§ 51-36 — Retention, reproduction, destruction, disposal and transferring of court records. Microfilm and computerized images.

Connecticut § 51-36

• Jurisdiction: Connecticut
• Title 51: Courts

Text

(a) The Chief Court Administrator may cause any and all court records, papers or documents, and any and all other records, papers or documents maintained by the Judicial Branch, required to be retained indefinitely or for a period of time defined by (1) rules of court, (2) directives promulgated by the Office of the Chief Court Administrator, or (3) statute, to be microfilmed or reproduced as a computerized image. The device used to reproduce such records, papers or documents on microfilm or as a computerized image shall be one which accurately reproduces the original thereof in detail. Such microfilm or computerized image shall be considered and treated the same as the original records, papers or documents in accordance with directives promulgated by the Office of the Chief Court Administrator. A transcript, exemplification or certified copy of such microfilm or computerized image shall for all purposes be deemed to be a transcript, exemplification or certified copy of the original. The original records, papers or documents so reproduced may be disposed of in such manner as approved by the Office of the Chief Court Administrator. For the purposes of this subsection, “microfilm” includes microcard, microfiche, microphotograph, electronic medium or any other process which actually reproduces or forms a durable medium for so reproducing the original, and “computerized image” means any electronic reproduction of the original by a computer-based imaging system or process. (b) Except as provided in subsection (c) of this section, any judge of the Superior Court may order that official records of evidence or judicial proceedings in said court, the Court of Common Pleas or the Circuit Court, including official notes and tapes of evidence or judicial proceedings concerning title to land, taken more than seven years prior to the date of such order by any stenographer or official court reporter, be destroyed by the person having the custody thereof. (c) (1) In any case in which a person has been convicted of a felony, other than a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, or murder with special circumstances under the provisions of section 53a-54b in effect on or after April 25, 2012, the official records of evidence or judicial proceedings in the court may be destroyed upon the expiration of twenty years from the date of imposition of the sentence in such case or upon the expiration of the sentence imposed upon such person, whichever is later. (2) In any case in which a person has been convicted after trial of a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, or murder with special circumstances under the provisions of section 53a-54b in effect on or after April 25, 2012, the official records of evidence or judicial proceedings in the court may be destroyed upon the expiration of seventy-five years from the date of imposition of the sentence in such case. (3) In any case in which a person has been found not guilty, or in any case that has been dismissed or was not prosecuted, the court may order the destruction or disposal of all exhibits entered in such case upon the expiration of ninety days from the date of final disposition of such case, unless a prior disposition of such exhibits has been ordered pursuant to section 54-36a . In any case in which a nolle has been entered, the court may order the destruction or disposal of all exhibits entered in such case upon the expiration of thirteen months from the date of final disposition of such case. Not less than thirty days prior to the scheduled destruction or disposal of exhibits under this subdivision, the clerk of the court shall send notice to all parties and any party may request a hearing on the issue of such destruction or disposal before the court in which the matter is pending. (4) In any case in which a person has been convicted of a misdemeanor or has been adjudicated a youthful offender, the court may order the destruction or disposal of all exhibits entered in such case upon the expiration of ten years from the date of imposition of the sentence in such case or upon the expiration of the sentence imposed on such person, whichever is later, unless a prior disposition of such exhibits has been ordered pursuant to section 54-36a . Not less than thirty days prior to the scheduled destruction or disposal of exhibits under this subdivision, the clerk of the court shall send notice to all parties and any party may request a hearing on the issue of such destruction or disposal before the court in which the matter is pending. (5) In any case in which a person is charged with multiple offenses, no destruction or disposal of exhibits may be ordered under this subsection until the longest applicable retention period under this subsection has expired. The provisions of this subdivision and subdivisions (3), (4) and (6) of this subsection shall apply to any criminal or motor vehicle case disposed of before, on or after October 1, 2006. (6) The retention period for the official records of evidence and exhibits in any habeas corpus proceeding, petition for a new trial or other proceeding arising out of a criminal case in which a person has been convicted shall be the same as the applicable retention period under this subsection for the criminal case from which such proceeding or petition arose. (7) For the purposes of this subsection, “sentence” includes any period of incarceration, parole, special parole or probation. (d) All court records other than records concerning title to land may be destroyed in accordance with rules of court. Records concerning title to land shall not be subject to any such destruction and may be retained in an electronic format, except that official notes and tapes of evidence or judicial proceedings concerning title to land may be destroyed. All court records may be transferred to any agency of this state or to any federal agency in accordance with rules of court or directives promulgated by the Office of the Chief Court Administrator, provided records in any action concerning title to land terminated by a final judgment affecting any right, title or interest in real property shall be retained for not less than forty years in the office of the clerk of the court location in which the judgment was rendered. Any other judicial branch books, records, papers or documents may be destroyed or transferred to any agency of this state or to any federal agency in accordance with directives promulgated by the Office of the Chief Court Administrator. (e) For the purposes of this section, “official records of evidence or judicial proceedings” includes (1) the court file, that contains the original documents or copies of any original documents that have been removed, (2) all exhibits from the parties, whether marked for identification or admitted as full exhibits, and (3) the transcripts of all proceedings held in the matter, including voir dire.

Legislative History

(1949 Rev., S. 7710; 1953, S. 3131d; 1959, P.A. 28, S. 84; P.A. 74-183, S. 24, 291; P.A. 76-59, S. 1; P.A. 76-436, S. 57, 681; P.A. 82-188, S. 1, 3; P.A. 84-162, S. 1; P.A. 97-40, S. 3; P.A. 02-29, S. 1; P.A. 03-202, S. 11; P.A. 05-152, S. 4; P.A. 06-152, S. 3; Sept. Sp. Sess. P.A. 09-7, S. 23; P.A. 12-5, S. 12.) History: 1959 act substituted circuit court judge for municipal court judge, latter court having been abolished; P.A. 74-183 revised provisions to clarify responsibility of superior court judges for destruction of superior court records and responsibility of common pleas court judge for destruction of common pleas court records and to grant responsibility for circuit court records to common pleas judges, the circuit courts having been abolished, (previous provision stated that superior, common pleas and circuit court judges “may order that official records of evidence or judicial proceeding in any of such courts ... be destroyed”) and added provision re destruction of records after 25 years at discretion of chief court administrator, effective December 31, 1974; P.A. 76-59 replaced provision re destruction after 25 years with provisions allowing destruction of all records other than those concerning title to land in accordance with rules of court and absolutely prohibiting destruction of records re title to land; P.A. 76-436 revised section to grant superior court judges responsibility for records of common pleas and circuit courts, reflecting merger of common pleas and superior courts, effective July 1, 1978; P.A. 82-188 added provisions re transfer of court records to state or federal agency in accordance with rules of court or directives of the judicial department and destruction or transfer of any other judicial department books, records, papers or documents; P.A. 84-162 added Subsec. (a) authorizing the microfilming of certain court records and designated previous provisions as Subsec. (b), replacing the “judicial department” with the “office of the chief court administrator” as the entity responsible for promulgating directives concerning the destruction or transfer of records and adding provision requiring records in any action concerning title to land to be retained for not less than 40 years in the court clerk's office where the judgment was rendered; P.A. 97-40 amended Subsec. (a) by making technical changes and adding “electronic medium”, divided former Subsec. (b) into Subsecs. (b) and (c) and added provisions allowing destruction of records after 7 years, including official notes and tapes of evidence or judicial proceedings concerning title to land; P.A. 02-29 amended Subsec. (a) to make a technical change, amended Subsec. (b) to add exception re Subsec. (c), added new Subsec. (c) to establish in Subdivs. (1) and (2) the retention period for records in cases in which a person has been convicted after trial of a felony and of a capital felony, respectively, redesignated former Subsec. (c) as Subsec. (d), and added new Subsec. (e) to specify items included in “official records of evidence or judicial proceedings”; P.A. 03-202 amended Subsec. (a) by making technical changes, amended Subsec. (c)(2) by replacing “twenty-five years from the death of such person” with “seventy-five years from the conviction of such person”, amended Subsec. (d) by replacing reference to “Judicial Department” with reference to “judicial branch” and amended Subsec. (e) by replacing “from which no documents have been removed” with “that contains the original documents or copies of any original documents that have been removed”, adding subdivision designators and making technical changes; P.A. 05-152 amended Subsec. (a) by deleting “other than records concerning title to land”, made technical changes in Subsec. (c) and amended Subsec. (d) by adding “and may be retained in an electronic format”; P.A. 06-152 amended Subsec. (c) by deleting “after trial” and replacing “disposition of” with “imposition of the sentence in” in Subdiv. (1), replacing “conviction of such person” with “date of imposition of the sentence in such case” in Subdiv. (2) and adding Subdivs. (3) to (7) re destruction or disposal of exhibits in various criminal and motor vehicle cases and habeas corpus proceedings; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (a) to add “any and all other records, papers or documents maintained by the Judicial Branch”, replace provision re certificate of authenticity on microfilm with “in accordance with directives promulgated by the Office of the Chief Court Administrator”, and referenced and defined “computerized image”, effective October 5, 2009; P.A. 12-5 amended Subsec. (c)(1) and (2) to replace “capital felony” with provision re capital felony under Sec. 53a-54b in effect prior to April 25, 2012, or murder with special circumstances under Sec. 53a-54b in effect on or after April 25, 2012, effective April 25, 2012. Cited. 43 C. 246.