§ 1005. Disposal or destruction of court records--Storage on microfilm, optical disk or other m...
Oklahoma Statutes AnnotatedTitle 20. CourtsEffective: November 1, 2021
Effective: November 1, 2021
20 Okl.St.Ann. § 1005
§ 1005. Disposal or destruction of court records--Storage on microfilm, optical disk or other medium
A. Unless there is an objection by the presiding administrative judge or the chief judge of the district court, the court clerk is authorized to dispose of the judicial records enumerated in this subsection. Nothing shall prohibit the presiding administrative judge or the chief judge of the district court from entering an order for the destruction of records prior to the time limits enumerated in this subsection for good cause shown. In the record destruction process, any officer may rely upon computerized lists or other electronic data provided by the Administrative Office of the Courts or its OCIS/OSCN system. For purposes of determining the time periods in this chapter, the officer may disregard entries or actions taken in the subject cases, such as accounting, internal electronic data or other nonjudicial entries. The judicial records subject to disposal or destruction shall be:
1. Domestic relations cases. This shall include, but not be limited to, cases filed concerning divorce, separate maintenance, annulment, reciprocal actions for enforcement of support, child custody, domestic abuse, foreign judgments in domestic relations cases, income assignments relating to an order of support, paternity, appeal on administrative order relating to support or paternity, habeas corpus relating to children, and other domestic-related filings:
B. The judicial records and the appearance docket books or sheets on which they are entered, prior to their disposal or destruction, shall be stored on at least two microfilm records, optical discs or other appropriate medium and shall be available for public use in the court clerk's office. The cost of the storage medium and equipment for viewing and copying shall be paid out of the court fund, upon approval by the Chief Justice of the Supreme Court or the Court Clerk's Records Management and Preservation Fund created pursuant to Section 31.3 of Title 28 of the Oklahoma Statutes. Records reproduced from microfilm, optical disc, and other media produced pursuant to the provisions of this section shall be received in evidence and have the same legal efficacy as the original.
C. Traffic cases. The court clerk of each district court shall destroy the judicial records of traffic cases and the appearance docket books or sheets on which they are entered after a five-year period has elapsed since any pleading has been filed or any action taken in the case, except in the case of a conviction for driving under the influence of intoxicating liquor or any narcotic drug, which records shall be destroyed after a ten-year period has elapsed since any pleading has been filed or any action taken in the case.
Laws 1970, c. 210, § 1, eff. Jan. 1, 1971; Laws 1972, c. 66, § 1, emerg. eff. March 28, 1972; Laws 1978, c. 23, § 1, eff. Oct. 1, 1978; Laws 1980, c. 61, § 1, emerg. eff. April 7, 1980; Laws 1984, c. 20, § 1, eff. Nov. 1, 1984; Laws 1985, c. 154, § 1, emerg. eff. June 11, 1985; Laws 1993, c. 87, § 1, eff. Sept. 1, 1993; Laws 1995, c. 197, § 2, emerg. eff. May 19, 1995; Laws 1997, c. 400, § 4, eff. July 1, 1997; Laws 2002, c. 390, § 1, emerg. eff. June 4, 2002; Laws 2003, c. 153, § 2, eff. Nov. 1, 2003; Laws 2005, c. 34, § 1, eff. Nov. 1, 2005; Laws 2021, c. 294, § 1, eff. Nov. 1, 2021.
20 Okl. St. Ann. § 1005, OK ST T. 20 § 1005
Current with emergency effective legislation through Chapter 275 of the Second Regular Session of the 58th Legislature (2022). Some sections may be more current, see credits for details.
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