CASE RECORDS RETENTION SCHEDULE - COURTS
Effective Date: 3/1/2021
Note: The six-digit number accompanying a record, e.g. "500401" below represents the record control number for each record series. The single character case designation, e.g. (C) Civil Case Files, refers to the unified case information system case type. The multiple character case designation, e.g (CV) Civil Case Files, refers to the Odyssey® electronic file case type.
Administrative Appeal (AA)
This series contains pleadings to appeal from an administrative agency order.
Retain for 3 years from disposition date.
Administrative (Noncriminal) Traffic Case Files (T) - 500401
This series contains the citation, correspondence, and may include a receipt.
Retain for 3 years after the current fiscal year (ACFY), ending June 30.
All Case Summaries
This series contains the summary of case events (index of pleadings), case assignment, party information, events, financial information, and the case event metadata for all cases in the electronic file system. (The case summary has also been referred to as the register of actions.)
Retain permanently.
Civil Case Files (C) and (CV)
*Offer all cases prior to 1925, whether appealed or not, to the State Archives.
Annulment (AN), Divorce (10) – 500412, Legal Separation (LS) - This series contains actions to annul or dissolve a marriage or to legally separate. Retain for 50 years from date of disposition or if a child support judgment is included, judgment must be retained for 5 years from the date of satisfaction, whichever is later. Transfer to State Archives.
Custody and Parenting Responsibility (14) - 500441, Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) - This series contains pleadings to bring an action or motion to determine or change custody or parenting responsibility for minor children or if a parent wishes to register a custody or parenting responsibility order resulting from a proceeding in another state in which child custody or parenting responsibility was determined, or to enforce custody, parenting responsibility, or child support orders of other jurisdictions.
Retain for 50 years from disposition dateor if a child support judgment is included, judgment must be retained for 5 years from the date of satisfaction, whichever is later. Transfer to State Archives.
Child Support (16) - 190102 - This series contains pleadings to bring an action for the establishment of a child support order or pleadings contained in-state child support transcription.
Retain for 5 years from the date of satisfaction.
Dismissed – Retain for 1 year from date of dismissal.
Child or Spousal Support (18) - 190102 -This series contains pleadings filed under UIFSA for registration or enforcement of child support or spousal support.
Retain for 5 years from the date of satisfaction.
Contract Collection (32) - This series contains pleadings on a specific contract or an action for collection on a debt or account due and owing.
Retain as indicated below. Offer to State Archives if case is appealed.
500406 - Money judgment - entered and not renewed - 11 years from date of judgment.
500407 - Money judgment - entered and renewed - 21 years from date of original judgment.
500405 - No money judgment & case dismissals - 1 year from date of dismissal.
Child support judgment - 5 years after the date of satisfaction of judgment, even if the docket money judgment is not renewed.
Criminal Money Judgment (CMJ) – This series contains pleadings on an action for collection of a criminal debt or account due and owing.
Money judgment - entered and not renewed - 11 years from date of judgment.
Money judgment - entered and renewed - 21 years from date of original judgment.
Condemnation and Eminent Domain (36) - This series contains actions to take private property for public use.
500422 - If uncontested, retain for one year from date of disposition.
500423 - If contested, retain for 20 years from date of disposition. Transfer to State Archives.
Disorderly Conduct Restraining Order (26) or Sexual Assault Restraining Order - This series contains actions brought for the protection against any action that may affect the safety, security, or privacy of another person. (Does not include allegations of domestic violence).
500442 - Retain for 5 years from date of expiration of order.
500443 - Dismissed - Retain for one year from the dismissal order.
Eviction/Forcible Detainer (38) - 500444 - This series contains actions to recover the possession of real estate when it is being held wrongfully as specified by law. If money judgment is entered, dispose of in same manner as Contract Collection (32).
Retain for 1 year from date of disposition.
Firearm Restoration Proceedings – This series contains proceedings on a petition for restoration of firearms rights. (This series does not include petitions for firearm rights restoration that are filed in the underlying criminal or mental health case that issued the firearm restriction.)
Retain for 75 years from the date of disposition if petition is granted. Retain for 3 years from the date of disposition if the petition is denied.
Foreclosure (4) - 500445 - This series contains actions to foreclose or enforce a lien, trust deed, pledge, or mortgage as provided by law.
Retain for 10 years from date of judgment.
Foreign Judgment (48) - This series contains filings of judgments, decrees, or orders of any other court that contains a money judgment.
Retain as indicated below. Offer to State Archives if case is appealed.
500406 - Money judgment entered and not renewed - 11 years from date of judgment.
500407 - Money judgment entered and renewed - 21 years from date of original judgment.
Malpractice (06) - This series contains actions for damages based on professional misconduct or unreasonable lack of skill.
Retain as indicated below. Offer to State Archives if case is appealed.
500446 - No judgment/ Dismissal - 5 years from date of dismissal.
500446 - Judgment without lien - 5 years from date of judgment.
500406 - Money judgment entered and not renewed - 11 years from date of judgment.
500407 - Money judgment entered and renewed - 21 years from date of original judgment.
Name Change (42) - 500402 - This series contains proceedings under N.D.C.C. ch. 32-28 to change the name of a person. This does not include name changes during adoption or divorce.
Retain for 100 years from disposition date. Transfer to State Archives.
Other (49) - 500403 - This series contains any civil action or proceeding that does not fit in any of the other specific categories.
Retain for 20 years from disposition. Transfer to State Archives.
Personal Injury (04) - This series contains actions for damages based on physical or emotional injury to a person.
Retain as indicated below. Offer to State Archives if case is appealed.
500446 - No judgment/dismissal - 5 years from date of dismissal.
500446 - Judgment without lien - 5 years from date of judgment.
500406 - Money judgment entered and not renewed - 11 years from date of judgment.
500407 - Money judgment entered and renewed - 21 years from date of original judgment.
Post Conviction Relief (PCR) – This series contains pleadings to seek post-conviction relief.
Retain for 10 years from final order.
Post Paternity (PP) – This series contains actions to obtain access to a court order establishing paternity.
Retain according to retention period for underlying case type.
Property Damage (02) - This series contains actions for damages based on damage to property.
Retain as indicated below. Offer to State Archives if case is appealed.
500446 - No judgment/dismissal - 5 years from date of dismissal.
500446 - Judgment without lien - 5 years from date of judgment.
500406 - Money judgment entered and not renewed - 11 years from date of judgment.
500407 - Money judgment entered and renewed - 21 years from date of original judgment.
Public Judgment (PJ) – This series contains actions to obtain access to a final order of the court.
Retain according to retention period for underlying case type.
Quiet Title (34) - 500427 - This series contains actions to determine adverse claims and quiet title to real property.
Retain for 50 years from disposition. Transfer to State Archives.
Special Proceedings (44) - 500447 - This series contains procedures provided for by law which is not included in any other category, e.g., writs of mandamus, certiorari, and prohibition.
Retain for 5 years from disposition.
Sexually Dangerous Individual (SDI) – This series contains pleadings for the civil commitment of a sexually dangerous individual. Orders that have conditions that have not expired within 20 years shall be retained until those conditions have expired.
Retain for 20 years from disposition.
Termination of Parental Rights (24) - 500448, Relinquishment of Parental Rights (RE) - This series contains pleadings filed in district court for termination or relinquishmentof parental rights.
Retain permanently.
Trust Proceedings (46) - 500434 - This series includes both the registration of the trust and the supervision of the trust.
Retain for 50 years from disposition.
Register of Civil Actions - 720204 - This series contains hard copy of the index of pleadings filed in the case. This does not include the actual index of plaintiff's and defendant's names.
Retain hard copy for same period as file. If the register is part of the manual index, retain for same period as manual index.
Civil Court Reporter Notes - General 801201
This series contains court reporter notes, tape recordings, audio visual recordings (possibly cassette tapes).
Retain for 7 years from date of judgment. Dispose by landfill, except for notes or tapes of child support hearings.
Civil Court Reporter Notes - Support Hearings 801202
This series contains court reporter notes, tape recordings, audio visual recordings (possibly cassette tapes).
Retain for 60 days after the order has been confirmed.
Correspondence - All Case Types 450101
This series contains general correspondence from persons or entities. This information is generally one-time in nature such as requests for information and case file cover letters and is of value for only a short time period.
Retain until after the requested action is taken.
Criminal Case Files - Non-traffic (K) and (CR)
* Offer all cases prior to 1925, whether appealed or not, to State Archives.
Extradition (EX) – This series contains pleadings to extradite a defendant to another jurisdiction.
Retain for 3 years from extradition order.
Infraction - 500435 -This series contains pleadings charging an infraction. Offer to State Archives if case is appealed.
Retain for 3 years from date of disposition or the date a financial obligation is satisfied or determined uncollectible, whichever is later.
Misdemeanor - 500409, Municipal Appeal (MA) - This series contains pleadings charging a misdemeanor or the appeal of a municipal misdemeanor conviction.
Retain, including medical or drug treatment documents, for 10 years from date of final disposition or date a financial obligation is satisfied or determined uncollectible, whichever is later. Dispose of PSI evaluations by shredding. Offer to State Archives if case is appealed.
Felonies - 500410 - This series contains pleadings charging a felony.
Retain, including medical or drug treatment documents, for 30 years from the date of final disposition or date a financial obligation is satisfied or determined uncollectible, whichever is later. Dispose of PSI evaluations by shredding. Sentencing that has conditions that have not expired within 30 years shall be retained until those conditions have expired. Offer to State Archives if case is appealed.
Misdemeanor – DUI offenses – This series contains pleadings charging a misdemeanor for driving or actual physical control of a vehicle by persons under the influence of intoxicating liquor or other drugs or substances.
Retain, including medical or drug evaluation and treatment documents, for 15 years from the date of final disposition or date a financial obligation is satisfied or determined uncollectible, whichever is later. Dispose of PSI evaluations by shredding. Offer to State Archives if case is appealed.
Misdemeanor - Protection Order Violation - 500450 - This series contains pleadings charging a misdemeanor violation of a domestic violence protection order under N.D.C.C. § 14-07.1-02.
Retain, including medical or drug treatment documents, for 100 years from date of final disposition or date a financial obligation is satisfied or determined uncollectible, whichever is later. Dispose of PSI evaluations by shredding. Offer to State Archives if case is appealed.
Felonies - Protection Order Violation - 500449 - This series contains pleadings charging a felony violation of a domestic violence protection order under
N.D.C.C. § 14-07.1-02.
Retain, including medical or drug treatment documents, for 100 years from the date of final disposition or date a financial obligation is satisfied or determined uncollectible, whichever is later. Dispose of PSI evaluations by shredding. Offer to State Archives if case is appealed.
Adult Sex Offense Files - 500436 -This series contains case files and court documents in which the defendant is alleged to have committed an offense identified under N.D.C.C. § 25-03.3-04.
Retain for 50 years from date of final disposition or action. Dispose by shredding if juvenile involved. Sentencing that has conditions that have not expired within 50 years shall be retained until those conditions have expired.
Search Warrants (when no criminal case file exists) - 800318 -This series contains the affidavit, search warrant, receipt, and inventory.
Retain for 3 years from receipt.
Criminal Court Reporter Notes/Court Recorder Tapes - 801204 -This series contains court reporter notes and audio recordings.
Retention period for notes and electronic recordings that contain mixed proceedings must be retained for the longest retention of the file.
Retain infraction, misdemeanor, and felony reporter notes/court recorder tapes for same period as file.
Register of Criminal Actions - 720206 -This series contains the hard copy of the index of pleadings filed in the case. This does not include the actual index of parties' names.
Retain hard copy for same period as file. If the register is part of the manual index, retain for same period as manual index.
Financial
State Clerks - 011001
This series contains Odyssey Daily Deposit Analysis reports, deposit slips and supporting documentation, which may include credit card settlement reports and printed receipts. (Transaction registers and deposits reports will be retained electronically and need not be printed unless requested for audit purposes):
Retain for 3 years after the current fiscal year ending June 30. Records with financial account numbers must be shredded.
Unclaimed property reports and proof of contact regarding uncashed checks -012401:
In accordance with N.D.C.C. § 47-30.1-17, retain for 10 years after the property becomes reportable.
Monthly reports and bank reconciliations are retained by the Fiscal department of the State Court Administrator’s office and need not be retained in the Clerk’s office.
County Clerks - 011001
This series contains Odyssey Daily Deposit Analysis reports, deposit slips and supporting documentation which may include credit card settlement reports and printed receipts. (Transaction registers and deposits reports will be retained electronically and need not be printed unless requested for audit purposes):
Retain for 3 years after the current fiscal year ending June 30. Records with financial account numbers must be shredded.
This series contains Odyssey Daily Deposit Analysis reports, deposit slips and supporting documentation which may include credit card settlement reports and printed receipts. (Transaction registers and deposits reports will be retained electronically and need not be
313 printed unless requested for audit purposes):
Retain for 3 years after the current fiscal year ending June 30. Records with financial account numbers must be shredded.
Monthly reports and bank reconciliations and supporting documentation, which may include bank notices, requests for check replacement and voided checks:
Retain for 3 years after the current fiscal year ending June 30. Records with financial account numbers must be shredded.
Grand Jury Proceedings - 500414
This series contains transcripts of testimony during grand jury proceedings/prosecution's evidence, jury decision, and indictment.
Retain for 1 year from date of filing. Dispose by shredding.
Index Books - 720202
This series contains a listing of all plaintiffs and defendants in civil, criminal, probate, confidential, and small claims actions.
Retain permanently. This record has archival value.
Judgment Docket - 800309
This series contains court record of money judgments including name of debtor, creditor, date of judgment, sum recovered or directed to be paid in figures, time when the judgment roll of transcript was filed and docketed in the clerk's office, and the name of the court in which the judgment was rendered.
Retain for 21 years from last judgment entry.
Juror Records - 800310
This series contains jury qualification form, questionnaires, master jury list and all supporting lists, and payment records.
Retain for 3 years from the creation of master jury list. Dispose of by shredding.
Hospital Lien Records - 500424
This series contains Hospital Liens.
Retain for 3 years from the date of filing.
Miscellaneous - 500425
This series contains Orders, Attachments, and Affidavits which are not part of a case file or record found elsewhere on the retention schedule.
Retain for 5 years.
Probate (P) - 500426
This series contains pleadings in all case types:
Conservatorship (50)
Conservatorship - Minor (52)
Guardianship - (54)
Guardianship - Minor (56)
Conservatorship/Guardianship (58)
Protective Proceedings (80)
Formal Probate of Will (81)
Informal Probate of Will (82)
Formal Probate Administration (83)
Informal Probate Administration (84)
Domiciliary Proceeding (85)
Heirship (86)
Retain permanently. This record has archival value.
Register of Probate Actions - 720211
This series contains a hard copy of the index of pleadings filed in the case. This does not include the actual index of plaintiff's and defendant's names.
Retain permanently.
Record Search - 800317
This series contains a copy of the certification of record search (whether criminal or civil).
Retain for 30 days from completion of the search.
Restricted Case Series ( R)
Abortion Control Files (98) - 500417
Retain for 1 year from the date of the final order. Dispose by shredding. (Abortion Control Act).
Adoption (20) - 190101 This series contains petition and decree of adoption.
Retain permanently. This record has archival value.
Domestic Violence (12) - This series contains pleadings alleging domestic violence.
500437 - Retain for 5 years from expiration of court order, unless dismissed. Dispose by shredding. Orders that have conditions that have not expired within 5 years shall be retained until those conditions have expired.
500438 - Retain dismissed case files for 1 year from the order of dismissal. Dispose by shredding.
Mental Health (87) - 500415 -This series contains chemical dependence or mental illness records.
Retain for 5 years from the date of last order. Orders that have conditions that have not expired within 5 years shall be retained until those conditions have expired. Dispose by shredding.
Paternity (22) - 500408 - This series contains pleadings filed in a case to adjudicate paternity.
Retain permanently.
Registers of Adoption, Juvenile, Mental Health Treatment, and Termination of Parental Rights - 720207 -This series contains the hard copy of the index of pleadings filed in the cases. This does not include the actual index of plaintiff's and defendant's names.
Retain hard copy for life of the file. Dispose by shredding. If register is part of the manual index, retain for same period as manual index.
Juvenile Case Files
This series contains all petitions, summons, findings of fact, orders, documents related to service, court-related notices, motions, affidavits, evaluations, and reports so entered by the court. Retain as listed below.
Guardianship/Conservatorship of a Minor (GCM), Juvenile Guardianship (JGRD) – This series includes pleadings to establish a guardianship and/or conservatorship of a minor in Juvenile Court.
Retain permanently.
Juvenile Continued Foster Care Services – This series contains pleadings for a child in need of continued foster care services under N.D.C.C. § 27-20-30.1.
Retain for 1 year after the expiration of the order or until age 21, whichever is later.
Juvenile Delinquency (94) - 500419
Retain for 10 years after expiration of final order, or age 18, whichever is later. Dispose by shredding.
Juvenile Extradition (JEX) – This series contains pleadings to extradite a juvenile to another jurisdiction.
Retain for 3 years from extradition order.
Juvenile Unruly (95) - 500420
Retain for 1 year after child turns 18 or final expiration of order, whichever is later. Dispose by shredding.
Juvenile Deprivation (96) (Without Parental Rights Termination) - 500416
Retain for 10 years after child turns 18 or final expiration of order, whichever is later. Dispose by shredding.
Juvenile Sex Offense Files - 500439 -This series contains case files or court records that describe acts that may constitute an offense under N.D.C.C. chapters 12.1-20 and 12.1-27.2.
Except as specified below, retain for 25 years from the date of disposition or action. Dispose by shredding.
Retain case files or court records that describe acts that may constitute an offence under N.D.C.C. §§ 12.1-20-03, 12.1-20-04, or 12.1-20-07 for 50 years from the date of disposition or action. Dispose by shredding.
Juvenile Termination of Parental Rights (97) - 500418
Retain permanently.
Juvenile Shelter Care (96) - 500421
Retain non-petition shelter care cases for 1 year from expiration of the order. Dispose by shredding.
Juvenile Special Proceedings (98) - 500440
Retain for 1 year after the final expiration of the order or until age 21, whichever is later. Dispose by shredding.
Juvenile Officer's Working File - 801206 -This series contains all informal and formal documents, case notes, and reports.
Retain until child reaches age 18 or meets all conditions, whichever is later, except for documents governed by N.D.C.C. § 25-03.3-04. Dispose by shredding.
Juvenile Drug Court - Coordinator's and Juvenile Officer's Working File - 801207 - This series contains all informal documents, case notes, and reports concerning a juvenile's participation in juvenile drug court.
Retain for 2 years from graduation or termination from juvenile drug court program or attainment of age 18, whichever is later, except for documents governed by N.D.C.C. §25-03.3-04. Dispose by shredding.
Small Claims (S) (88)
This series contains pleadings to bring an action for small claims.
Retain as specified below.
500429 - Judgment entered - not renewed - 11 years from date of judgment.
500430 - Judgment entered - and renewed - 21 years from date of original judgment.
500431 - No money judgment/dismissed cases - 1 year from date of dismissal.
Register of Small Claims Actions - 720212 -This series contains the hard copy of the index of pleadings filed in the case. This does not include the actual index of plaintiff's and defendant's names.
Retain hard copy for same period as file. If register is part of the manual index, retain for same period as file.
Transcript of Judgment from Another County (M)
This series contains a transcript of judgment from another county within the state.
Retain as specified below.
500432 - Judgment Entered - 11 years from date of judgment.
500433 - Judgment Renewed - 21 years from date of original judgment.
Wills - 800304
This series contains wills in the custody of the clerk of court which are not part of a probate. N.D.C.C. §§ 30.1-11-01 (possible delivery of will to clerk by recorder) and 30.1-11-02 (possible delivery of will to clerk by others).
Retain permanently.