RECORDS RETENTION SCHEDULE - COURTS
Effective Date: 2/1/2014
Obsolete Date: 6/30/2019
Note: The six-digit number accompanying a record, e.g. "500401" below represents the record control number for each record series
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), then dispose by landfill.
Civil Case Files ( C)
* Offer all cases prior to 1925, whether appealed or not, to the State Archives.
Custody (14) - 500441 - This series contains pleadings to bring an action or motion to determine or change custody of minor children or if a parent wishes to register a custody order resulting from a proceeding in another state in which child custody was determined.
Retain for 50 years from disposition date. Dispose by landfill.
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. Dispose by landfill.
Child 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. Dispose by landfill.
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 from date of disposition. Offer to State Archives if case is appealed. Dispose by landfill.
500406 - Money judgment - entered and not renewed - 11 years
500407 - Money judgment - entered and renewed - 21 years
500405 - No money judgment & case dismissals - 1 year
Child support judgment - No disposal unless satisfied
Condemnation (36) - An action to take private property for public use.
500422 - If uncontested, retain for one year from date of disposition. Dispose by landfill.
500423 - If contested, retain for 20 years from date of disposition. Transfer to State Archives.
Disorderly Conduct Restraining Order (26) - An action 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. Dispose by landfill.
500443 - Dismissed - Retain for one year from the dismissal order. Dispose by landfill.
Divorce (10) - 500412 - An action brought to dissolve a marriage.
Retain for 50 years from date of disposition. Transfer to State Archives. Note: If a child support judgment is included, judgment must be maintained until satisfied.
Eviction/Forcible Detainer (38) - 500444 - An action 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. Dispose by landfill.
Foreclosure (4) - 500445 - A action to foreclose or enforce a lien, trust deed, pledge, or mortgage as provided by law.
Retain for 10 years from date of judgment. Dispose by landfill.
Foreign Judgment (48) - Filing a judgment, decree, or order 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.
500407 - Money judgment entered and renewed - 21 years.
Malpractice (06) - An action 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.
500446 - Judgment without lien - 5 years.
500406 - Money judgment entered and not renewed - 11 years.
500407 - Money judgment entered and renewed - 21 years.
Name Change (42) - 500402 - A proceeding 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 - 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) - An action 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.
500446 - Judgment without lien - 5 years.
500406 - Money judgment entered and not renewed - 11 years.
500407 - Money judgment entered and renewed - 21 years.
Property Damage (02) - An action 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.
500446 - Judgment without lien - 5 years.
500406 - Money judgment entered and not renewed - 11 years.
500407 - Money judgment entered and renewed - 21 years.
Quiet Title and Eminent Domain (34) - 500427 - An action to determine adverse claims and quiet title to real property.
Retain for 20 years from disposition. Dispose by landfill.
Special Proceedings (44) - 500447 - A procedure 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. Dispose by landfill.
Termination of Parental Rights (24) - 500448 - This series contains pleadings filed in district court for termination of 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. Dispose by landfill.
Register of Civil Actions - 720204 - This series contains the index of pleadings filed in the case. This does not include the actual index of plaintiff's and defendant's names.
Retain automated record or hard copy for same period as file. Dispose by landfill. 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. Dispose by landfill.
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. Dispose by landfill.
Criminal Case Files - Non-traffic (K)
* Offer all cases prior to 1925, whether appealed or not, to State Archives.
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. Dispose by landfill.
Misdemeanor - 500409 - This series contains pleadings charging a misdemeanor.
Retain for 10 years from date of final disposition or date a financial obligation is satisfied or determined uncollectible, whichever is later. Offer to the State Archives if appealed. Include medical or drug treatment documents. All other files may be disposed by landfill. Dispose of PSI evaluations by shredding.
Felonies - 500410 - This series contains pleadings charging a felony.
Retain for 30 years from the date of final disposition or date a financial obligation is satisfied or determined uncollectible, whichever is later. Offer to State Archives if case appealed. Include medical or drug treatment documents. Dispose of PSI evaluations by shredding. All other files may be disposed by landfill.
Misdemeanor - Protection Order Violation - 500450 - This series contains pleadings charging a misdemeanor violation of a domestic violence protection order.
Retain for 100 years from date of final disposition or date a financial obligation is satisfied or determined uncollectible, whichever is later. Offer to the State Archives if appealed. Include medical or drug treatment documents. All other files may be disposed by landfill. Dispose of PSI evaluations by shredding.
Felonies - Protection Order Violation - 500449 - This series contains pleadings charging a felony violation of a domestic violence protection order.
Retain for 100 years from the date of final disposition or date a financial obligation is satisfied or determined uncollectible, whichever is later. Offer to State Archives if case appealed. Include medical or drug treatment documents. Dispose of PSI evaluations by shredding. All other files may be disposed by landfill.
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.
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. Dispose by landfill.
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. Dispose by landfill.
Register of Criminal Actions - 720206 -This series contains the index of pleadings filed in the case. This does not include the actual index of parties' names.
Retain automated record or hard copy for same period as file. Dispose by landfill. If the register is part of the manual index, retain for same period as manual index.
Financial
State Clerks - 011001
UCIS daily balancing reports, deposit slips, and supporting documentation, which may include distribution, bond activity, outstanding bonds, cash receipts, and restitution reports:
Retain for 3 years after the current fiscal year. Dispose by landfill. Records with financial account numbers must be shredded.
Proof of contact regarding uncashed checks (Unclaimed Property) - 012401:
Retain for 3 years after current fiscal year. Dispose by landfill. Records with financial account numbers must be shredded.
County Clerks - 011001
UCIS or manual daily/weekly balancing reports:
Retain for 3 years after the current fiscal year. Dispose by landfill.
Monthly bank statements and reconciliations, manual receipts, deposit slips, proof of contact regarding uncashed checks (Unclaimed Property), deposit summary and transmittal for (given to Treasurer/Auditor), trial balance worksheets (used by Treasurer/Auditor for completing State Tax Collection Report), manual bookkeeping system (McBee, journals, ledgers):
Retain until audit is complete. Dispose by landfill.
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. Dispose by landfill.
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.
Lien Records - 500424
This series contains Hospital Liens.
Retain for 3 years from the date of filing. Dispose by landfill.
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. Dispose by landfill.
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 (83)
Informal Probate (84)
Domiciliary Proceeding (85)
Heirship (86)
Retain automated record or hard copy permanently. This record has archival value.
Register of Probate Actions - 720211
This series contains an index of pleadings filed in the case. This does not include the actual index of plaintiff's and defendant's names.
Retain automated record or hard copy 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. Dispose by landfill.
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 automated record or hard copy 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.
500438 - Retain dismissed case files for 1 year from the order of dismissal. Dispose by shredding.
Mental Health (87) - 500415 -This series includes chemical dependence or mental illness records.
Retain for 5 years from the date of last order. 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 index of pleadings filed in the cases. This does not include the actual index of plaintiff's and defendant's names.
Retain automated record or 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.
Juvenile Delinquency (94) - 500419
Retain for 10 years after expiration of final order, or age 18, whichever is later. Dispose by shredding.
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. §§ 12.1-20-03, 12.1-20-04, or 12.1-20-07.
Retain 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 petitioned cases that are dismissed for 1 year from expiration of the order. 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. Dispose by landfill.
500429 - Judgment entered - not renewed - 11 years.
500430 - Judgment entered - and renewed - 21 years.
500431 - No money judgment/dismissed cases - 1 year.
Register of Small Claims Actions - 720212 -This series contains the index of pleadings filed in the case. This does not include the actual index of plaintiff's and defendant's names.
Retain automated record or hard copy for same period as file. Dispose by landfill. 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. Dispose by landfill.
500432 - Judgment Entered - 11 Years.
500433 - Judgment Renewed - 21 Years.
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.