Court Records
Supreme Court Rule 108 states that certain Local/District Court records series must be offered in writing to the Kansas Historical Society(KSHS) before destruction. This list has been devised to reduce time and effort on the parts of District Court Clerks who are required to offer records scheduled for disposal to the KSHS, the local historical societies, and the proper attorneys.
If "No+" is listed under the field entitled "Notify KSHS," written notification does not have to be made. Local societies and attorneys, however, must still be notified.
Civil Cases
|
Series Title |
108 Cite |
Retention |
Notify KSHS |
Appeal Time |
Comments |
|
Limited Action/Small Claims |
2-A-i |
10 years from filing |
No+ |
10 days |
-- |
|
Traffic* |
2-A-ii |
5 years from filing |
No+ |
10 days |
See Criminal for additional traffic |
|
Fish and Game, Watercraft |
2-A-iv |
5 years from filing |
No+ |
10 days |
-- |
|
Mechanics Liens |
2-A-v |
2 years after filing or upon maturity of attached promissory note |
No+ |
10 days |
-- |
|
Chapter 59, Article29 (Care and Treatment) |
2-A-vi |
80 years from filing |
No+ |
30 days |
-- |
|
Marriage License Applications |
2-A-vii |
1 year from filing |
No+ |
NA |
-- |
|
Chapter 59*(Probate) |
1-G-1 |
Permanent until reproduced |
N/A |
30 days |
*Does not include Care and Treatment or Wills on Deposit |
|
Chapter 60* |
1-G-2 |
Permanent until reproduced |
N/A |
30 days |
*Includes Article 16, Domestic |
|
General Index* (Civil and Probate ) |
1-G-3 |
Permanent until reproduced |
N/A |
NA |
*Kept pursuant to statute |
|
Chapter 38, Article 15 Termination of Parental Rights (Child in Need of Care) |
1-G-4 |
Permanent until reproduced |
N/A |
30 days |
-- |
|
Wills on Deposit* |
2-C |
75 years from deposit |
No+ |
NA |
*The formerly required will index shall be maintained to include the date of destruction in accordance with 1-E |
Criminal Cases*
|
Series Title |
108 Cite |
Retention |
Notify KSHS |
Appeal Time |
Comments |
|
Adult Criminal |
2-B-i |
50 years from filing |
Yes |
130 days |
-- |
|
Driving Under the Influence ( DUI's ) |
1-G-5 |
Permanent until reproduced |
No |
130 days |
-- |
|
Juvenile Offender |
2-B-i |
50 years from filing |
Yes |
10 days |
-- |
|
Felony and Misdemeanor* |
2-B-i |
50 years from filing |
Yes |
130 days 10 days |
* Includes: Reckless Driving, Driving on a Suspended License, No Driver's License, Failure to Stop at Injury Accident, Eluding a Police Officer, Open Container (and all previous cites ) and Habitual Offender. |
|
Child in Need of Care official and social files |
2-B-i |
50 years from filing |
Yes |
30 days |
-- |
|
Criminal Appeals from Muni Court |
2-B-i |
50 years from filing |
Yes |
10 days |
-- |
|
Crim. Investigation Records* |
2-B-ii |
50 years from filing |
Yes |
NA |
*Includes Pre-Sentence Investigation Reports |
|
Expungements* |
2-B-iii |
50 years from filing |
Yes |
NA |
*Maintained confidentially without reproduction |
Other Records
|
Series Title |
108 Cite |
Retention |
Notify KSHS |
Appeal Time |
Comments |
|
Records of Special or Limited Jurisdictional Courts* |
2-D |
50 years from date of filing |
Yes |
NA |
*Prior to 1977 |
|
Reporters Notes 1.Civil |
2-E |
20 years after filing or 5 years after case closed |
No+ |
NA |
-- |
|
2.Juvenile-Civil 3.Adoptions 4.Divorce |
2-E |
25 years after filing |
No+ |
NA |
-- |
|
5.Juvenile-Criminal 6.Criminal |
2-E |
50 years after filing |
No+ |
NA |
-- |
|
Depositions* |
2-F |
60 days with notification of Counsel |
No+ |
NA |
* Counsel may withdraw depositions upon giving receipt to the court. * Prior to July 1, 1987 closed cases may be disposed by written order of the admin. Judge * Shall remain sealed unless opened by judge * Once open are public |
|
Exhibits* |
2-G |
60 days after final judgement if unclaimed |
No+ |
NA |
* May be withdrawn at any time by the court on motion of the court, a party, counsel or other interested entity * Unclaimed exhibits may be retained as county property or sold at public auction |
|
Criminal, juvenile and all other case ledger reports |
2-H-2 |
50 years from filing |
No+ |
NA |
-- |
|
Bank Statements |
2-H-3 |
5 years after audited |
No |
NA |
-- |
|
Receipts, canceled checks, stubs, deposit slips |
2-H-4 |
Any time |
No |
NA |
-- |
|
Computer records not purged* |
2-H-5 |
|
No |
NA |
* Shall be preserved by computer backup |
|
Any accounting records not listed above, not reproduced |
2-H-6 |
5 years after audit |
No |
NA |
-- |
|
Any accounting records not listed above, reproduced |
2-H-6 |
Any time |
No |
NA |
-- |
|
Miscellaneous Court Records* |
2-I |
Destroyed pursuant to guidelines established by the Judicial Administrator |
Yes |
NA |
* "Under no circumstances may an adult criminal, juvenile offender, child in need of care record, or other court record document, or filing that could be used to determine a defendant's criminal history score be disposed of or destroyed before a period of fifty ( 50 ) years has elapsed from the date of filing." |
