules of practice and procedure established by the court.

Related Laws ORS 305.425(3)

Retention Retention requirement runs until 15 years after superceded.

NOTE: These rules do not follow the same retention requirements as UTCR's, ORAP, ORCP, etc.


3.121   Statistical Reports

Description Statistical reports of the divisions of the Tax Court, including information required by statute regarding the time required by the Tax Court Magistrate Division to reach its decisions.

Related Laws ORS 305.505(2)

Retention Refer to administrative section on statistical reports (rule___ not yet drafted)


3.122   Tape Log (Regular Division Only)

Description The official log of audio/video recorded court proceedings that identifies speakers, specific events, and nature of proceedings.

Related Laws None

Retention Same as corresponding tape.


3.123   Tickler Systems

Description Records created for court convenience as a reminder of action to be taken.

NOTE: Does not include the register of actions, although the record may be a compilation of data drawn from the register of actions.

Related Laws None

Retention This record has no retention requirement. May be discarded when it no longer serves the purpose for which it was created.


3.124   Transcript of Regular Division

Description A document containing the written transcription of an audio record of proceedings of the Regular Division of the Tax Court.

NOTE: Does not include transcripts covered as exhibits (see rule 3.113 on "exhibits").

Related Laws ORS 305.430(1)

Retention Has the same retention as non-WOLFE records in the corresponding case file.


Appellate Court Records

Section 4.1--Case Records

Concepts Behind the Schedule for Case Records


4.100   Rules Regarding Appellate Court Records

    1.100
   (Implementation responsibility)
    1.101
   (Rules, procedures, schedules apply to Oregon Judicial Department records)
    1.102
   (State Court Administrator's authority to suspend or revise)
    1.103
   (Retention periods are minimum requirements)
    1.104
   (Records that fit in multiple categories or no category)
    1.105
   (Retention periods apply to "record copy" only)
    1.106
   (Description does not dictate custody, name or media, or how maintained)
    1.107
   (Descriptions do not imply paper records)
    1.108
   (Descriptions do not indicate whether record is subject to disclosure)
    1.109
   (Reproduction of records and their evidentiary effect)
    1.110
   (Recreatable electronic record printouts)
    1.111
   (Records destruction methods)
    1.112
   (Suspending disposal of records)
    1.113
   (Records created in 1920 or earlier)
    1.114
   (Documentation required when records relinquished to another repository)
    1.115
   (Discard orders)

4.101

4.102


4.110   Bar Records

Description Records maintained at the Supreme Court which may include, but not limited to, bar applications, law student applications, bar exam results, oaths, index of attorneys, bar roll (1886),

Related Laws ORS chapter 9

Retention Retention requirement runs until relinquished to the State Archives.


4.111   Bench Sheet

Description A list that indicates the panel of judges assigned to cases.

Related Laws None identified

Retention This record has no retention requirement. May be discarded when it no longer serves the purpose for which it was created.


4.112   Calendar

Description Schedule of oral argument dates and times set for a specific period created for internal convenience or public information.

Related Laws None identified

Retention This record has no retention requirement. May be discarded when it no longer serves the purpose for which it was created.


4.113 Case File

Description Notice of appeal or petition for judicial review, opinions, appellate judgment, briefs, motions, orders, petition for attorney fees, cost bill, petition for review and accompanying documents related to an appeal from a court or agency.

NOTE: Does not include any records from the trial court or agency that are subject to rule 4.101.

Related Laws ORS 2.141, 2.150, 7.090, 19.190, 19.435, 19.450, ORAP 5, 14.05.

WOLFE Records: Briefs, opinions, final orders, appellate judgment, preliminary purge orders

Retention WOLFE Records (and Any Not Previously Purged): Retention requirement runs until 75 years after the filing date of the final judgment/final order.

All Other Records (Preliminary Purge Option): Retention requirement runs until 3 years after last document entry in the register of actions (excluding entry of an extension request/order or preliminary records purge order) provided that:

  • a final judgment has been entered in the register of actions, OR

  • a final order has been entered in the register of actions AND the presiding judge has signed a preliminary records purge order for the records.

Warning! See special rule 2.206 before discarding any records on a murder case where the defendant was sentenced to the death penalty or life imprisonment.

Inventory Required prior to discarding case files (see rule 2.205).


4.114   Index to Cases

Description A record maintained (regardless of media format) to assist in locating case numbers, parties, and other records related to specific cases.

Related Laws See Section 2.814 of the Records Retention, Disposition, and Reference Manual

Retention Retention requirement runs until the corresponding register of actions has been destroyed.

NOTE: An index may contain records for multiple cases in a format, such as a bound volume, that may make it impractical to discard individual case references. It may be more practical to maintain an entire index until the retention requirement has run on all records contained in the index.


4.115   Journal & Index to Journal (Non-OJIN)

Description A separate record that was once required by statute where the clerk entered the proceedings and orders of the court. The journal may contain the actual text of the orders. (Note: The information previously required to be kept separately in this record is now maintained elsewhere. The journal is no longer required by statute.). This may also be known as a "record" or "register".

Related Laws ORS 7.010(2) (repealed by OR Laws 1985 Chapter 540 Section 1)

Retention Index: Retention requirement is the same as the journal.

Journal: If orders are duplicates of records in court case files, no retention requirement for journal. Otherwise each journal record must be treated as part of the case file.

(Warning: Many of these records may be old enough to have historic value. See rule 1.113.)


4.116   Miscellaneous Papers

Description Unsolicited documents not identified to relate to a specific case, i.e. motions, correspondence, requests for fee schedule, letters, etc.

Related Laws None identifies

Retention Retention requirement runs six (6) months from date of receipt.


4.117   Recording of Oral Argument (including tape log and record of proceedings)

Description Audio recording, including tape log and record of proceedings, created for use in preparing opinions.

Related Laws None identified

Retention Retention requirement runs two (2) years after final order/decision.


4.118   Register of Actions

Description A record wherein clerks enter, by title, every proceeding commenced in or appealed to the court, according to the date of its commencement or appeal. Information in the register of actions includes the date of filing of any paper or process; the date of making, filing, and entry of any order, judgment, ruling, or other direction of the court concerning a proceeding; other information required by statute, court order, or rule.

Related Laws ORS 7.010(2), 7.020

Retention For purposes of this schedule, the register of actions for each case shall be considered a separate record.

Retention requirement runs until all of the following have occurred:

  • The retention period for the WOLFE records in the corresponding case file has ended, AND
  • The case file has been discarded (not relinquished), AND
  • EITHER an entry has been made on the register stating that the case file has been destroyed OR the register is being discarded at the same time as the corresponding case file OR the presiding judge has signed a discard order authorizing destruction of the register.

NOTE: The register of actions for multiple cases may be maintained in a form, such as a bound volume, which may make it impractical to discard individual case registers. It may be more practical to maintain all registers so combined until the retention requirement has run on all registers contained in the bound volume or other medium.

(Warning: Many of these records may be old enough to have historic value. See rule 1.113.)


4.119   Tickler systems

Description Cards, lists, or other records created for court convenience as a reminder of action to be taken.

NOTE: Does not include the register of actions, although the record may be a compilation of data drawn from the register of actions.

Related Laws None identified

Retention This record has no retention requirement. May be discarded when it no longer serves the purpose for which it was created.


4.120   Transcript of Proceeding

Description A document containing the written transcription of a video/audio recording or court reporter's notes of proceedings in the trial court or agency.

Related Laws ORAP 3.05, 3.45; ORS 19.365(4), 19.380, 19.385

Retention Retention requirement runs until all of the following have occurred:

  • The retention period for the WOLFE records in the corresponding case file has ended, AND
  • The case file has been discarded (not relinquished), AND
  • EITHER an entry has been made on the register stating that the case file has been destroyed OR the register is being discarded at the same time as the corresponding case file.

4.121   Video/Audio Record and Official Log

Description An electronic tape recording of proceedings before a trial court or agency and related official tape log of video/audio-recorded court proceedings that identifies speakers, specific events, and nature of proceedings.

Related Laws ORAP 3.15

Retention Retention requirement runs until all of the following have occurred:

  • The retention period for the WOLFE records in the corresponding case file has ended, AND
  • The case file has been discarded (not relinquished), AND
  • EITHER an entry has been made on the register stating that the case file has been destroyed OR the register is being discarded at the same time as the corresponding case file.


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