Schedule No. 85 County Court Records

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Issued: July 2012

Updated: July 24, 2017

General Description: Records pertaining to the administration and operations of Denver County Court.

No record may be destroyed under this General Retention Schedule without the approval from the Records Department and the City and County of Denver’s Records Manager. Additionally, no record may be destroyed if the record is subject to an active litigation hold (refer to Executive Order 143-C). For additional information about the records program or records retention refer to Executive Order 143-B. The Records Management Program Policies and Procedures Manual for instruction about records creation, management, and disposition of individual records. The minimum retention periods specified in this schedule apply to the information contained within the record, regardless of the format of the record (paper, microfilm, electronic, etc.). Each agency must decide on the format for retention of each type of record, ensuring authenticity, readability, and accessibility for the entire retention period. Duplicate copies are NOT records. Copies that are created for administrative, convenience, reference or other purpose are NOT records and should be retained only until no longer useful. Electronic Records and Data must remain accessible, authentic, reliable, and useable through any kind of system change, update, or system end of life for the entire period of its retention, which shall be defined by information-type, as presented in this General Retention Schedule. Provided the data is an accurate representation of the information contained in the source documents from which the data was derived, the source documents need not be retained unless they contain other record information not contained in the electronic repository.

85.010 APPEAL RECORDS

Records related to County Court decisions appealed to higher courts.

  1. Appeal Decisions
    1. Ruling of higher court’s decision on appeal
      General Ordinance, Civil, Small Claims, Criminal Cases

      Retention:
      Kept in case file

    2. Traffic
      Includes cases with or without outstanding judgment/warrant (OJW) liens.

      Retention:
      Kept in case file

    3. Appeal Transcripts
      Transcripts of proceedings prepared for appeals of decisions to higher courts.

      Retention:
      Kept in case file 30 days after all rights of appeal have expired, or 2 years upon decision rendered by higher court.

85.020* CASE FILES

Records containing summonses and complaints issued for appearances in County Court and supporting documentation such as subpoenas, citations, notices, letters, other court-issued instruments, forms, plea offers, payment plans, etc.

Note: All cases must be closed with no appeal pending. All funds held in registry must be disbursed. A case file is considered to be closed upon final judgment and/or completion of all sentence requirements and/or satisfaction of judgment. Retention period runs from date of creation of case.

  1. Ordinance Violation Cases (General Sessions cases)
    1. Paper

      Retention:
      Once scanned into case management the paper document must be destroyed.

    2. Electronic Record

      Retention:
      4 years except sex offense cases (cases requiring registration as a sex offender) and domestic violence cases.
  2. Sex offense cases (cases requiring registration as a sex offender) and domestic violence cases

    Retention 20 years

  3. Misdemeanor; Felony Preliminary Cases; and Petty Offenses
    1. Paper

      Retention:
      Once scanned into case management the paper document must be destroyed.

    2. Electronic Record

      Retention:
      4 years except felony cases that have been bound over to District Court; DUI/DWAI cases, sex offense cases (cases requiring registration as a sex offender), and domestic violence cases.
  4. Felony cases bound over to District Court

    Retention:
    Permanent

  5. DUI/DWAI cases, sex offense cases (cases requiring registration as a sex offender), and domestic violence cases

    Retention:
    20 years

  6. Parking Cases
    1. Paper

      Retention:
      Once scanned into case management the paper document must be destroyed.

    2. Electronic Record

      Retention: 2 years
  7. Traffic Cases
    1. Paper

      Retention:
      Once scanned into case management the paper document must be destroyed

    2. Electronic Record

      Retention:
      4 years
  8. Civil Cases
    1. Paper

      Retention:
      Once scanned into case management the paper document must be destroyed.

    2. Electronic Record

      Retention:
      6 years; except name changes and temporary restraining orders
  9. Name Changes and Temporary and Permanent Restraining Orders

    Retention: Permanent

  10. Small Claims Cases
    1. Paper

      Retention:
      Once scanned into case management the paper document must be destroyed;

    2. Electronic Record

      Retention:
      6 years

85.030 RECORDED PROCEEDINGS AND LOG NOTES (Reference: State Judicial Records Retention Schedule)

Notes, digital or analog audio or video recording of Civil, Small Claims, Traffic Infraction, Traffic, Misdemeanor, Ordinance Violations, Felony proceedings before the County Court

Retention: 2 years

85.040 EVIDENCE AND EXHIBITS

  1. Admitted evidence.

    Retention:
    30 days after all rights to appeal have expired, then as appropriate return to law enforcement agency or property owner or destroy.

    Note:
    The clerk of the court shall provide notice to each attorney of record, or party, advising that the exhibit(s) will be disposed of by court order unless claimed within 30 days. Regular first-class postage or postcards are permitted for these notices, provided a record is made of each mailing and response, if any. Any questions of ownership shall be decided by the court. The court may deny the return of any exhibit for cause (i.e., weapons, drugs, or other contraband). Dispose of exhibits according to the following schedule.

  2. Exhibits in Traffic and Misdemeanor cases

    Retention:
     30 days after appeal period has passed

  3. Unidentified exhibits

    Retention:  
    1 year

  4. Transcripts – Other

    Retention:
    2 years after appeal decision (or appeal period has passed) then destroy.

  5. Unclaimed exhibits that have historical or archival value

    Retention:
    Permanent

85.050 JURY RECORDS – QUESTIONAIRES – CASE FILE

Records relating to selection and oversight of jurors, rosters of persons selected to serve on juries, jury summonses and instructions regarding service on the jury.

Retention: 4 years

85.060* PROBATION FILES (Reference: State Judicial Records Retention Schedule)

  1. Adult Probation
    1. Paper

      Retention:
      Once scanned into case management the paper document must be destroyed.

    2. Electronic Record

      Retention:
      10 years from probation termination date
  2. Juvenile Probation
    1. Paper

      Retention Once scanned into case management the paper document must be destroyed.

    2. Electronic Record

      Retention:
      2 years from probation termination date or until juvenile reaches age 21 whichever is longer.
  3. Alcohol Evaluation Reports

    Retention:
    3 years after evaluation

  4. Other reports and supporting documentation kept by probation officer or department separate from case file

    Retention:
    2 years

85.070 OTHER ELECTRONIC RECORDS

  1. Out-of-County Bond Records
  2. Retention: 2 years

Cross References

Agreements and contracts – 40.030*, Agreements and Contracts Bank records for court-maintained accounts – 30.050*, Bank Records Correspondence – Schedule 145*, Correspondence Records

Fines and charges receipts – 30.020*, Accounts Receivable (A/R) Records

Fines and charges schedules – 30.090, Fees and Rates Schedules and Supporting Documentation Policies and procedures – 40.220*, Policies and Procedures Documentation Reports – 40.290,

Reports, Rules, regulations, and standards – 40.310