UTCR 1.140: REQUESTS FOR EXTENDED RETENTION OF COURT RECORDS

(1) Notwithstanding the retention period established in the schedule adopted by the State Court Administrator under ORS 8.125, the following procedures allow persons to extend records retention as described:

(a) AUTOMATIC EXTENSION. Any party to a case may request an automatic extension of retention for records described in this paragraph that are related to the person’s case. A trial court administrator will automatically grant a request under this paragraph. The court will not discard records subject to the request before one year from the date of entry of the request for automatic extension in the register of actions. A party may submit a new request under this paragraph prior to the expiration of a previous request. An automatic extension of records retention under this paragraph can apply only to the following records for the requestor’s case:

(i) Records shown by the register maintained under ORS 7.020 as having been received by the court in the case, other documents maintained in the court file specifically established for the case, and the register of actions and judgment docket for that specific case.

(ii) The audio or video recordings and logs, court reporter notes or transcripts for that case which the court has and which are identified with the case number.

(b) JUDICIAL EXTENSION. Any person may request a judicial extension of the retention period for any records maintained by a court as described by this paragraph. Granting a request under this paragraph is at the court’s discretion. The court will not discard records for which an extension is granted under this paragraph before the date certain set in the extension order. Where an extension order under this paragraph does not establish a specific date for extended retention, the extension runs for one year from the date an order granting the extension is entered in the register of actions. A request for a judicial extension under this paragraph can be made:

(i) For records not covered by paragraph (a) of this subsection.

(ii) By a person seeking an extension for records subject to paragraph (a) of this subsection for a period longer than provided under paragraph (a).

(iii) By any person not allowed to request an automatic extension under paragraph (a) of this subsection.

(2) EVERY REQUEST under this rule must:

(a) Be in writing, or where available, on the form specified by the court.

(b) Be submitted to the trial court administrator for the court where the records are maintained.

(c) Where the records subject to a request relate to a specific case, specify the case number and case title for the applicable case.

(d) Indicate that the request is being made under this rule.

(3) In addition to the requirements under subsection (2) of this rule, every request for an AUTOMATIC EXTENSION under this rule must:

(a) Be accompanied by an affidavit.

(b) Specify the records described under paragraph (1)(a) of this rule to which the request applies.

(c) Be a separate request for each case.

(4) In addition to the requirements under subsection (2) of this rule, every request for a JUDICIAL EXTENSION under this rule must:

(a) Be accompanied by a supporting affidavit giving the reason for the request.

(b) Include a proposed order which provides a specific date to which the extended retention will run.

(c) If the request relates to records not described under paragraph (1)(a) of this rule, specify the records with sufficient detail for the court clerk to be able to identify the records to be retained. A request does not meet the requirement to specify records with sufficient detail for purposes of this paragraph if a request requires a clerk to perform substantial research to either identify the records or determine whether the records exist.

(d) If the request relates to records described under paragraph (1)(a) of this rule, specify the records described under paragraph (1)(a) of this rule to which the request applies.

(5) No fee will be charged for a request under this rule.

(6) Where the schedule adopted under ORS 8.125 specifies that a retention period runs from last document entry in the register of actions, entry in the register of a request or order granting or denying a request under this rule changes that retention period only to the extent granted under, according to the provisions of, and for the times established by this rule.