483.680. Records of municipal courts transferred, when, how.
Records of municipal courts transferred, when, how.
483.680. 1. All records belonging to a municipal court onJanuary 1, 1979, shall on January 2, 1979, become records of thecircuit court in which such municipality or major geographicalarea thereof shall be located. Physical custody of such recordsshall not, however, be transferred to the circuit clerk or to adivision clerk of the circuit court except as hereinafterprovided, but rather physical custody of such records shall bemaintained by the municipality. Physical custody of such recordsshall be transferred to the circuit court in the followingsituations:
(1) When a municipality makes provision for a municipaljudge of the circuit court to serve such municipality beginningon January 2, 1979, the records in cases which are pending onJanuary 1, 1979, shall be placed in the custody of the municipalclerk serving the municipal judge;
(2) When a municipality does not make provision for amunicipal judge of the circuit court to serve such municipalitybeginning on January 2, 1979, the records in cases which arepending on January 1, 1979, shall be placed in the custody of thecircuit clerk or the division clerk serving the associate circuitjudge to whom such cases are assigned;
(3) When the records of a case or cases are orderedtransferred pursuant to local circuit court rule.
2. If physical custody of such records which belonged to amunicipal court on January 1, 1979, is not transferred or orderedto be transferred as provided in subdivision (1), (2) or (3) ofsubsection 1 of this section by January 1, 1982, such recordsshall cease to be records of the circuit court, shall beconsidered thereafter as records of the particular municipality,and may or may not be disposed of as determined by themunicipality.
3. If physical custody of such records is transferred asprovided in subdivision (1), (2) or (3) of subsection 1 of thissection, the clerk having custody of such records is authorizedto issue certified copies of such municipal court records as wellas copies of later municipal ordinance violation cases in hispossession, and all courts of this state shall recognize suchcertified copies as if made by a clerk of the original court.
(L. 1978 H.B. 1634)Effective 1-2-79