SCR 72.01 Annotation
SCRs 72.01 (32) through (34) contain references to ch. 880, which was repealed and replaced with Wis. Stat. ch. 54. 2005 Wis. Act 387
, § 100 (effective May 25, 2006). These references are intended to clarify that subs. (32) through (34) include matters commenced before the statutory renumbering.
SCR 72.01 Note
Comment, 2012: Sup. Ct. Order No. 12-05
states that “the Comment to SCR 72.01 (46) is not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule."
SCR 72.01 Note
“Exhibits," as referenced in SCR 72.01 (45) and (46), refers to exhibits that are submitted to the court during a trial or hearing and are marked with an official exhibit sticker. Under this rule, “exhibits" does not refer to documents that are attached to pleadings or other filings submitted to the court. Documents falling into the latter category are retained pursuant to the retention rule applicable to the court record.
SCR 72.01 Annotation
Wisconsin's New Rules of Professional Conduct for Attorneys. Pierce & Dietrich. Wis. Law. Feb. 2007.
Procedure for disposal of court records. 72.02(1)(1)
A clerk of court, register in probate or other court records custodian may destroy records in his or her custody after minimum retention periods under SCR 72.01 have expired and after compliance with SCR 72.04.
Records defined as confidential by rule or statute shall be destroyed in accordance with sub. (1)
by burning, shredding or other means that will obliterate the records.
Destruction of original court record after microfilming or electronically or optically storing. 72.03(1)(1)
In this rule, “suitably microfilmed or microphotographed" means being microfilmed or microphotographed, to the extent practicable, in accordance with the minimum standards for microfilming and microphotographing as established by the American National Standards Institute.
Notwithstanding the provisions of SCR 72.01, any record of a court that has been suitably microfilmed may be destroyed in accordance with SCR 72.02 (1) or (2) 2 years after entry of final order in the action for which the record is maintained or 2 years after filing for records not specifically related to court actions.
Any record of a court that has been electronically or optically stored and preserved in accordance with SCR 72.05 may be destroyed in accordance with SCR 72.02(1) and (2) 48 hours after the record has been electronically or optically stored. A clerk of circuit court is not required to provide notice of destruction to the State Historical Society of Wisconsin when the record has been electronically or optically stored. Notice of destruction to the State Historical Society of Wisconsin is required when the electronically or optically stored record will be destroyed once the retention period under SCR 72.01 has expired.
Exhibits specified in SCR 72.01 (45) and (46) of a documentary nature that are electronically or optically stored may be destroyed after 48 hours if the exhibit submitted to the court is a copy and not the original document. If the exhibit the court has received is an original document, the exhibit may be destroyed 180 days after entry of a final order or judgment, provided that it has been offered to the proffering party, unless the time for appeal has been extended under ss. 809.107
, or 809.32
, stats. In the event of an extension, the exhibit may be destroyed 30 days after the post-termination or post-conviction deadline has expired.
SCR 72.03 History
Sup. Ct. Order Nos. 93–08 and 93–09, 176 Wis. 2d xvii (1993); Sup. Ct. Order No. 12-05
, 2012 WI 112, filed 11-1-12, eff. 1-1-13; Sup. Ct. Order No. 14-03
, 2016 WI 29, filed 4-28-16, eff. 7-1-16.
Offer of title to State Historical Society of Wisconsin.
The custodian of the court record, prior to its destruction under this chapter, shall give at least 60 days' notice of such destruction in writing to the State Historical Society of Wisconsin, which may preserve any records it determines to be of historical interest. Notice is not required for any records for which destruction has previously been approved by the State Historical Society of Wisconsin or in which the State Historical Society of Wisconsin has indicated, by blanket waiver, that it has no interest for historical purposes.
SCR 72.04 History
Sup. Ct. Order No. 12-05
, 2012 WI 112, filed 11-1-12, eff. 1-1-13.
Retention of court records maintained as official or original information on electronic or optical storage systems. 72.05(1)(a)
“Accessible" means arranged, identified, indexed and maintained in a manner that permits the location and retrieval of the information in a readable format within a reasonable time by use of the proper hardware and software.
“Accurately reproduce" means that, when displayed on a retrieval device or reproduced on paper, all information exhibits a high degree of legibility and readability.
“Authenticity" means actually and reliably what is claimed and implies the ability to substantiate what is claimed.
“Legible" means that, when displayed on a retrieval device or reproduced on paper, the quality of the letters, numbers or symbols enables the user to identify them positively and quickly to the exclusion of all other letters, numbers or symbols.
“Readable" means that the quality of a group of letters, numbers or symbols is recognized as words, complete numbers or distinct symbols.
Court records specified in SCR 72.01 and maintained as official or original information on electronic or optical storage systems shall be retained in the custody of the court for the minimum time periods specified in SCR 72.01. The system maintaining the court records shall meet all of the following requirements:
The information retained shall be in a legible and accessible format capable of accurately reproducing the original, or of sustaining readability, for the time periods specified in SCR 72.01.
Operational and technical system procedures shall protect the authenticity, confidentiality, accuracy and reliability of the information captured and provide the appropriate level of security to safeguard the integrity of the electronic or optically imaged information.
The legibility and readability of a statistically significant sampling of electronic or optically imaged records shall be verified to ensure, to a 99.5% degree of confidence, that the information or images are legible and readable. Original optical images that are not legible or readable shall be flagged and rescanned for optimum image enhancement. Illegible images shall contain the scanned notation “best possible image".
A suitable technical level of security shall be provided to protect electronic or optically imaged records that are required to be sealed, impounded or confidential and procedures shall be implemented to restrict access to only those persons authorized by statute or court order to access those records.
Suitable hardware and software shall be provided to retrieve, read and timely reproduce on paper any record retained on electronic or optical storage systems.
Procedures shall be in place and timely implemented for the backup, recovery and storage of electronically or optically stored records to protect those records against media destruction or deterioration and information loss.
For disaster recovery purposes, at least one electronically or optically stored backup copy of all automated or optically imaged records shall be maintained using accepted computer backup procedures; backup copies shall be stored in a separate location under appropriate environmental storage conditions; and a schedule to regularly update or supplement backup copies as a normal part of operations shall be implemented.
At least one set of documentation for the electronic or optical systems that produced the automated or optically imaged records shall be maintained for the retention period of those records, and documentation shall be regularly updated or supplemented when revisions are made.
Inspection of a statistically significant sampling of electronic or optically imaged records shall be conducted at least once every 3 years to verify, to a 99.5% degree of confidence, that there has been no degradation of the electronic medium or of the image quality.
A media retention and conversion review schedule shall be established to ensure that electronically or optically stored information is reviewed for data conversion or recertification at least once every 3 years or more frequently when necessary to prevent the physical loss of data or technological obsolescence of the medium.
Off-line electronic data or records stored on optical disk shall be transferred to new media or new optical disk and verified prior to the expiration of one-half of the useful life of the original media or disk as determined by the manufacturer's certified disk playback stability measured in years.
Court records electronically or optically stored, including records stored off-line and on backup media, that are expunged by court order under ss. 938.355 (4m)
, stats., shall be expunged by sealing or removing the record, obliterating the index to the record, or otherwise restricting access to the record.
Electronically or optically stored records with historical or research value beyond the retention periods specified in SCR 72.01 shall be protected from destruction or media deterioration and transferred to the State Historical Society of Wisconsin in a computer-industry-accepted standard universal format, together with technical documentation.
Records electronically or optically stored that have reached the minimum retention period specified in SCR 72.01 and that do not have historical or research value may be destroyed. For the circuit court automation program or other electronic court data systems and for write-once-read-many-times optical disk systems, records should be organized and formatted to permit the off-line disk or optical disk as a whole to be destroyed. For write-once-read-many-times disks, the destruction or sealing of the specific index reference to the obsolete record is sufficient.
A written plan shall be provided to the director of state courts for prior approval to ensure compliance with this rule before a new electronic or optical imaging system is implemented and before an existing system is enhanced. The plan shall indicate all of the following:
That a feasibility study was conducted and an analysis made of the system's cost and conversion costs compared to ongoing current costs.
That a data migration plan has been developed for the retention period of electronically or optically stored records.
If the system is an optical imaging system, that the custodian of the record has executed a statement of intent and purpose indicating all of the following:
The case type of record and years to be reproduced or transferred.
The subsection of SCR 72.01 that pertains to the type of court record being imaged.
The physical disposition of the original paper records.
If the system is a county system, the county resolution or ordinance authorizing optical imaging.
The certification of the records as received or created and transferred to optical disk format in the normal course of business.
That the statement of intent and purpose was provided to the office of the director of state courts.
SCR 72.05 History
Sup. Ct. Order Nos. 93–08 and 93–09, 176 Wis. 2d xvii (1993); Sup. Ct. Order No. 97-03
, 216 Wis. 2d xiii (1998); Sup. Ct. Order No. 12-05
, 2012 WI 112, filed 11-1-12, eff. 1-1-13.
When required by statute or court order to expunge a court record, the clerk of the court shall do all of the following:
Remove any paper index and nonfinancial court record and place them in the case file.
Electronically remove any automated nonfinancial record, except the case number.
Destroy expunged court records in accordance with the provisions of this chapter.
SCR 72.06 History
History: Sup. Ct. Order No. 97–07, 214 Wis. 2d xiii (1997).