21.6Retention and Destruction of Family Division Records
“For purposes of retention, the records of the trial courts include: (1) administrative and fiscal records, (2) case file and other case records, (3) court recordings, log notes, jury seating charts, and recording media, and (4) nonrecord material.[1] The records of the trial courts shall be retained in the medium prescribed by MCR 1.109.” MCR 8.119(K). MCR 1.109(A)(1) provides that “[c]ourt records may be created using any means and may be maintained in any medium authorized by these court rules provided those records comply with other provisions of law and these court rules.”2
For additional information on records management, and for links to records retention and disposal schedules, see the State Court Administrative Office’s Records Management.
B.Disposal of Files and Records
MCR 8.119(K) requires, in part, that “[t]he records of a trial court may not be disposed of except as authorized by the records retention and disposal schedule and upon order by the chief judge of that court.” Additionally, “[b]efore disposing of records subject to the order, the court shall first transfer to the Archives of Michigan any records specified as such in the Michigan trial courts approved records retention and disposal schedule.” Id.
Note: “An order disposing of court records shall comply with the retention periods established by the State Court Administrative Office and approved by the state court administrator, Attorney General, State Administrative Board, Archives of Michigan and Records Management Services of the Department of Management and Budget, in accordance with MCL 399.811.”3 MCR 8.119(K).
“The court shall destroy its case files and other court records only as prescribed by the records retention and disposal schedule established under MCR 8.119(K).[4] Destruction of a case record does not negate, rescind, or set aside an adjudication.” MCR 3.925(E).
1 MCR 8.119(D)-(G) address these various types of records. MCR 8.119(G) provides that “[a]ll court records not included in [MCR 8.119(D)-(F)] are considered administrative and fiscal records or nonrecord materials and are not subject to public access under [MCR 8.119](H). These records are defined in the approved records retention and disposal schedule for trial courts.” See Section (A) for additional discussion of records.
2 “Court records are defined by MCR 8.119 and [MCR 1.109(A)][, which MCR 1.109(A) defines] [c]ourt records [as] recorded information of any kind that has been created by the court or filed with the court in accordance with Michigan Court Rules.” MCR 1.109(A)(1). “Court records include, but are not limited to: (i) documents, attachments, data, and other materials filed with the clerk of the court, (ii) documents, recordings, data, and other recorded information created or handled by the court, including all data produced in conjunction with the use of any system for the purpose of transmitting, accessing, reproducing, or maintaining court records.” MCR 1.109(A)(1)(a). For additional information on court records, see Section (A).
3 See Section 21.6(A) for discussion of records retention.
4 See SCAO’s record retention and disposal schedules for more information.