[Rev. 11/20/2013 5:00:08 PM--2013]

MINIMUM RECORDS RETENTION SCHEDULES

 

 

 

 

 

ADOPTED

BY THE

SUPREME COURT OF NEVADA

 

 

 

____________

 

 

 

 

Effective August 22, 1988

and Including

Amendments Through September 1, 2013

 

 

 

 

MINIMUM RECORDS RETENTION SCHEDULES

 

 

MINIMUM RECORDS RETENTION SCHEDULE FOR MUNICIPAL COURTS

 

 

No.

Record Series

Title

Record Series

Description

Retention

Period

Disposition:

Remarks

 

 

 

 

 

1.

Criminal Case Files.

Case file on criminal matters before the court. May contain: complaint, arrest warrant, bail bond information, motions, settings, judgments, etc.

 

6 years after the case is closed.

If this records series contains DUI files, the DUI files must be kept 7 years.

2.

Driving Under the Influence Case Files.

Case file on DUI cases before the court. May contain: citation, blood alcohol test results, plea, motions, judgment, etc.

 

7 years after the case is closed.

See NRS 484.3792 et seq. for 7 year cycle on DUI cases.

3.

Civil Case Files.

Case file on civil cases to which the city is a party. May contain: affidavits, motions, orders, judgments, etc.

 

6 years after the case is closed.

See NRS 5.050 for civil jurisdiction of municipal courts.

4.

Traffic Citations.

Citation for motor vehicle violations. May have attached: setting, orders, time payment sheets, warrant, etc.

 

2 years after the case is closed.

Retention period does not apply to cases that go to trial; see item #1 above.

 

5.

Misdemeanor Citations.

Non traffic citations. May have attached: setting, orders time payment sheets, warrant, etc.

 

2 years after the case is closed.

Retention period does not apply to cases that go to trial; see item #1 above.

 

6.

Parking

Citations.

Citations for infractions involving parking.

 

2 years after the case is closed.

 

 

7.

ďUnable to

LocateĒ Citations.

Citations that were issued but the defendant could not be located.

 

5 years.

 

8.

Served Arrest Warrants.

Warrants of arrest issued for various types of cases.

3 years after arrest.

Once served, warrant is usually filed in case file or attached to citation.

 

9.

Unserved Arrest Warrants.

Warrants that were issued, but were never served.

 

5 years.

 

10.

Search Warrants.

Search warrants issued by the court.

Expiration of warrant plus 2 years.

 

 

11.

Court Calendars/ Agendas.

Day by day listing of cases to be heard, specifying department.

 

90 days.

 

12.

Record of

Proceedings.

Sound recording or court reporterís shorthand record of court proceedings.

 

30 days after appeal period, or 30 days after final disposition in district court.

 

As to when municipal courts are courts of record, see NRS 1.020.

13.

Docket/Register of Actions.

Docket containing entries on papers filed, court actions, judgments, etc.

10 years after most recent entry for dockets created after 1940.

The form for this records series is the same as prescribed for justice court in NRS 4.230, per NRS 266.565(1). Dockets created before 1940 can be disposed of only with the advice and consent of the Division of Archives and Records.

 

14.

Bail Bond

Register.

Register containing information on bail bonds posted with the court.

Date of most recent exoneration or forfeiture plus 6 years.

 

 

15.

Traffic Citation Docket.

Docket containing entries for traffic citations issued.

Date of most recent entry plus 2 years.

 

 

16.

Index to Dockets.

Finding aid and index to the various types of dockets.

Same as the dockets indexed.

Courts must keep an index to item #13 above. See NRS 4.250, per NRS 266.565(1).

 

17.

Index to Case Files.

Index and finding aid to case files, usually linking names to case number.

Most recent entry plus 6 years or until superseded.

 

 

18.

Index to Citations.

Index and finding aid to citations, usually linking information about defendant to citation number.

 

Most recent entry plus 6 years or until superseded.

 

 

19.

Miscellaneous Indexes.

Index and finding aid to various records, such as: complaints, arrests, warrants, etc.

At least as long as the retention period for the records indexed.

 

 

20.

Citation Log.

Log-type listing of received citations. Contains: dates, fine amounts, etc. Used as an audit tool.

 

Until completion of an audit.

See NRS 354.624 concerning audit requirements.

21.

Notice of Intention to Issue Warrant.

Letter sent to warn people, who have failed to appear or pay fines, that an arrest warrant will be issued.

 

90 days.

 

22.

Own Recognizance Records.

Documentation on defendants released from jail on their own recognizance or whose bail has been modified.

 

Until case is closed.

 

23.

Denials/No Charges Filed.

File on people who were arrested or cited, but against whom the city declines to file charges. Also letter asserting such.

 

3 years.

 

24.

Miscellaneous Dockets and Registers.

Docket-type records used to keep track of appeals, warrants, citations, summonses, arraignments, etc.

 

At least as long as the retention period of the record docketed.

If any of these dockets are being used as part of, or instead of #13 above, the retention period is 10 years after the most recent entry.

 

25.

Dispatch Logs.

Log of when and why court marshals were dispatched. Contains: dates, names, times, etc.

 

Most recent entry plus 2 years.

 

26.

Mug File.

Mug shots and defendant information. Used to help court marshals find defendants.

 

Most recent entry plus 10 years.

 

27.

Mail Log.

Log used to keep track of incoming mail.

 

2 years.

 

28.

Fee Book/Fines and Fees Receipt Book.

Record of fees collected and for what purpose, with amounts and dates.

 

Until after completion of an audit.

See NRS 354.624 concerning audit requirements.

29.

Receipts.

Copy of receipt issued for payment of fines or fees.

 

Until after completion of an audit.

See NRS 354.624 concerning audit requirements.

 

30.

Cancelled Checks.

Returned checks written on the courtís bank accounts.

Until after completion of an audit.

See NRS 354.624 concerning audit requirements.

 

31.

Bank Statements.

Bank statements from the courtís bank accounts documenting balance and account activity.

 

Until after completion of an audit.

See NRS 354.624 concerning audit requirements.

32.

Deposit Slips.

Deposit receipts for money deposited to the courtís bank accounts.

 

Until after completion of an audit.

See NRS 354.624 concerning audit requirements.

 

33.

Treasurerís or Comptrollerís Receipts.

Deposit receipts for money deposited with the cityís comptroller or treasurer.

 

Until after completion of an audit.

See NRS 354.624 concerning audit requirements.

34.

Miscellaneous Financial and Audit Records and Reports.

Various financial and audit records and reports used to document and track cash transactions and the payment and handling of citations. May include: daily and monthly reports, daily and monthly balances, cash register tapes, citation purge and summary reports, etc.

 

Until after completion of an audit.

See NRS 354.624 concerning audit requirements.

35.

Miscellaneous Case History and Case Proceedings Records.

Various types of records (usually on an electronic data base) used to keep track of individual court case history, activity, and disposition.

6 years after case is closed.

If this record is being used instead of a docket like #13 above, the record must be retained for ten years after the most recent entry. Suggest computer output microfiche.

 

 

MINIMUM RECORDS RETENTION SCHEDULE FOR JUSTICE COURTS

 

 

No.

Records Series

Title

Records Series

Description

Retention

Period

Disposition:

Remarks

 

 

 

 

 

1.

Criminal Case Files.

Case file on criminal matters before the court. May contain complaint, citation, motions, orders, judgments, etc.

 

6 years after case is closed.

 

2.

Traffic Case Files.

Case file for traffic cases. May contain citation, motions, orders, judgments, etc.

 

6 years after case is closed.

See NRS 4.200 regarding duty to keep record of motor vehicle violations.

 

3.

Driving Under the Influence Case Files.

Case file for DUI cases. May contain citation, blood alcohol test results, plea, judgment, etc.

 

7 years after case is closed.

See NRS 484.3792 et seq. for 7 years cycle on DUI cases.

4.

Uncontested Citations.

Citations issued for misdemeanor and traffic offenses where there was no court action other than initial appearance and disposition.

 

2 years after case is closed.

 

5.

Parking Citations.

Citations for infractions of parking code.

2 years after case is closed.

 

 

6.

Preliminary Hearing Transcripts.

Transcripts of the preliminary examination for cases to be bound over to district court.

 

2 years or until transcript is filed with district court.

 

See NRS 171.198 for form and procedure with this record series.

7.

Record of Proceedings.

Sound recording or court reporterís shorthand record of court proceedings.

30 days after appeal period, or 30 days after final disposition in district court.

Note the different retention period for cases appealed to district court. Transcripts (for appealed cases and coronerís inquests) are filed with district court. See NRS 4.420 as to retention periods of sound recordings and JCRCP 81 as to which proceedings need to be recorded.

 

8.

Civil Case Files.

Case file of civil actions. May contain affidavits, motions, settings, orders, judgments, etc.

 

6 years after case is closed.

 

9.

Small Claims Case Files.

Case file of small claims actions. May contain affidavit and order, return of service, motions, judgments, etc.

 

6 years after case is closed.

 

10.

Criminal Docket.

Docket containing entries on papers filed, court actions, judgments, etc. in criminal cases.

10 years after most recent entry for dockets created after 1940.

Dockets created before 1940 can be disposed of only with the advice and consent of the Division of Archives and Records. NRS 4.230 mandates the keeping and form of this record. See also NRS 178.606.

 

11.

Civil Docket.

Docket containing entries on papers filed, court actions, judgments, etc. in civil cases.

10 years after most recent entry for dockets created after 1940.

NRS 4.230 mandates the keeping and form of this record series. Dockets created before 1940 can be disposed of only with the advice and consent of the Division of Archives and Records.

 

12.

Small Claims Docket.

Docket containing entries on papers filed, court actions, judgments, etc. in small claims actions.

 

Most recent case closed plus 6 years.

JCRCP 94 mandates the keeping of this record.

13.

Miscellaneous Dockets.

Dockets containing any combination of the three dockets above or traffic cases, DUI, domestic violence, etc.

If docket contains entries of the three types above, use longest retention

period.

 

Docket types other than item numbers 10, 11, and 12 above should be kept for the longest retention period of the records docketed.

 

14.

Court Calendars/ Agendas.

Day by day listing of cases to be heard, specifying department.

90 days.

NRS 178.592 mandates the keeping of this record for criminal actions.

 

15.

Served Arrest Warrants.

Warrants of arrest issued for various types of cases.

 

3 years after arrest.

Once served, warrant is usually filed in case file.

16.

Unserved Arrest Warrants.

Warrants that were issued but were never served.

 

5 years.

 

17.

ďUnable to

LocateĒ

Citations.

Citations that were issued but the defendant could not be located.

 

5 years.

 

18.

Search Warrants.

Search warrants issued by the court.

Expiration of warrant plus 2 years.

 

 

19.

Index to Case Files.

Index to court case files, usually linking names to case numbers.

Most recent entry plus 6 years, or until superseded.

 

 

20.

Index to Dockets.

Index to docket entries, usually linking names and/or case numbers to location on dockets.

 

Same as docket to which index applies.

NRS 4.250 mandates that some form of index to the dockets be kept.

21.

Index to Citations.

Index to citations, usually linking information about defendant to citation or citation number.

Most recent entry plus 6 years, or until superseded.

 

 

22.

Miscellaneous Indexes.

Index and finding aid to search warrants, arrest warrants, evictions, executions, etc.

At least as long as the retention period for the material indexed.

 

 

23.

Evictions.

Record of eviction proceedings. May contain execution affidavit, tenant affidavit, order, etc.

 

6 years after case is closed.

 

23a.

Evictions

Summary,

uncontested.

Landlordís affidavit, order to remove tenant.

2 years after issuance of order.

 

 

24.

Executions.

Documentation of the attachment of assets or wages as a result of a judgment.

 

6 years after judgment.

See NRS 70.010 as to the 6 year limitation.

25.

Citation Log.

Log-type listing of received citations. Contains dates, names, fine amounts, etc. Used as an audit tool.

 

Until completion of a successful audit.

See NRS 354.624 concerning audit requirements.

26.

Notice of Intention to Issue Warrant.

Letter sent to warn people, who have failed to appear or pay fines, that an arrest warrant will be issued.

 

90 days.

 

27.

Own Recognizance Records.

Documentation on defendants released from jail on their own recognizance or whose bail has been modified.

 

Until case is closed.

May be filed in case file.

28.

Probable Cause Affidavit.

Affidavit filed for preliminary examination. May have arrest report attached.

 

2 years, or until sent to the district court.

 

29.

Extraditions.

Documentation on extradition proceedings. May contain complaint for warrant, probable cause affidavit, warrant, and consent and waiver.

 

6 years after extradition.

 

30.

Partial Payment Record.

Documentation on fines and fees that are being paid in installments.

 

2 years after completion of payments.

 

31.

Temporary Restraining Order.

Restraining order issued in domestic relations cases as per NRS 33.020.

 

2 years after expiration of order.

 

32.

Bail Bond

Register.

Register containing information on bail bonds posted with the court.

Date of most recent exoneration or forfeiture plus 6 years.

 

NRS 178.544 mandates the keeping of this record.

33.

Community Service Case Files.

Documentation on persons doing community service in lieu of serving time in jail or paying a fine.

 

2 years after completion of service.

 

34.

Denials/No Charges Filed.

File on persons arrested or cited, but against whom the D.A. declines to file charges. Also letter from D.A. asserting such.

 

3 years.

 

35.

Fee Book/Fines and Fees Receipt Book.

Fee book listing fees collected, for what purpose, with amounts and dates.

Until after completion of an audit.

NRS 4.090 mandates the keeping of this record. See NRS 354.624 concerning audit requirements.

 

36.

Receipts.

Copy of receipt issued for payment of fees.

Until after completion of an audit.

See NRS 354.624 concerning audit requirements.

 

37.

Cancelled Checks.

Returned checks written on the courtís bank accounts.

Until after completion of an audit.

See NRS 354.624 concerning audit requirements.

 

38.

Bank Statements.

Bank statements from the courtís bank accounts documenting balance and account activity.

 

Until after completion of an audit.

See NRS 354.624 concerning audit requirements.

39.

Deposit Slips.

Deposit receipts for money deposited to the courtís bank accounts.

Until after completion of an audit.

 

See NRS 354.624 concerning audit requirements.

40.

Treasurerís Receipts.

Deposit receipts for money deposited with the county treasurer.

Until after completion of an audit.

See NRS 354.624 concerning audit requirements.

 

41.

Miscellaneous Financial Records and Reports.

Various financial records and reports such as: monthly reports, daily and monthly balances, cash register tapes, copies of quarterly reports, etc.

 

Until after completion of an audit.

See NRS 354.624 concerning audit requirements.

42.

Miscellaneous Case History and Case Proceedings Records.

Various types of records (usually on an electronic data base) used to keep track of individual court case history, activity, and disposition.

 

6 years after case is closed.

If this record is being used instead of #ís 10, 11, and 12 above, the record must be retained for ten years after the most recent entry. Suggest computer output microfiche.

 

43.

Jury Payroll.

Record of money owed to people in connection with jury duty.

Until after completion of an audit.

NRS 6.160 mandates the form and keeping of this record. See NRS 354.624 concerning audit requirements.

 

44.

Criminal Witness Payroll.

Record of money owed to people who appear as witnesses in criminal cases.

Until after completion of an audit.

NRS 50.235 mandates the keeping of this record. See NRS 354.624 concerning audit requirements.

 

MINIMUM RECORDS RETENTION SCHEDULE FOR DISTRICT COURTS

 

 

No.

Records Series

Title

Records Series

Description

Retention

Period

Disposition:

Remarks

 

 

 

 

 

1.

Case Files.

Court case file in which motions, orders, judgments, etc. are filed for court cases such as: Adoption, Civil, Criminal, Divorce, Guardianship, Juvenile, Mental Illness, Probate, etc.

 

Permanent.

Suggest the microfilming of inactive cases under the provisions of NRS 239.110 to save space and insure security.

2.

Register of

Actions/Docket.

Case-by-case register listing court actions and papers filed for court cases.

 

Permanent.

Suggest microfilming. See NRS 3.280 regarding the keeping of this record for civil cases.

 

3.

Judgment Docket.

Register containing information on monetary judgments and judgment creditors and debtors.

 

Permanent.

NRS 17.150 mandates the keeping of this record. See NRS 17.160 as to form.

 

4.

Court Minutes.

Minutes taken in court summarizing court activity for various types of cases.

Permanent.

Older minutes may be in bound volumes. Minutes are now usually filed in the individual case files.

 

5.

Judgment Book/Record Book/Judgments and Orders.

Security copies of court orders, judgments, letters, etc. for most types of cases. Usually kept in bound volumes.

 

Until original case file is microfilmed and film is verified.

This records series has been discontinued by most courts.

6.

Fee Book/Fee Register.

Clerkís fee book listing fees collected, for what purpose, with amounts and dates.

Until after completion of an audit.

NRS 19.080 mandates the keeping of this record. See NRS 354.624 concerning audit requirements.

 

7.

Bail Bond Register.

Register containing information on bail bonds posted with the court.

Date of most recent exoneration or forfeiture plus 6 years.

 

NRS 178.542 mandates the keeping of this record.

8.

Court Calendars.

Day by day listing of cases before the court.

90 days.

NRS 178.592 mandates the keeping and form of calendars for criminal actions.

9.

Case File

Indexes.

Index and finding aid to the various types of case files. Usually links names of parties to case numbers.

 

Permanent.

 

10.

Index to Minutes.

Index and finding aid to court minutes not filed in individual case files. Usually links partiesí names to book and page number.

 

Permanent.

This records series is usually discontinued once the minutes are placed in the case files.

11.

Index to Judgment Book.

Index to records series item number 5 above. Usually links partiesí names to book and page number.

 

Until original case file is microfilmed and film is verified.

 

12.

Index to Naturalizations.**

Index and finding aid to naturalizations granted by the court.

Permanent.

**denotes records series that is permanent for historical purposes.

 

13.

Indexes.

Various types of indexes not otherwise listed on this retention schedule.

Same retention period as records indexed.

This records series covers various sorts of indexes that may be kept by individual courts.

 

14.

Naturalization Records.**

Various types of naturalization records, such as: petitions, applications, declaration of intention, reports to the Immigration and Naturalization Service, etc.

 

Permanent.

**denotes records series that is permanent for historical purposes.

15.

Coronerís Inquests.**

Transcripts of testimony given at coronerís inquests.

Permanent.

NRS 259.120 mandates that this record be filed with the clerk.††† **denotes records series that is permanent for historical purposes.

 

16.

Roll of Attorneys.

List of attorneys and counselors of the court.

Until superseded.

Supreme Court Rule 41 mandates the keeping of this record.

 

17.

Civil Cover Sheet.

Information sheet on types of civil cases filed with the court.

Until information is transmitted to the A.O.C.

NRS 3.275 mandates the collection and maintenance of this information.

 

18.

Record of Proceedings.

Sound recording or court reporterís shorthand record of court proceedings.

Until transcript is prepared or: for civil cases, case is closed and appeal period has expired; for criminal cases, case closure plus 6 years.

 

See NRS 34.800 concerning applicability of laches to proceedings for post conviction relief in criminal cases.

19.

Wills;

Deceased.**

Last will and testament received by clerk after death of testator.

Permanent.

NRS 136.050 mandates clerkís receipt of will after death of testator. **denotes records series that is permanent for historical purposes.

 

20.

Wills.**

Last will and testament received by clerk before death of testator.

Permanent.

Usually these wills were deposited with the clerk for safekeeping. Most clerks no longer accept wills before probate.

 

21.

Record of

Administrator Bonds.

Clerkís record of bonds posted by people appointed administrators of estates.

Expiration of last administration plus 6 years.

NRS 142.020(2) man dates the keeping of this record. Most courts keep this record in the register of actions.

 

22.

Guardianship Bonds.

Bond posted by a guardian for faithful performance of the guardianship.

Discharge of the guardianship plus 3 years.

NRS 159.069 mandates the keeping of this record. See NRS 159.071 for time limitations.

 

23.

Criminal Witness Payroll.

Expense information for travel and time costs of witnesses in criminal cases.

Until after completion of an audit.

See NRS 50.225 as to the keeping of this record. See NRS 354.624 concerning audit requirements.

 

24.

Jury Payroll.

Record of money owed to people for jury duty.

Until after completion of an audit.

See NRS 6.160 as to the form of this record. See NRS 354.624 concerning audit requirements.

 

25.

Receipts.

Copies of receipts given for fines and fees collected.

Until after completion of an audit.

See NRS 3.270(1) for duty of clerk to give receipts. See NRS 354.624 concerning audit requirements.

 

26.

Treasurerís Receipts.

Receipts for money deposited with county treasurer.

Until after completion of an audit.

See NRS 354.624 concerning audit requirements.

 

27.

Bank Deposit Slips.

Deposit receipts for money deposited in the courtís bank accounts.

Until after completion of an audit.

 

See NRS 354.624 concerning audit requirements.

 

28.

Bank Statements.

Bank statements showing account balance and activity of courtís bank accounts.

 

Until after completion of an audit.

 

See NRS 354.624 concerning audit requirements.

 

29.

Cancelled Checks.

Returned paid checks that were written on the courtís bank accounts.

Until after completion of an audit.

 

See NRS 354.624 concerning audit requirements.

 

30.

Jury List/Jury Book/Jury Register.

List of persons eligible for jury duty from which juries are drawn.

 

Until superseded.

NRS 6.050(2) mandates the keeping of this record.