ORS Chapter 7
Chapter 7 — Recordsand Files of Courts
2009 EDITION
RECORDSAND FILES OF COURTS
COURTSOF RECORD; COURT OFFICERS; JURIES
COURTRECORDS GENERALLY
7.010 Recordsof court; minimum record retention schedules
7.015 Consolidationof records
7.020 Register
7.070 Juryregister
7.090 Filesof court
7.095 Electronicdata processing for court records; standards for preservation and security
CUSTODYAND EXAMINATION OF RECORDS AND FILES, AND THEIR DISPOSITION, SUBSTITUTION ORRESTORATION
7.110 Custodyof records and files
7.120 Dispositionof exhibits, notes and audio records of circuit court cases
7.124 Proceduresfor destruction of documents; photographic and electronic copies
7.130 Searchand examination of records and files; certified copies
7.132 Accessto case information not otherwise open to public
7.140 Substitutionof copy of lost record
7.150 Orderof restoration when no copy available
7.160 Restorationof destroyed probate records
7.170 Whencopy of higher court record may be filed in lower court; effect when originalis lost or destroyed
RECORDSIN ADOPTION, FILIATION, PROBATE AND JUVENILE PROCEEDINGS
7.211 Separaterecords in adoption cases; accessibility of records limited
7.230 Probateand juvenile court records to be kept separate
7.240 Recordsin probate matters
USEOF RECYCLED PAPER AND PAPER PRINTED ON BOTH SIDES
7.250 Useof paper printed on both sides; use of recycled paper
COURTRECORDS GENERALLY
7.010Records of court; minimum record retention schedules. (1) The recordsof the circuit courts include a register and jury register.
(2)The record of the Supreme Court and the Court of Appeals is a register.
(3)All references in this chapter to the clerk or court administrator relate tothe office of the clerk or court administrator of the appropriate trial orappellate court.
(4)Minimum record retention schedules and standards for all records of the statecourts and the administrative offices of the state courts may be prescribed bythe State Court Administrator pursuant to ORS 8.125. The State CourtAdministrator shall ensure that the minimum record retention schedules andstandards prescribed under ORS 8.125 conform with policies and standardsestablished by the State Archivist under ORS 192.105, 357.825 and 357.835 (1)for public records valued for legal, administrative or research purposes. [Amendedby 1969 c.198 §34; 1975 c.588 §3; 1985 c.540 §1; 1989 c.768 §2; 1995 c.244 §9;2003 c.576 §174]
7.015Consolidation of records. Any of the records of the court required under ORS7.010 may be consolidated, as the court may deem appropriate, so long as theessential elements of information and the inherent purpose of those records aremaintained. [1975 c.588 §2]
7.020Register.The register is a record wherein the clerk or court administrator shall enter,by its title, every action, suit or proceeding commenced in, or transferred orappealed to, the court, according to the date of its commencement, transfer orappeal. Thereafter, the clerk or court administrator shall note therein all thefollowing:
(1)The date of any filing of any document.
(2)The date of making, filing and entry of any order, judgment, ruling or otherdirection of the court in or concerning such action, suit or proceeding.
(3)Any other information required by statute, court order or rule. [Amended by1971 c.193 §12; 1975 c.588 §4; 1985 c.540 §2; 1989 c.768 §3; 2007 c.129 §3]
7.030 [Amended by1971 c.193 §13; 1975 c.588 §5; repealed by 1985 c.540 §47]
7.040 [Amended by1975 c.588 §6; 1977 c.591 §1; 1985 c.540 §3; 1989 c.768 §4; 1993 c.763 §5;repealed by 2003 c.576 §580]
7.050 [Amended by1975 c.588 §7; 1977 c.592 §1; repealed by 1989 c.768 §11]
7.060 [Amended by1971 c.193 §14; 1975 c.588 §8; repealed by 1985 c.540 §47]
7.070Jury register.The jury register is a record wherein the clerk or court administrator shallenter the names of the persons attending upon the court at a particular term asgrand or trial jurors, the time of the attendance of each, and when dischargedor excused, and the amount of fees and mileage earned by each. [Amended by 1975c.588 §9]
7.080 [Amended by1975 c.588 §10; repealed by 1985 c.540 §47]
7.090Files of court.The files of the court are all documents filed with or by the clerk of thecourt or court administrator, in any action, suit or proceeding therein, orbefore the judge. [Amended by 1975 c.588 §11; 2007 c.129 §4]
7.095Electronic data processing for court records; standards for preservation andsecurity.(1) Where the application of electronic data processing techniques isdetermined to be feasible and expedient in maintaining records of the courts ofthis state, the Chief Justice of the Supreme Court may authorize records to bekept by use of electronic data processing equipment. Court records maintainedas provided by this section shall contain the information otherwise required bylaw for the records of courts in this state.
(2)The State Court Administrator may prescribe standards governing the use of suchtechniques, the preservation of the records so maintained, and controls toprevent unauthorized access to records maintained through the use of electronicdata processing equipment. [1971 c.499 §1; 1985 c.540 §4; 1995 c.244 §2]
CUSTODYAND EXAMINATION OF RECORDS AND FILES, AND THEIR DISPOSITION, SUBSTITUTION ORRESTORATION
7.110Custody of records and files. (1) The records and files of the courtshall be maintained by the clerk or court administrator of the respective trialor appellate court, and the clerk or court administrator is the custodian ofand responsible for those records and files. Paper records and files may not betaken out of the office, and electronic records may not be removed from anyfile or electronic database, by any person except when allowed by special orderof the court or a judge or general rule made by the court.
(2)Custody of and responsibility for records and files of the court relating to anaction, suit or proceeding may be transferred to the clerk or courtadministrator of another court, for the purposes of storage and servicing,after the expiration of 25 years after the entry of final judgment in theaction, suit or proceeding. [Amended by 1971 c.193 §15; 1975 c.588 §12; 1985c.540 §5; 2007 c.129 §5]
7.120Disposition of exhibits, notes and audio records of circuit court cases. (1) Thepresiding judge for a judicial district may authorize destruction of any courtrecord or document at any time after the expiration of the minimum retentionperiod established by the State Court Administrator under ORS 8.125. Recordsand documents that may be destroyed under this section include registers,dockets, indexes, files, citations, notes, audio records, video records,stenographic records, exhibits, jury records and fiscal and administrativedocuments.
(2)The presiding judge for a judicial district may order the return, destructionor other disposition of exhibits offered or received in any case in circuitcourt at any time after the case becomes final and not subject to furtherappeal. This subsection does not apply to exhibits in a case involving thedetermination of water rights, which exhibits shall be permanently retained. [Amendedby 1955 c.497 §1; 1975 c.481 §1; 1979 c.58 §1; 1985 c.540 §6; 1993 c.33 §274;1993 c.546 §116; 1995 c.781 §§16,16a; 1997 c.872 §13]
7.124Procedures for destruction of documents; photographic and electronic copies. (1) Pursuant toORS 8.125 (11), the State Court Administrator may establish procedures thatprovide for the destruction of records, instruments, books, papers, transcriptsand other documents filed in a circuit court after making a photographic film,microphotographic film, electronic image or other photographic or electroniccopy of each document that is destroyed.
(2)A circuit court may use procedures established under subsection (1) of thissection only if at the time of making the copy the trial court administratorfor the court attaches to the copy, attaches to the sealed container in whichthe copy is placed or incorporates into the copy:
(a)A certification that the copy is a correct copy of the original, or of aspecified part of the original;
(b)The date on which the copy was made; and
(c)A certification that the copy was made under the trial court administrator’sdirection and control.
(3)A trial court administrator using film for copies under this section mustpromptly seal and store at least one original or negative copy of the film in amanner and place that will ensure that the film will not be lost, stolen ordestroyed.
(4)A trial court administrator using electronic images for copies under proceduresestablished under subsection (1) of this section must ensure that theelectronic images are continuously updated into commonly used formats and, ifnecessary, transferred to media necessary to ensure that they are accessiblethrough commonly used electronic or computerized systems.
(5)Copies of documents created under this section must be retained in lieu of theoriginal documents for the period established by the schedule prescribed in ORS8.125 (11). [2007 c.129 §2]
Note: 7.124 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 7 or any series therein by legislative action. See Prefaceto Oregon Revised Statutes for further explanation.
7.125 [1985 c.540 §8;1995 c.781 §§17,17a; repealed by 1995 c.658 §127]
7.130Search and examination of records and files; certified copies. Wheneverrequested, the clerk or court administrator shall furnish to any person acertified copy of any portion of the records or files in the custody of theclerk or court administrator. No person other than the clerk or courtadministrator or a representative designated by the clerk or courtadministrator is entitled to make such copy, or to have the use of the recordsor files for such purpose. Whenever requested, the clerk or court administratorshall search the records and files, and give a certificate thereof according tothe nature of the inquiry. [Amended by 1971 c.193 §16; 1979 c.833 §2; 1985c.540 §9]
7.132Access to case information not otherwise open to public. Notwithstandingany other provision of law, the State Court Administrator may authorize accessto case calendars, case registers and other case information that is kept inelectronic form and that is otherwise not open to public inspection, includinginformation on cases under ORS chapters 419A, 419B, 419C, 426 and 427. Anyperson granted access to records under this section must preserve theconfidentiality of the records. The State Court Administrator shall prescribestandards and procedures for access to case information under this section forpersons who need access to the information in order to perform duties withrespect to the case. [2007 c.331 §2]
Note: 7.132 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 7 or any series therein by legislative action. See Prefaceto Oregon Revised Statutes for further explanation.
7.140Substitution of copy of lost record. If the record of any judgment or otherproceeding of any judicial court of this state, or any part of the record ofany judicial proceeding, is lost or destroyed, any party or person interestedmay, on application, by petition in writing under oath to the court and onshowing to its satisfaction that the record has been lost or destroyed withoutfault or neglect of the applicant, obtain an order from the court authorizingthe defect to be supplied by a certified copy of the original record when itcan be obtained. The certified copy shall have the same effect as the originalrecord. [Amended by 2003 c.576 §274]
7.150Order of restoration when no copy available. If the loss or destruction ofany record or part thereof as mentioned in ORS 7.140 has happened and thedefect cannot be supplied as therein provided, any party or person interestedmay make a written application to the court, to which the record belonged,verified by affidavit showing its loss or destruction and that certified copiescannot be obtained by the applicant. It shall also show the substance of therecord and that its loss or destruction occurred without the fault or neglectof the applicant. Thereupon the court shall cause the application to be enteredof record in the court, and due notice of it shall be given as in actions atlaw, that it will be heard by the court. If, upon the hearing, the court shallbe satisfied that the statements contained in the written application are true,it shall make an order reciting what was the substance and effect of the lostor destroyed record. This order shall be entered of record in the court, andhave the same effect which the original record would have had so far asconcerns the applicant and the persons who shall have been notified as hereinprovided. The record in all cases when the proceeding was in rem, and nopersonal service was had, may be supplied upon like notice as nearly as may beas in the original proceeding. The court in which the application is pendingmay in all cases in which publication is required direct, by order, to beentered of record, the form of the notice, and designate the newspaper ornewspapers in which it shall be published.
7.160Restoration of destroyed probate records. In case of the destruction ofthe records or any part thereof of any court having probate jurisdiction, thejudge of the court may proceed, upon the motion of the judge or uponapplication in writing of any party in interest, to restore the records, papersand proceedings of the court relating to the estate of a deceased person,including recorded wills and wills probated or filed for probate in the court.For this purpose the judge may cause citations to be issued to any partiesdesignated by the judge, and the judge may compel the attendance in court ofwitnesses whose testimony may be necessary to the establishment of the recordor part thereof. The judge may also compel the production of written ordocumentary evidence which the judge deems necessary in determining the trueimport and effect of the original record, will, paper or other document belongingto the files of the court. The judge may also make orders and judgmentsestablishing the original record, will, paper, document or proceeding, or itssubstance, as to the judge shall seem just and proper. The judge may make allrules and regulations governing the proceedings for the restoration as in thejudgment of the judge will best secure the rights and protect the interest ofall parties concerned. [Amended by 2003 c.576 §275]
7.170When copy of higher court record may be filed in lower court; effect when originalis lost or destroyed.In case of the loss or destruction of the original record of any cause removedto the Supreme Court or to the Court of Appeals, a certified copy of the recordof the cause remaining in the Supreme Court or the Court of Appeals may befiled in the court from which the cause was removed, on motion of anyinterested party or person. The copy filed shall have the same effect as theoriginal record would have had if it had not been lost or destroyed. [Amendedby 1969 c.198 §35]
7.210 [Repealed by1957 c.412 §1]
RECORDSIN ADOPTION, FILIATION, PROBATE AND JUVENILE PROCEEDINGS
7.211Separate records in adoption cases; accessibility of records limited. (1) The clerkor court administrator of any court having jurisdiction over adoption casesshall keep separate records in all cases of adoption filed in such court. Therecords shall not be subject to the inspection of any person, except upon orderof the court. Adoption proceedings shall not be entered upon the general recordsof the court, nor shall the clerk or court administrator disclose to anyperson, without the court order, any information appearing in the adoptionrecords. The clerk, court administrator or any other person having custody ofany records or files in such cases shall not disclose them to any personwithout the court order. Nothing contained in this section shall prevent theclerk or court administrator from certifying copies of a judgment of adoptionto the petitioners in such proceeding or their attorney. At the time of theentry of any judgment of adoption, the clerk, court administrator or otherperson having custody of the records or files in such cases shall cause allrecords, papers and files relating to the adoption to be sealed in the recordof the case and such sealed records, papers and files shall not be unsealed,opened or subject to the inspection of any person except upon order of a courtof competent jurisdiction.
(2)The provisions of subsection (1) of this section do not apply to the disclosureof information under ORS 109.425 to 109.507. [1957 c.412 §3 (enacted in lieu of109.340); 1975 c.588 §14; 1979 c.58 §5; 1983 c.672 §17; 1985 c.540 §10; 1995c.79 §4; 1995 c.730 §6; 1997 c.873 §25; 1999 c.859 §25; 2003 c.576 §276]
7.215 [1969 c.619 §8;1975 c.588 §15; 1979 c.58 §6; 1985 c.540 §11; repealed by 1993 c.138 §1]
7.220 [Amended by1965 c.510 §9; 1975 c.588 §16; repealed by 1981 c.215 §8]
7.225 [Amended by1965 c.510 §10; repealed by 1981 c.215 §8]
7.230Probate and juvenile court records to be kept separate. Insofar as maybe practicable and convenient the records and proceedings pertaining to probateand juvenile matters shall be kept separate from the other records andproceedings of the circuit courts. [Amended by 1969 c.591 §267]
7.240Records in probate matters. The proceedings in probate matters shall be enteredand recorded by the clerk or court administrator in the following records:
(1)A register, in which shall be entered a memorandum of all official businesstransacted by the court or judge thereof pertaining to the estate of eachdecedent, under the name of the decedent, and that pertaining to eachprotective proceeding under ORS chapter 125, under the name of the protectedperson.
(2)A probate index, in which shall be kept an index of all the entries in theregister under the names of the persons to whose estate, person or business theentries relate, which names shall be arranged chronologically in alphabeticalorder. [Amended by 1973 c.823 §84; 1975 c.588 §17; 1985 c.540 §12; 1995 c.664 §68]
USEOF RECYCLED PAPER AND PAPER PRINTED ON BOTH SIDES
7.250Use of paper printed on both sides; use of recycled paper. (1) The StateCourt Administrator and the courts of this state shall encourage persons whomake paper filings in the courts, including all pleadings, motions, copies andother documents, to use paper that has been printed on both sides of eachsheet. The courts of this state may not decline to accept any paper filingbecause the filing is printed on both sides of each sheet of paper.
(2)All paper filings in the courts of this state, including all pleadings,motions, copies and other documents, shall be printed on recycled paper ifrecycled paper is readily available at a reasonable price. The State Court Administratorand the courts of this state shall encourage persons who make paper filings inthe courts to use recycled paper that has the highest available content ofpost-consumer waste, as defined in ORS 279A.010, and that is recyclable inoffice paper recycling programs in the community in which the filing is made. Acourt of this state may not decline to accept any paper filing because thepaper does not comply with the requirements of this subsection. [1997 c.762 §2;2003 c.794 §193; 2007 c.129 §6]
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