The Clerk of the County Courts shall direct that the docket and required records are maintained and retained according to Rules 26, 26.01 and 26.05 of the Rules of Superintendence for the Courts of Ohio.
A. DEFINITION OF DOCKET
As used in Sup. R. 26.05, “docket” means the record where the clerk of the county court enters all of the information historically included in the appearance docket, trial docket, the journal, and the execution docket.
B. REQUIRED RECORDS
County courts shall maintain an index, docket, journal, and case files in accordance with Sup. R. 26(B) and Sup. R. 26.05(A) and (C). Upon the filing of any paper or electronic entry permitted by the court, a stamp or entry shall be placed on the paper or electronic entry to indicate the day, month, and year of filing.
C. CONTENT OF DOCKET
The docket shall be programmed to allow retrieval of orders or judgments of the court in a chronological as well as case specific manner. Entries in the docket shall be made as events occur, shall index directly and in reverse the name of all parties to cases and shall include the following:
(1.) names and addresses of all parties in full;
(2.) names, addresses, Supreme Court attorney registration numbers of all counsel;
(3.) the issuance of documents for service upon a party and the return of service or lack of return;
(4.) a brief description of all records and orders filed in the proceeding, the date filed, and a cross reference to other records as appropriate;
(5.) a schedule of court proceedings and its officers to use for case management;
(6.) all action taken by the court to enforce orders or judgments.
D. RETENTION SCHEDULE FOR FINANCIAL RECORDS
A “financial record” means a record that is related to the imposition of fines, costs, and other fees in cases and controversies heard in the court.
1.) Auditor Reports
Auditor of State reports shall be retained permanently.
2.) Monetary Records
Monetary records shall be retained for three years after the issuance of an audit report by the Auditor of State.
3.) Rental Escrow Account Records
Rental escrow account records shall be retained for five years after the last date of deposit with the court.
4.) Yearly reports
Yearly reports shall be retained permanently.
5.) Index, Docket and Journal
The index, docket and journal shall be retained for twenty-five years.
6.) Judge, Magistrate, Clerk Notes, Drafts and Research
Judge, magistrate, and clerk notes, drafts, and research prepared for the purpose of compiling a report, opinion or other document or memorandum may be kept separate from the case file, retained in the case file or destroyed at the discretion of the preparer.
E. RETENTION SCHEDULE FOR CASE FILES
Pursuant to Sup. R. 26(H), the court may order the retention period for an individual case file extended beyond the time periods specified in subsections (1.) through (7.) below.
1.) Civil Case Files
Civil case files shall be retained for two years after the issuance of an audit report by the Auditor of State.
2.) DUI Case Files
Driving under the influence of alcohol or drug (DUI) case files shall be retained for seven years after the date of the final order of the court.
3.) First Through Fourth Misdemeanor Traffic and Criminal Case Files
Except for DUI case files, first through fourth degree misdemeanor traffic and criminal case files shall be retained for five years after the date of the final order of the court or one year after the issuance of an audit report by the Auditor of State, whichever is later.
4.) Minor Misdemeanor Traffic and Minor Misdemeanor Criminal Case Files
Minor misdemeanor traffic and minor misdemeanor criminal case files shall be retained for two years after the final order of the court or one year after the issuance of an audit report by the Auditor of State, whichever is later.
5.) Parking Ticket Records.
Parking ticket records shall be retained until the ticket is paid and the Auditor of State issues an audit report.
6.) Real Estate
Case files of matters that resulted in a final judgment determining title or interest in real estate shall be retained permanently.
7.) Search Warrant Records
Search warrant records shall be indexed and the warrants and returns in there original form for five years after the date of service or last service attempt.
F. RETENTION SCHEDULE FOR EXHIBITS, DEPOSITIONS AND TRANSCRIPTS
At the conclusion of litigation, including times for direct appeal, a court or custodian of exhibits, depositions, or transcripts may destroy exhibits, depositions, and transcripts (hereinafter collectively referred to as “exhibits”) if all the following conditions are satisfied: (1.) the court notifies the party that tendered the exhibits, in writing, that the party may retrieve the exhibits within sixty (60) days from the date of the written notification; (2.) the written notification informs the party that tendered the exhibits of their location and that the exhibits will be destroyed if not retrieved within sixty (60) days of the notification; (3.) the party that tendered the exhibits does not retrieve them within the sixty-day period.
G. RETENTION SCHEDULE FOR COURT RECORDS
1.) Administrative Journal
Administrative journals that consist of court entries, or a record of court entries, regarding policies and issues not related to cases shall be retained permanently.
2.) Annual Reports
Two copies of each annual report shall be retained permanently.
3.) Bank Records
Bank transaction records, whether paper or electronic, shall be retained for three years or until the issuance of an audit report by the Auditor of State, whichever is later.
4.) Cash Books
Cash books, including expense and receipt ledgers, shall be retained for three years or until the issuance of an audit report by Auditor of State, whichever is later.
5.) Communication Records
Communication records, including routine telephone messages on any medium where official action will be recorded elsewhere, may be destroyed in the normal course of business as soon as they are considered to be of no value by the person holding the records.
6.) Correspondence and General Office Records
Correspondence and general office records, including all sent and received correspondence, in any medium, may be destroyed in the normal course of business as soon as they are considered to be of no value by the person holding the records.
7.) Drafts and Informal Notes
Drafts and informal notes consisting of transitory information used to prepare the official record in any other form may be destroyed in the normal course of business as soon as they are considered to be of no value by the person holding the drafts and informal notes.
8.) Employment Applications for Posted Positions
Employment applications for posted or advertised positions shall be retained for two years.
9.) Employee Benefit and Leave Records
Employee benefit and leave records, including court office copies of life and medical insurance records, shall be retained by the appropriate fiscal officer for three years or until the issuance of an audit report by the Auditor of State, whichever is later.
10.) Employee History and Discipline Records
Records concerning the hiring, promotion, evaluation, attendance, medical issues, discipline, termination, and retirement of court employees shall be retained for ten years after termination of employment.
11). Fiscal Records
Fiscal records, including copies of transactional budgeting and purchasing documents maintained by another office or agency, shall be retained for three years or until the issuance of an audit report by the Auditor of State, whichever is later.
12.) Grant Records
Records of grants made or received by a court shall be retained for three years after expiration of the grant.
13.) Payroll Records
Payroll records of personnel time and copies of payroll records maintained by another office or agency shall be retained for three years or until the issuance of an audit report by the Auditor of State, whichever is later.
14.) Publications Received
Publications received by a court may be destroyed in the normal course of business as soon as they are considered to be of no value by the person holding the publications.
15.) Receipt Records
Receipt and balancing records shall be retained for three years or until the issuance of an audit report by the Auditor of State, whichever is later.
16.) Requests for Proposals, Bids, and Resulting Contracts
Requests for proposals, bids received in response to a request for proposal, and contracts resulting from a request for proposal shall be retained for three years after the expiration of the contract that is awarded pursuant to the request for proposal.