Public Comment Open, Proposed Rule Changes to Records Retention
By Lisa Colbert | March 5, 2024
The Supreme Court of Ohio has opened a 45-day period for public comment on proposed amendments to the Rules of Superintendence for the Courts of Ohio regarding records retention.
The proposed changes would:
- Streamline and consolidate records retention definitions that were previously repeated in multiple sections.
- Modernize the rules by clarifying that once a record is preserved electronically, any paper copies may be destroyed.
- Shorten retention periods where possible and appropriate.
- Provide direction on previously unaddressed topics, such as specifying what types of notice are required before courts dispose of old exhibits and transcripts.
- Clarify that only records of cases in which the death penalty has been imposed must be retained permanently.
- Shift the burden for seeking the return of exhibits and filed transcripts to parties rather than the courts.
- Unify retention periods established in the rules with those found in the Revised Code.
Comments should be submitted in writing before April 15, 2024, to:
Bryan Smeenk
Deputy Chief Legal Counsel
Supreme Court of Ohio
65 S. Front St., 7th Floor
Columbus, OH 43215
or
ruleamendments@sc.ohio.gov