Supreme Court Orders
The Wisconsin Supreme Court has amended the supreme court
rules on alternative means of reporting, and retaining and maintaining
court records following public hearings.
Retention and maintenance of court
records
In the Matter of the Amendment of Supreme Court Rules: SCR
Chapter 72 - Retention and Maintenance of Court Records
Order 97-03
The court held a public hearing Jan. 13, 1998, on the petition of the
Wisconsin Court Records Management Committee seeking the amendment of
the Supreme Court Rules, chapter 72, providing periods of time for the
maintenance and retention of court records, including those maintained
as official or original information on electronic or optical storage
systems. The court has considered the petition, the presentations at the
public hearing, and the materials filed in this matter.
IT IS ORDERED that, effective the date of this order, chapter 72 of
the Supreme Court Rules is amended as follows.
SECTION 1. 72.01 (6) of the supreme court rules is amended to
read:
(6) Lien claims. A statutory lien filed for services performed or
materials provided: until satisfaction, expiration or entry of judgment,
whichever occurs first, except as provided in subs. (6ag) and
(6b).
SECTION 2. 72.01 (6ag) and (6b) of the supreme court rules are
created to read:
(6ag) Construction liens. A statutory lien claim filed with the clerk
of circuit court for services performed or materials provided for
improvements, as defined in s. 779.01 (2) (a), stats.: 2 years after the
date of filing the lien claim with the clerk of court if no action is
brought and no summons and complaint are filed.
(6b) Condominium liens. A statement of condominium lien filed with
the clerk of circuit court under s. 703.16 (4), stats., for unpaid
assessments, including interest and actual costs of collection: 3 years
after the date of filing the statement of condominium lien with the
clerk of court if no action is brought to foreclose the lien.
SECTION 3. 72.01 (11), (12), (13), (14), (15), (16) and (17) of the
supreme court rules are amended to read:
(11) Family case files. All papers deposited with the clerk of courts
in every proceeding commenced under chapter ch.
767 of the statutes , stats.:
50 30 years after entry of judgment of divorce
or entry of final order, except that after 30 years, for any case
file for which support or maintenance payments are continuing to be
made, 7 years after final payment or after order terminating maintenance
is filed.
(12) Family court record. A history and index of proceedings kept in
book or card form books, on cards or in electronic
or optical format: 50 30 years after entry
of judgment of divorce or entry of final order, except that after 30
years, for any court record for which related support or maintenance
payments are continuing to be made, 7 years after final payment or after
order terminating maintenance is filed.
(13) Family court minute record. A brief statement of in-court
proceedings commenced under chapter ch. 767
of the statutes , stats., generally maintained
in the case file: 50 30 years after entry of
judgment of divorce or entry of final order, except that after 30
years, for any court minutes for which related support or maintenance
payments are continuing to be made, 7 years after final payment or after
order terminating maintenance is filed.
(14) Family maintenance and support payment records. Record of family
maintenance and child support payments received by the clerk of circuit
court: 50 30 years after entry of judgment of
divorce or entry of final order, except that after 30 years, for any
payment records for which related support or maintenance payments are
continuing to be made, 7 years after final payment or after order
terminating maintenance is filed.
(15) Felony case files. All papers deposited with the clerk of courts
in every proceeding commenced under chapter ch.
968 of the statutes , stats., for felony
offenses and all papers filed with the clerk of courts for the
commitment of an inmate under ch. 980, stats.: 50 years after entry
of final judgment; for Class A felonies, 75 years after entry of final
judgment.
(16) Felony court record. A history and index of criminal proceedings
kept in book or card form books, on cards or in
electronic or optical format, including court records regarding the
commitment of an inmate: 50 years after entry of final judgment; for
Class A felonies, 75 years after final judgment.
(17) Felony minute record. A brief statement of in-court proceedings
in a felony action, generally maintained in the case file, including
minute records regarding the commitment of an inmate: 50 years after
entry of final judgment; for Class A felonies, 75 years after final
judgment.
SECTION 4. 72.01 (21), (22) and (23) of the supreme court rules are
repealed.
SECTION 5. 72.01 (24) and (24a) of the supreme court rules are
amended to read:
(24) Traffic forfeiture, conservation forfeiture and ordinance
violation case files. All papers deposited with the clerk of circuit
court in every proceeding commenced under chapters
chs. 29, 30, 48, 66, 125, 167, 343, 345, and 350
and 938 of the statutes , stats.: 6 years
after entry of final judgment.
(24a) Traffic forfeiture, conservation forfeiture and ordinance
violation court record. A history and index of proceedings kept in
book or card form books, on cards or in electronic
or optical format: 6 years after entry of final judgment.
SECTION 6. 72.01 (41), (43) and (44) of the supreme court rules are
amended to read:
(41) (title) Juvenile delinquency, juveniles in need of protection
and services and children in need of protection and services case
files. Except as provided in sub. (24), all All
papers deposited with the clerk of circuit court, register in probate or
clerk of court for juvenile matters in every proceeding commenced under
chapter ch. 48 or 938 of the
statutes ,stats.: 10 4 years
after the 18th birthday of the juvenile or child;
8 years after the 18th birthday of the juvenile or child if he or she
was adjudicated delinquent for committing an act that would be
punishable as a Class A or Class B felony if committed by an
adult.
(43) Juvenile court record. A history and index of proceedings under
chapter ch. 48 or 938 of the
statutes , stats., kept in book or card
form books, on cards or in electronic or optical format:
10 4 years after the 18th birthday of
the juvenile or child; 8 years after the 18th birthday
of the juvenile or child if he or she was adjudicated delinquent for
committing an act that would be punishable as a Class A or Class B
felony if committed by an adult.
(44) Juvenile minute record. A brief statement of in-court
proceedings commenced under chapter ch. 48 or
938 of the statutes stats., generally
maintained in the case file: 10 4 years after
the 18th birthday of the juvenile or child; 8 years
after the 18th birthday of the juvenile or child if he or she was
adjudicated delinquent for committing an act that would be punishable as
a Class A or Class B felony if committed by an adult.
SECTION 7. 72.01 (47) of the supreme court rules is amended to
read:
(47) Court reporter notes. Verbatim stenographic
or, shorthand, audio or video notes
produced by a court reporter or any other verbatim record of
in-court proceedings: 10 years after the hearing.
SECTION 8. 72.01 (53), (54) and (55) of the supreme court rules are
amended to read:
(53) Juror questionnaires. A form sent to determine eligibility of
prospective jurors: 3 4 years after panel
service.
(54) Jury array. A list of qualified persons selected by jury
commissioners to serve as jurors: 3 4
years after panel service.
(55) Record of jurors. A record of jurors summoned to serve on
juries: 3 4 years after panel service.
SECTION 9. 72.01 (63) of the supreme court rules is created to
read:
(63) Inquest records. Records of an inquest under s. 979.08, stats.,
including testimony, evidence, written instructions and findings of
probable cause or verdict: No retention; record is delivered to the
coroner or medical examiner for safekeeping.
SECTION 10. 72.01 (64) of the supreme court rules is created to
read:
(64) Incarcerated person records. Files containing prisoner
litigation correspondence, pleadings and other documents; usually a writ
of habeas corpus or certiorari; that are kept in group files until they
are reviewed by a judge to determine if the action can be filed without
the payment of filing fees and court costs: 5 years after date of
submission. If the action meets the filing criteria as a civil action,
it becomes a civil case and is retained in accordance with sub. (1).
SECTION 11. 72.05 of the supreme court rules is repealed and
recreated to read:
72.05 (title) Retention of court records maintained as
official or original information on electronic or optical storage
systems.
(1) In this rule:
(a) "Accessible" means arranged, identified, indexed and maintained
in a manner that permits the location and retrieval of the information
in a readable format within a reasonable time by use of the proper
hardware and software.
(b) "Accurately reproduce" means that, when displayed on a retrieval
device or reproduced on paper, all information exhibits a high degree of
legibility and readability.
(c) "Authenticity" means actually and reliably what is claimed and
implies the ability to substantiate what is claimed.
(d) "Legible" means that, when displayed on a retrieval device or
reproduced on paper, the quality of the letters, numbers or symbols
enables the user to identify them positively and quickly to the
exclusion of all other letters, numbers or symbols.
(e) "Readable" means that the quality of a group of letters, numbers
or symbols is recognized as words, complete numbers or distinct
symbols.
(2)Court records specified in SCR 72.01 and maintained as official or
original information on electronic or optical storage systems shall be
retained in the custody of the court for the minimum time periods
specified in SCR 72.01. The system maintaining the court records shall
meet all of the following requirements:
(a) The information retained shall be in a legible and accessible
format capable of accurately reproducing the original, or of sustaining
readability, for the time periods specified in SCR 72.01.
(b) Operational and technical system procedures shall protect the
authenticity, confidentiality, accuracy and reliability of the
information captured and provide the appropriate level of security to
safeguard the integrity of the electronic or optically imaged
information.
(c) The legibility and readability of a statistically significant
sampling of electronic or optically imaged records shall be verified to
ensure, to a 99.5% degree of confidence, that the information or images
are legible and readable. Original optical images that are not legible
or readable shall be flagged and rescanned for optimum image
enhancement. Illegible images shall contain the scanned notation "best
possible image."
(d) A suitable technical level of security shall be provided to
protect electronic or optically imaged records that are required to be
sealed, impounded or confidential and procedures shall be implemented to
restrict access to only those persons authorized by statute or court
order to access those records.
(e) Suitable hardware and software shall be provided to retrieve,
read and timely reproduce on paper any record retained on electronic or
optical storage systems.
(f) Procedures shall be in place and timely implemented for the
backup, recovery and storage of electronically or optically stored
records to protect those records against media destruction or
deterioration and information loss.
(g) For disaster recovery purposes, at least one electronically or
optically stored backup copy of all automated or optically imaged
records shall be maintained using accepted computer backup procedures;
backup copies shall be stored in a separate location under appropriate
environmental storage conditions; and a schedule to regularly update or
supplement backup copies as a normal part of operations shall be
implemented.
(h) At least one set of documentation for the electronic or optical
systems that produced the automated or optically imaged records shall be
maintained for the retention period of those records, and documentation
shall be regularly updated or supplemented when revisions are made.
(i) Inspection of a statistically significant sampling of electronic
or optically imaged records shall be conducted at least once every 3
years to verify, to a 99.5% degree of confidence, that there has been no
degradation of the electronic medium or of the image quality.
(j) A media retention and conversion review schedule shall be
established to ensure that electronically or optically stored
information is reviewed for data conversion or recertification at least
once every 3 years or more frequently when necessary to prevent the
physical loss of data or technological obsolescence of the medium.
(k) Off-line electronic data or records stored on optical disk shall
be transferred to new media or new optical disk and verified prior to
the expiration of one-half of the useful life of the original media or
disk as determined by the manufacturer's certified disk playback
stability measured in years.
(l) Court records electronically or optically stored, including
records stored off-line and on backup media, that are expunged by court
order under ss. 938.355 (4m) and 973.015, stats., shall be expunged by
sealing or removing the record, obliterating the index to the record, or
otherwise restricting access to the record.
(3) Electronically or optically stored records with historical or
research value beyond the retention periods specified in SCR 72.01 shall
be protected from destruction or media deterioration and transferred to
the state historical society of Wisconsin in a
computer-industry-accepted standard universal format, together with
technical documentation.
(4) Records electronically or optically stored that have reached the
minimum retention period specified in SCR 72.01 and that do not have
historical or research value may be destroyed. For the circuit court
automation program or other electronic court data systems and for
write-once-read-many-times optical disk systems, records should be
organized and formatted to permit the off-line disk or optical disk as a
whole to be destroyed. For write-once-read-many-times disks, the
destruction or sealing of the specific index reference to the obsolete
record is sufficient.
(5) A written plan shall be provided to the director of state courts
for prior approval to ensure compliance with this rule before a new
electronic or optical imaging system is implemented and before an
existing system is enhanced. The plan shall indicate all of the
following:
(a) That a feasibility study was conducted and an analysis made of
the system's cost and conversion costs compared to ongoing current
costs.
(b) That a data migration plan has been developed for the retention
period of electronically or optically stored records.
(c) If the system is an optical imaging system, that the custodian of
the record has executed a statement of intent and purpose indicating all
of the following:
1. The case type of record and years to be reproduced or
transferred.
2. The subsection of SCR 72.01 that pertains to the type of court
record being imaged.
3. The physical disposition of the original paper records.
4. If the system is a county system, the county resolution or
ordinance authorizing optical imaging.
5. The certification of the records as received or created and
transferred to optical disk format in the normal course of business.
(d) That the statement of intent and purpose was provided to the
office of the director of state courts.
IT IS FURTHER ORDERED that, effective April 1, 1999 and unless
otherwise ordered by the court prior to that date, 72.01 (24), (24a) and
(24m) of the supreme court rules are amended to read:
(24) Traffic forfeiture, conservation forfeiture and ordinance
violation case files. All papers deposited with the clerk of circuit
court in every proceeding commenced under chs. 29, 30, 48, 66, 125, 167,
343, 345, 350 and 938, stats.: 6 5 years after
entry of final judgment.
(24a) Traffic forfeiture, conservation forfeiture and ordinance
violation court record. A history and index of proceedings kept in
books, on cards or in electronic or optical format: 6
5 years after entry of final judgment.
(24m) Traffic forfeiture, conservation forfeiture and ordinance
violation minute record. A brief statement of in-court proceedings in a
forfeiture or ordinance violation action, generally maintained in the
case file: 6 5 years after entry of final
judgment.
IT IS FURTHER ORDERED that notice of these amendments of the Supreme
Court Rules shall be given by a single publication of a copy of this
order in the official state newspaper and in an official publication of
the State Bar of Wisconsin.
Dated at Madison, Wis., this 1st day of April, 1998.
By the court: Marilyn L. Graves, Clerk
Alternative Means of Reporting
In the Matter of the Amendment of Supreme Court Rules: SCR
71.01 (3) (proposed) SCR 71.05 - Alternative Means of
Reporting
Order 97-11
The court held a public hearing March 17, 1998, on the petition of
the Director of State Courts requesting the creation of a rule to
authorize the use of alternative means of making a verbatim record of
court proceedings in certain circumstances and to provide for the
maintenance and retention of those records and for the preparation of
transcripts to them. The court has considered the presentations at the
public hearing and the materials filed with the court in this
matter.
IT IS ORDERED that, effective June 1, 1998, the Supreme Court Rules
are amended as follows.
SECTION 1. 71.01 (3) of the supreme court rules is amended to
read:
(3) The director of state courts shall develop
guidelines rules for the use of alternative
means of making a verbatim record and submit them to the supreme
court for adoption as rules of judicial administration under SCR chapter
70.
SECTION 2. 71.05 of the supreme court rules is created to read:
SCR 71.05 Alternative means of reporting.
(1) The person reporting a court activity or proceeding may use
electronic means if any of the following conditions is met:
(a) The chief judge of that district gives prior approval in
high-volume court proceedings where transcripts are requested
infrequently.
(b) After a reasonable effort to locate a court reporter is made, a
court reporter is not available.
(c) The circuit court judge, with the approval of the chief judge of
that district, determines that the use of electronic means is
necessary.
(2) The electronic record shall be maintained in compliance with SCR
72.05 for the length of time required in SCR 72.01 (47) or for the time
required for the case type under SCR 72.01, whichever is shorter.
(3) If a transcript of any proceeding that is electronically recorded
under sub. (1) is required, the court shall order that a transcript be
prepared. The court reporter who prepares the transcript under this
subsection shall certify that it is a verbatim transcript of the
electronic recording of the proceeding. Transcripts under this
subsection shall comply with SCR 71.04.
(4) The director of state courts shall promulgate standards governing
the use of electronic reporting.
IT IS FURTHER ORDERED that notice of these amendments of the Supreme
Court Rules shall be given by a single publication of a copy of this
order in the official state newspaper and in an official publication of
the State Bar of Wisconsin.
Dated at Madison, Wis., this 27th day of March, 1998.
By the court: Marilyn L. Graves, Clerk
WILLIAM A. BABLITCH, J., did not participate.
Wisconsin Lawyer
