OFFICE OF THE CLERK OF COURTS

Transcription

1 OFFICE OF THE CLERK OF COURTS CC-1 Administrative And Subject Files See Administrative and Legal Records found in Section 2 for retention guidance. CC-2 Annual Audit And Financial Reports Report submitted annually to the Department of Community and Economic Development covering all assets, liabilities, fund equities, revenues, expenditures, and other financing sources and uses for county or municipal funds and accounts. Retain 5 years. CC-3 Argument, Trial, Sentencing And Hearing Lists CC-4 Bonds Shows cases listed for argument, trial, sentencing or hearing (e.g. Post-Trial Motion, Omnibus Pre-Trial and Motion in Limine, etc.) and may include date set; names of parties involved, attorneys and judge assigned to case; number, date and nature of proceedings; and disposition. Retain as long as of administrative value. Consists of bonds for various officials such as tax collectors and constables. Bond usually includes names and addresses of official and insurance company, condition and amount, date, and signatures of official and company representative. Retain tax collector's bond 10 years after expiration of term or resignation. Retain bonds of other officials 6 years after expiration of term or resignation. CC-5 Bondsmen's Records Includes copy of Pennsylvania Insurance Department's Certificate of Authority to Transact Business, insurance company's summary financial statement, power of attorney, copy of surety agent license, and quarterly bail statement for Surety Bondsmen. May also include copy of license from Pennsylvania Insurance Department for Professional Bondsmen. Retain Surety Bondsmen's records 6 years after expiration of license. Retain Professional Bondsmen's records 6 years after expiration of license. CC-6 Clerk's Summary Of Collections Reports Submitted monthly to the Department of Revenue, reports show name of county; month and year; name of Clerk; and summaries of fines and costs, violations of the vehicle code, and costs and miscellaneous fines payable to the Commonwealth. 2/2002 CLERK OF COURTS - 1

2 Retain until all audits required by law have been completed and settled. CC-7 Controller s And Auditors Reports Report from the County Controller or Auditors includes summary of the financial condition of the county. Provides an account of all receipts, expenditures, disbursements, revenues, assets and liabilities. Retain 2 years after filing unless report has the effect of a judgment against real estate of a county officer. CC-8 Court Appointments Consists of orders for appointments of various officers such as election officers, court masters, juvenile and adult probation officers and/or staff, district court administrators, and municipal officials in cases of vacancies. Order indicates date, name of appointee, office and signature of judge. May also include petitions for appointments. Retain 2 years after expiration of appointment or resignation. CC-9 Criminal Dockets, Books And Indices Consists of all dockets, books and indices pertaining to papers filed in criminal matters including but not limited to Administrative, Appeal, Argument, Bond, Capias, Continuance, Conviction, Criminal, Habeas Corpus, Information, Magisterial, Minutes, Miscellaneous, Oyer and Terminer, Post Conviction, Quarter Sessions, Recognizance, Support, Surety, Trial, and True Bill. For all cases disposed of prior to 1910, retain until appraisal by the State Archives and transfer of select dockets to the county archives or to the State Archives. For all cases disposed of from 1910 on, retain dockets permanently for administrative, legal and historical purposes. CC-10 Criminal Papers/Files Consists of papers filed in criminal matters including the following: affidavits, agreements, answers, appeals, bail bonds, bills of costs, certifications, citations, colloquies, commitments, complaints, docket transcripts, fingerprint request cards, indictments, information, motions, opinions, orders, petitions, pleas, praecipes, requests, returns of service, rules, stipulations, transcribed testimony, verdicts, waivers, and warrants. For all cases disposed of prior to 1910, retain until appraisal by the State Archives and transfer of select papers/files to the county archives or to the State Archives. For all cases disposed of from 1910 on, retain as indicated: 2/2002 CLERK OF COURTS - 2

3 1. Accelerated Rehabilitative Disposition Cases Retain 7 years after expiration of period of ARD program. 2. Dismissed/Nol Prossed/Quashed Cases - (Prior to trial in Common Pleas Court) Retain 3 years after final order. 3. Inactive Matters Terminated Pursuant To R.J.A Retain 2 years after termination. 4. Disposition In Lieu Of Trial Cases (Under The Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S ) Retain 7 years after expiration of treatment program. 5. First And Second Degree Murder Cases (Guilty and not guilty verdicts.) 6. Felony Cases Guilty - Retain all papers listed under Criminal Files/Papers (CC-10) for 50 years after sentencing. In the event combined sentences exceed 50 years, retain 1 year after expiration of combined sentences. Retain papers not listed under Criminal Files/Papers (CC-10) (e.g. correspondence or subpoenas) 15 years after sentencing unless, upon agreement with Court and District Attorney pursuant to local practice, it has been determined that such papers should also be kept for the longer retention period. Not Guilty - Retain 3 years after verdict. 7. Misdemeanor Cases Guilty - Retain all papers listed under Criminal Files/Papers (CC-10) for 20 years after sentencing. In the event combined sentences exceed 20 years, retain 1 year after expiration of combined sentences. Retain papers not listed under Criminal Files/Papers (CC-10) (e.g. correspondence or subpoenas) 5 years after sentencing unless, upon agreement with Court and District Attorney pursuant to local practice, it has been determined that such papers should also be kept for the longer retention period. If a misdemeanor is connected with a felony charge, follow retention listed under 6. Felony Cases (above). Not Guilty - Retain 3 years after verdict. 8. Summary Appeal Cases Guilty - Retain 5 years after sentencing. 2/2002 CLERK OF COURTS - 3

4 Not Guilty/Withdrawn - Retain 2 years after verdict or withdrawal. 9. Docket Transcripts And Papers For Cases Settled At District Justice Level (Clerk s Copy) Retain 3 years. 10. Criminal Papers Not Otherwise Listed (May include petitions for out-of-state witnesses; return of property; destruction; removal for private burial; constables certificates; petition for transportation and other papers not filed as part of a criminal case file.) Retain 3 years from date of filing CC-11 Criminal Reports To Administrative Office Monthly statistical report indicates date and county, case totals, age of pending cases, name and signature of person filing report, and date. Retain 3 years. CC-12 Domestic Relations Papers/Files Consists of papers relating to support matters which are sometimes filed in the Clerk s office. If the Clerk is the custodian of support records, comply with the rules and regulations promulgated by the appropriate administering/funding/licensing agency. (Bureau of Child Support Enforcement, Pennsylvania Department of Public Welfare and Bureau of Child Support Enforcement, U.S. Department of Health and Human Services) - current regulations require officers to retain these records 4 years after case is closed and all arrearages have been satisfied. CC-13 Election Records May include dockets, books, indices and papers such as maps, orders, petitions and reports relating to the creation or alteration of election districts. Records may also contain election returns. CC-14 Fiscal Records Includes standard accounting and financial records relating to the funds of the Clerk's Office. See Financial Records, Payroll Records, and Purchasing Records found in Section 2 for retention guidance. 11/2005 CLERK OF COURTS - 4

5 CC-15 Fugitive Cases Consists of papers relating to extradition of fugitives to another jurisdiction including but not limited to affidavits, answers, bail bonds, complaints, docket transcripts, motions, orders, petitions, transcribed testimony, waivers, and warrants. Retain 3 years after extradition to other jurisdiction. CC-16 Grand Jury Records Consists of records produced by or relating to investigating grand juries including but not limited to lists, motions, notices, orders, presentments, reports, responses, and transcripts of proceedings. CC-17 IRS Reports For Cash Bail Filed with the Internal Revenue Service for all cash bonds exceeding $10,000, as per Internal Revenue Code Section 6050I (g) Retain 5 years from date of filing. CC-18 Juvenile Dockets, Books And Indices Consists of all dockets, books and indices pertaining to papers filed in juvenile matters. Retain permanently for administrative and legal purposes. CC-19 Juvenile Papers/Files Consists of papers filed in juvenile matters including the following: affidavits, agreements, answers, appeals, bail bonds, bills of costs, certifications, citations, colloquies, commitments, complaints, docket transcripts, fingerprint request cards, indictments, information, motions opinions, orders, petitions, pleas, praecipes, requests, returns of service, rules, stipulations, transcribed testimony, verdicts, waivers, and warrants. Retain until juvenile is age 25 or 10 years after last action on the case, whichever is later. CC-20 Liquor License Suspension Appeals Consists of papers relating to appeals from rulings of Pennsylvania Liquor Control Board including but not limited to answers, briefs, lists, memoranda of law, motions, notices, opinions, orders, petitions, praecipes, rules, stipulations, subpoenas, and transcribed testimony. Retain 5 years after final disposition. 9/2012 CLERK OF COURTS - 5

6 CC-21 Municipal Boundary/Incorporation Records Consists of dockets, books, indices and papers relating to the determination of disputed boundaries, name changes and incorporations including but not limited to affidavits, appeals, applications, appointments, briefs, certifications, decrees, election results, exceptions, notices, orders, ordinances, petitions, plots, recommendations, reports, requests, resolutions, and transcribed testimony. CC-22 Notices Of Temporary Assignments Of Issuing Authority Filed pursuant to Pa. R. Crim. P., Rule 23, Pa. C.S.A., notice or order includes date, name of district justice, dates of temporary assignment, and signature of judge. Retain 1 year after expiration of temporary assignment. CC-23 Oaths Of Officials Usually shows name of official, text, date filed, and signatures of official and person administering oath. Retain 2 years after expiration of term or resignation. CC-24 Occupational And Miscellaneous Registers Consists of records used to document county functions which are now obsolete. May include registers for automobiles, dogs, stallions and various types of licenses such as hotel and tavern, as well as occupational registers relating to attorneys, dentists, merchants, midwives, optometrists, physicians, teachers, and veterinary surgeons. Retain permanently for historical purposes at county archives or contact the State Archives to arrange transfer. CC-25 Private Detective Licensing Records Consists of records relating to individuals, partnerships, associations or corporations applying to the court for licenses or renewals. May include affidavits, applications, bonds, certificates (incorporation, reputation/approval, service/mailing, and work experience), criminal record forms (State Police), fingerprint request cards, identification cards, lethal weapons training certifications, or waivers, licenses, memoranda, notices, orders, photographs, powers of attorney, public statements, and statements of objections. Filings may be recorded in Criminal Dockets or in separate Detective Licensee Books. Retain papers 6 years after expiration/revocation of license. Retain dockets or license books permanently for administrative, legal and historical purposes. 2/2002 CLERK OF COURTS - 6

7 CC-26 Road And Bridge Records Consists of dockets, books, indices and papers relating to the construction and repair of roads and bridges including but not limited to appointments of viewers, bonds, decrees, depositions, drafts, exceptions, maps, notices, orders, ordinances, petitions, plots, reports and resolutions. CC-27 School District Auditors' Reports Filed annually pursuant to the Public School Code, report includes name and address of local education agency; name, signature, address and telephone number of auditor; date prepared; auditors' opinion; combined balance sheet; and financial statements. Retain 1 year. CC-28 Tax Collector's Reports Report submitted annually to the Department of Community and Economic Development containing financial statements, statistics relating to various taxes levied and collected, summary of collections and costs, collector's statement of expenses, and information on other tax collectors. Retain 7 years. CC-29 Wiretapping/Electronic Surveillance Papers May include applications for order of authorization, final reports, orders, supporting papers, and monitor's records. Retain 10 years, then may be destroyed upon order of the court. CC-30 Wiretapping/Electronic Surveillance Tapes And Recordings Consists of any wire or oral communication intercepted by any investigative or law enforcement officer, or communications common carrier acting at the direction of an investigative or law enforcement officer. Retain 10 years, then may be destroyed upon order of the court. 2/2002 CLERK OF COURTS - 7