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HMCTS County Court Record Retention and ... - Ministry of Justice

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									                                  COUNTY COURT
RECORD RETENTION AND DISPOSITION SCHEDULE

PLEASE NOTE THAT NOT ALL THE RECORDS IN THIS SCHEDULE WILL BE
USED BY EVERY COUNTY COURT / DISTRICT REGISTRY (HIGH COURT)

SECTION A
District Registry (High Court) records schedule

Type of record               Retention period

1. Queen’s Bench files       Destroy 7 years after date of last paper.
                             Files of local or historical interest must be retained for
                             30 years and then sent to the local record office.

2. Chancery files            Destroy 12 years after date of last paper.
                             Files of local or historical interest must be retained for
                             30 years and then sent to the local record office.

3. Admiralty files           Destroy 10 years after date of last paper.
                             Files of local or historical interest must be retained for
                             30 years and then sent to the local record office.

4. Companies files           Destroy 7 years after date of last paper.
                             Files of local or historical interest must be retained for
                             30 years and then sent to the local record office.


5. Divorce files             Destroy file after 18 years.
                             At the 18 year point strip out decree nisi & absolute
                             and retain for a further 82 years (i.e. a total of 100
                             years) and then destroy.
6. Termination of Civil      Destroy file after 18 years.
Partnership files            At the 18 year point strip out conditional orders
                             absolute and retain for a further 82 years (i.e. a total of
                             100 years) and then destroy.
7.Children Act files         Destroy after 18 years.
   (incl. Wardship and
   Guardianship of minors
   files)

8.Parental orders under      Destroy after 100 years.
s.30 of the Human
Fertilisation & Embryology
Act

9. District Registrar’s      Destroy after 1 year.
   Cause List
 10. District Registry fee     Destroy 7 years from date of last entry.
   books
                               Destroy 7 years from date of last entry.
 11.Divorce fee books

 Obsolete records:
   District Registry cause     Destroy 7 years from date of last entry.
   books
   District Registry index     Destroy after 7 years.
   cards

    District Registry cash     Destroy 7 years from date of last entry.
    book

    Divorce cause books        Destroy 25 years from date of last entry.

    Divorce cause cards        Destroy after 25 years.

    Children Act index cards   Destroy after 18 years

    Chancery minute books      Destroy 10 years from date of last entry.

    Admiralty minute books     Destroy 10 years from date of last entry.




 SECTION B

 County Court records schedule

Type of record                  Retention period

I. FILES

1. Adoption files               Destroy after 100 years (to be stored securely under
                                lock and key and treated as ‘confidential – personal)

2. Divorce files                Destroy files after 18 years, but at 18 year point strip
                                out decrees nisi, absolute and judicial separation
                                orders and retain these documents for a further 82
                                years, i.e. 100 years in total

3. Termination of Civil         Destroy files after 18 years, but at 18 year point strip
Partnership files               out conditional order, absolute and judicial separation
                                orders and retain these documents for a further 82
                                years, i.e. 100 years in total

4. Bankruptcy files*            Destroy 20 years after the date of adjudication

5. Partnership files *          Destroy 20 years after the date of adjudication
                                [To be treated as though individual Bankruptcy file,
                                for the purposes of retention]
6. Files of dismissed           Destroy 2 years after date of last paper
Bankruptcy petitions
7.Files of withdrawn               Destroy 2 years after date of last paper
    bankruptcy petitions
8. Companies (winding up)          Destroy 15 years after date of last paper
    files *
9. Voluntary arrangement files     Destroy after 7 years
10. Oral examination files         Destroy 2 years from date of last paper
11. Administration order files     Destroy 3 years from date paid, revoked or
                                   discharged
12. Attachment of earnings         Destroy after 3 years
   files
13. Garnishee files                Destroy after 3 years
14. Charging order files           Destroy after 3 years
15. Files relating to trusts and   Destroy after 6 years
other equity proceedings

16. Files of proceedings under     Destroy after 3 years subject to the local record
    specified Acts [unless         office not seeking to retain them by virtue of Section
    specifically referred to       3(6) of the Public Records Act 1958.
    elsewhere in this schedule]
    e.g.                           Files of local or historical interest as selected by the
                                   Local Archivist must be retained for 30 years and
Inheritance [Provision For         then sent to the local record office.
Family & Dependants] Act

Judicial Separation

Law Of Property Act

Matrimonial Causes Act

Matrimonial Causes Rules

Matrimonial Homes Act

Matrimonial Proceedings
[Magistrates Court] Act

Married Woman’s Property Act

17. Summons files where            Destroy after 3 years
    hearing stands
    adjourned generally
18. Judgement summons files        Destroy after 2 years
    other than where the
    hearing stands adjourned
    generally.
19. Summons files that are not     Destroy 3 years from date of last paper
    under a specific Act that
    go to trial or arbitration.
20. Possession action files        Destroy after 3 years
21. All other summons files        Destroy after 3 years
22. Dead funds files               Destroy 2 years after closure
                                   NB For clarification purposes. A file that relates to
                                   money paid into the Court Funds Office in respect of
                                   a child or children is not to be considered closed until
                                   the child or youngest named child identified in the
                                   order attains the age of 18 years. In case of any
                                   query contact the Court Funds Office (CFO) to
                                   ascertain the status of the fund
23. Personal injury cases          Destroy 3 years from date of final award
    following an award of          Unless the claimant was a child if so see item 19
    provisional damages            above
24. Landlord and tenant files      Destroy 3 years from date of last paper, but ensure
                                   that ‘original’ lease is returned to the parties either at
                                   the end of the final hearing or is sent out with the
                                   final order
25. Family law act files           Destroy after 3 years
e.g. non-molestation and
occupancy files [formerly
known as Domestic Violence]
26. Files created under            To be retained for either
Damages (Variation of               100 years form the date of creation of the file; or
periodical payments) order             until
2004                                The claimants 100 birthday (if known to the
                                       court); or until the length of time specified in the
                                       Court order or until
                                   The death of the claimant (if the court is notified of
                                   this) and then destroyed.


II. FINANCIAL

27. Fee books in bankruptcy        Destroy after 7 years
    and companies (winding
    up) proceedings

28. Plaint fee books and           Destroy after 7 years
    sheets (book G)

29. Bailiff’s and office receipt   Destroy 7 years after completion
    books

30. Payable orders schedules       Destroy after7 years

31. Carbon-receipt sheets          Destroy 7 years after completion

32. Daily cash books               Destroy 7 years after closure

33. Copy bank paying-in slips      Destroy after 7 years
34. Monthly statements of          Destroy after 7 years
    balance and related
    vouchers
35. Attachment of earnings fee     Destroy after 7 years
    books

36. Suspense account books         Destroy after 7 years

37. Bills of sale index            Destroy after 7 years

38. Deeds of arrangement           Destroy after 7 years
    index
39. Copies of bills of sale and    Destroy after 7 years
    deeds of arrangement

40. Bailiff’s mileage records      Destroy after 7 years

41. Bank reconciliation records    Destroy after 7 years

42.Miscellaneous fee books         Destroy after 7 years

43. Fee exemption/remission        Destroy after 7 years
    applications

44. Refund documentation           Destroy after 7 years
( Refund Authorisation forms)
45. Record of AP1s                 Destroy after 7 years

46. General cash summary           Destroy after 7 years
    book
47.Listing feed back (book h)      Destroy after 7 years
    - Hearing fee book
48. Government Procurement         Destroy after 7 years
    Card (GPC) statements

III. CASEMAN REPORTS **

49. Postal reconciliation          Destroy after 7 years
    reports
50. Bailiff verification reports   Destroy after 7 years

51. Pass-through verification      Destroy after 7 years
    reports
52 Counter verification reports    Destroy after 7 years

53. Daily attachment of            Destroy after 7 years
    earnings fee sheet reports
54 Accumulative attachment of      Destroy after 7 years
    earnings fee sheet
    reports
55. Daily warrant fee sheet        Destroy after 7 years
    reports
56. Accumulated warrant fee        Destroy after 7 years
    sheet reports
57. Daily control sheets           Destroy after 7 years

58. Summary of bailiff credit      Destroy after 7 years
    notes
59. End of day reports             Destroy after 7 years

60. Ad-hoc payout reports          Destroy after 7 years

61. Amendment verification         Destroy after 7 years
    reports
62. Resolve overpayment            Destroy after 7 years
    reports
63.Court funds office reports      Destroy after 7 years
64. Retention summary             Destroy after 7 years
    reports
65. Pre-payout lists              Destroy after 7 years

66. Payment summary reports       Destroy after 7 years

67. Attachment of earnings        Destroy after 7 years
    authorisation lists
68. End of accounting period      Destroy after 7 years
    reports
69. CCBC reports                  Destroy after 3 years

70. Electronic transfer reports   Destroy after 1 year

71. Unallocated warrant           Destroy after 1 year
    reports
72. DMS reports                   Destroy after 6 months


IV. MISCELLANEOUS

73. All records earlier than      Offer to local record office
    1850 in date
74 Registers of petitions and     Offer to local record office after 30 years
    receiving orders in
    bankruptcy
75 Circuit judges/ district       Destroy after 5 years, but select 1 notebook per
    judges notebooks              judge and offer to local record office after 30 years

76 Divorce index cards            Destroy after 25 years

77. All cause/hearing lists       Destroy after 1 year

78. Taxing officer’s books        Destroy after 2 years
    (bankruptcy)
79. Companies act registers       Destroy 15 years after the date of last entry
    (petitions and winding-up
    files)
80. Warrants of execution,        Destroy after 2 years
    possession and delivery
81. Requests                      Destroy after 1 year

82. Orders of commitment          Destroy 1 year after execution or dismissal

83. Compensation (ex gratia)      Destroy after 5 years (complaint files where there
    claims                        has been no pay-out can be destroyed after 3 years)
84. Minor correspondence          Destroy after 1 year
    (other than case-related
    correspondence)
85. Certificates of judgement     Destroy after 2 years

86. Taxed bills of cost           Destroy after 1 year

87. Statutory demands,            Destroy after 2 years
    applications to set aside
88. BMS returns                     Destroy after 1 year

89. Bailiff’s daily record sheets   Destroy after 2 years

90. Outstanding warrant lists       Destroy after 1 year

91. State of work returns           Destroy after 1 year

92. Forms 107, 170, 200, 212        Destroy after 3 years
    and N243
93. Non-financial statistical       Destroy after 1 year
    information (reports,
    returns and statements)
94. Trial bundles                   Destroy if not collected by parties at end of hearing
                                    or on a date agreed with the court
95. Hearing tapes                   Re-use once after 3 years unless there is judicial
                                    direction in a particular case, then destroy
96. Hearing Digital Audio           Destroy after 3 years unless there is judicial direction
Recording (DAR) - CD media,         in a particular case
if Master audio file is not
stored on the DARTS Server
97. Hearing Digital Hearing         Automatically destroyed after 7 years unless there is
Audio Recording (DAR) where         judicial direction in a particular case
Master audio file is stored on
the DARTS Server
98. Hearing Tape/ Hearing           Destroy once tape / DAR to which it refers is either
Digital Hearing Audio               re-used or erased
Recording (DAR) logs
99. Warrant requests                Destroy after 2 years

100. Copy T&S claim forms           Destroy after 1 year
   sent to CSL
101. CSL transaction report         Destroy after 1 year

102. Critical logs for              Destroy after 1 year
signing keys in and out
103. Performance DATA               Destroy after 1 year
quality checks and quality
returns


V. OBSOLETE RECORDS
(Including records shortly to
become obsolete)

104. Care Protocol                  Destroy reports 6 months after production (subject to
Management System (CPMS)            local discretion)
– Obsolete on CPMS being
integrated into FAMILYMAN
A. Daily reports
B. Daily exception reports
C. 40x week report
D. Case allocation report

105. Administration order           Destroy 3 years after last entry
   record cards
106. Execution and              Destroy 3 years after completion
   commitment books (books
   K, home and foreign)



107 Attachment of earnings      Destroy after 3 years
   index cards
108. Foreign summons books      Destroy after 2 years

109. Debtor and creditor cash   Destroy 3 years after completion
   books and sheets

110. Court record cards         Destroy 6 years after last entry

111. N318’s from foreign        Destroy after 3 years
   courts
112. Bills of costs record      Destroy after 3 years
   books


 *Please note that these files can be sent to outside storage after 7 years.
 For details consult the Records Management Services Handbook

 ** CASEMAN case files are not archived. All cases created in CASEMAN record
 the case number, party details and often additional information, even after the
 physical record has been destroyed. SUPS which is the replacement software to
 CASEMAN will have an archiving function.

 Please inform RMS when any new records or electronic documents or systems are
 introduced into the operations of the County Court / District Registry (High Court).

 Departmental Records Officer
 Records Management Services
 Ministry of Justice
 102 Petty France
 London
 SW1H 9AJ

								
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