Superior court records sampling program

(a) Purpose

This rule establishes a program to preserve in perpetuity for study by historians and other researchers all superior court records filed before 1911 and a sample of superior court records filed after December 31, 1910, to document the progress and development of the judicial system, and to preserve evidence of significant events and social trends. This rule is not intended to restrict a court from preserving more records than the minimum required.

(b) Scope

"Records" of the superior court, as used in this rule, does not include records of limited civil, small claims, misdemeanor, or infraction cases.

(c) Comprehensive and significant records

Each superior court must preserve forever comprehensive and significant court records as follows:

(1) All records filed before 1911;

(2) If practicable, all records filed after 1910 and before 1950;

(3) All case indexes; and

(4) All noncapital cases in which the California Supreme Court has issued a written opinion.

(d) Sample records

If a superior court destroys court records without preserving them in a medium described in (g), the court must preserve forever a sample of court records as provided by this rule of all cases, including sealed, expunged, and other confidential records to the extent permitted by law.

(e) Court record defined

The "court record" under this rule consists of the following:

(1) All papers and documents in the case folder; but if no case folder is created by the court, all papers and documents that would have been in the case folder if one had been created; and

(2) The case folder, unless all information on the case folder is in papers and documents preserved in a medium described in (g); and

(3) If available, corresponding depositions, daily transcripts, and tapes of electronically recorded proceedings.

(f) Sampling technique

Three courts assigned in rotation by the Judicial Council must preserve the following:

(1) A random sample of 25 percent of their court records for a calendar year, with the exception of the Superior Court of Los Angeles County, which must preserve a random sample of 10 percent of its court records for a calendar year.

(2) All judgment books, minute books, and registers of action if maintained separately from the case files, for the calendar year.

(g) Preservation medium

(1) Comprehensive and significant court records under (c) filed before 1911 must be preserved in their original paper form unless the paper is not available.

(2) Comprehensive and significant court records under (c) filed after 1910 and sample records under (d) must be retained permanently in accord with the requirements of the Trial Court Records Manual.

(h) Access

The court must ensure the following:

(1) The comprehensive, significant, and sample court records are made reasonably available to all members of the public.

(2) Sealed and confidential records are made available to the public only as provided by law.

(3) If the records are preserved in a medium other than paper, equipment is provided to permit public viewing of the records.

(4) Reasonable provision is made for duplicating the records at cost.

(i) Storage

(1) Until statewide or regional archival facilities are established, each court is responsible for maintaining its comprehensive, significant, and sample court records in a secure and safe environment consistent with the archival significance of the records. The court may deposit the court records in a suitable California archival facility such as a university, college, library, historical society, museum, archive, or research institution whether publicly supported or privately endowed. The court must ensure that the records are kept and preserved according to commonly recognized archival principles and practices of preservation.

(2) If a local archival facility is maintaining the court records, the court may continue to use that facility's services if it meets the storage and access requirements under (h) and (i)(1). If the court solicits archival facilities interested in maintaining the comprehensive, significant, and sample court records, the court must follow the procedures specified under rule 10.856, except that the comprehensive, significant, and sample court records must not be destroyed. Courts may enter into agreements for long-term deposit of records subject to the storage and access provisions of this rule.

(j) Application

The sampling program provided in this rule, as amended effective July 1, 2016, applies retroactively to all superior courts.