2007 Oregon Code - Chapter 7 :: Chapter 7 - Records and Files of Courts
Chapter 7 — Records
and Files of Courts
2007 EDITION
RECORDS AND FILES OF COURTS
COURTS OF RECORD; COURT OFFICERS; JURIES
COURT RECORDS GENERALLY
7.010Â Â Â Â Â Â Â Â Records
of court; minimum record retention schedules
7.015Â Â Â Â Â Â Â Â Consolidation
of records
7.020Â Â Â Â Â Â Â Â Register
7.070Â Â Â Â Â Â Â Â Jury
register
7.090Â Â Â Â Â Â Â Â Files
of court
7.095Â Â Â Â Â Â Â Â Electronic
data processing for court records; standards for preservation and security
CUSTODY AND EXAMINATION OF RECORDS AND FILES, AND THEIR DISPOSITION,
SUBSTITUTION OR RESTORATION
7.110Â Â Â Â Â Â Â Â Custody
of records and files
7.120Â Â Â Â Â Â Â Â Disposition
of exhibits, notes and audio records of circuit court cases
7.124Â Â Â Â Â Â Â Â Procedures
for destruction of documents; photographic and electronic copies
7.130Â Â Â Â Â Â Â Â Search
and examination of records and files; certified copies
7.132Â Â Â Â Â Â Â Â Access
to case information not otherwise open to public
7.140Â Â Â Â Â Â Â Â Substitution
of copy of lost record
7.150Â Â Â Â Â Â Â Â Order
of restoration when no copy available
7.160Â Â Â Â Â Â Â Â Restoration
of destroyed probate records
7.170Â Â Â Â Â Â Â Â When
copy of higher court record may be filed in lower court; effect when original
is lost or destroyed
RECORDS IN ADOPTION, FILIATION, PROBATE AND
JUVENILE PROCEEDINGS
7.211Â Â Â Â Â Â Â Â Separate
records in adoption cases; accessibility of records limited
7.230Â Â Â Â Â Â Â Â Probate
and juvenile court records to be kept separate
7.240Â Â Â Â Â Â Â Â Records
in probate matters
USE OF RECYCLED PAPER AND PAPER PRINTED ON
BOTH SIDES
7.250Â Â Â Â Â Â Â Â Use
of paper printed on both sides; use of recycled paper
COURT RECORDS GENERALLY
     7.010
Records of court; minimum record retention schedules. (1) The records of 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 to the office of the clerk or court administrator
of the appropriate trial or appellate court.
     (4) Minimum record retention schedules and
standards for all records of the state courts and the administrative offices of
the state courts may be prescribed by the State Court Administrator pursuant to
ORS 8.125. The State Court Administrator shall ensure that the minimum record
retention schedules and standards prescribed under ORS 8.125 conform with
policies and standards established by the State Archivist under ORS 192.105,
357.825 and 357.835 (1) for public records valued for legal, administrative or
research purposes. [Amended by 1969 c.198 §34; 1975 c.588 §3; 1985 c.540 §1;
1989 c.768 §2; 1995 c.244 §9; 2003 c.576 §174]
     7.015
Consolidation of records.
Any of the records of the court required under ORS 7.010 may be consolidated,
as the court may deem appropriate, so long as the essential elements of
information and the inherent purpose of those records are maintained. [1975
c.588 §2]
     7.020
Register. 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 or appealed to,
the court, according to the date of its commencement, transfer or appeal.
Thereafter, the clerk or court administrator shall note therein all the
following:
     (1) The date of any filing of any
document.
     (2) The date of making, filing and entry
of any order, judgment, ruling or other direction of the court in or concerning
such action, suit or proceeding.
     (3) Any other information required by
statute, court order or rule. [Amended by 1971 c.193 §12; 1975 c.588 §4; 1985
c.540 §2; 1989 c.768 §3; 2007 c.129 §3]
     7.030 [Amended by 1971 c.193 §13; 1975 c.588 §5;
repealed by 1985 c.540 §47]
     7.040 [Amended by 1975 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 by 1975 c.588 §7; 1977 c.592 §1;
repealed by 1989 c.768 §11]
     7.060 [Amended by 1971 c.193 §14; 1975 c.588 §8;
repealed by 1985 c.540 §47]
     7.070
Jury register. The jury
register is a record wherein the clerk or court administrator shall enter the
names of the persons attending upon the court at a particular term as grand or
trial jurors, the time of the attendance of each, and when discharged or
excused, and the amount of fees and mileage earned by each. [Amended by 1975
c.588 §9]
     7.080 [Amended by 1975 c.588 §10; repealed by 1985
c.540 §47]
     7.090
Files of court. The files of
the court are all documents filed with or by the clerk of the court or court
administrator, in any action, suit or proceeding therein, or before the judge. [Amended
by 1975 c.588 §11; 2007 c.129 §4]
     7.095
Electronic data processing for court records; standards for preservation and
security. (1) Where the
application of electronic data processing techniques is determined to be
feasible and expedient in maintaining records of the courts of this state, the
Chief Justice of the Supreme Court may authorize records to be kept by use of
electronic data processing equipment. Court records maintained as provided by
this section shall contain the information otherwise required by law for the
records of courts in this state.
     (2) The State Court Administrator may
prescribe standards governing the use of such techniques, the preservation of
the records so maintained, and controls to prevent unauthorized access to
records maintained through the use of electronic data processing equipment. [1971
c.499 §1; 1985 c.540 §4; 1995 c.244 §2]
CUSTODY AND
EXAMINATION OF RECORDS AND FILES, AND THEIR DISPOSITION, SUBSTITUTION OR
RESTORATION
     7.110
Custody of records and files.
(1) The records and files of the court shall be maintained by the clerk or
court administrator of the respective trial or appellate court, and the clerk
or court administrator is the custodian of and responsible for those records
and files. Paper records and files may not be taken out of the office, and
electronic records may not be removed from any file or electronic database, by
any person except when allowed by special order of 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 an action, suit or proceeding may be
transferred to the clerk or court administrator of another court, for the
purposes of storage and servicing, after the expiration of 25 years after the
entry of final judgment in the action, suit or proceeding. [Amended by 1971
c.193 §15; 1975 c.588 §12; 1985 c.540 §5; 2007 c.129 §5]
     7.120
Disposition of exhibits, notes and audio records of circuit court cases. (1) The presiding judge for a judicial
district may authorize destruction of any court record or document at any time
after the expiration of the minimum retention period established by the State
Court Administrator under ORS 8.125. Records and 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 administrative documents.
     (2) The presiding judge for a judicial
district may order the return, destruction or other disposition of exhibits
offered or received in any case in circuit court at any time after the case
becomes final and not subject to further appeal. This subsection does not apply
to exhibits in a case involving the determination of water rights, which
exhibits shall be permanently retained. [Amended by 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]
     7.124
Procedures for destruction of documents; photographic and electronic copies. (1) Pursuant to ORS 8.125 (11), the State
Court Administrator may establish procedures that provide for the destruction
of records, instruments, books, papers, transcripts and other documents filed
in a circuit court after making a photographic film, microphotographic film,
electronic image or other photographic or electronic copy of each document that
is destroyed.
     (2) A circuit court may use procedures
established under subsection (1) of this section only if at the time of making
the copy the trial court administrator for the court attaches to the copy,
attaches to the sealed container in which the copy is placed or incorporates
into the copy:
     (a) A certification that the copy is a
correct copy of the original, or of a specified 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 administratorÂ’s direction and control.
     (3) A trial court administrator using film
for copies under this section must promptly seal and store at least one
original or negative copy of the film in a manner and place that will ensure
that the film will not be lost, stolen or destroyed.
     (4) A trial court administrator using electronic
images for copies under procedures established under subsection (1) of this
section must ensure that the electronic images are continuously updated into
commonly used formats and, if necessary, transferred to media necessary to
ensure that they are accessible through commonly used electronic or
computerized systems.
     (5) Copies of documents created under this
section must be retained in lieu of the original documents for the period
established by the schedule prescribed in ORS 8.125 (11). [2007 c.129 §2]
     Note: 7.124 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 7 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     7.125 [1985 c.540 §8; 1995 c.781 §§17,17a;
repealed by 1995 c.658 §127]
     7.130
Search and examination of records and files; certified copies. Whenever requested, the clerk or court
administrator shall furnish to any person a certified copy of any portion of
the records or files in the custody of the clerk or court administrator. No
person other than the clerk or court administrator or a representative
designated by the clerk or court administrator is entitled to make such copy,
or to have the use of the records or files for such purpose. Whenever
requested, the clerk or court administrator shall search the records and files,
and give a certificate thereof according to the nature of the inquiry. [Amended
by 1971 c.193 §16; 1979 c.833 §2; 1985 c.540 §9]
     7.132
Access to case information not otherwise open to public. Notwithstanding any other provision of law,
the State Court Administrator may authorize access to case calendars, case
registers and other case information that is kept in electronic form and that
is otherwise not open to public inspection, including information on cases
under ORS chapters 419A, 419B, 419C, 426 and 427. Any person granted access to
records under this section must preserve the confidentiality of the records.
The State Court Administrator shall prescribe standards and procedures for
access to case information under this section for persons who need access to
the information in order to perform duties with respect to the case. [2007
c.331 §2]
     Note: 7.132 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 7 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     7.140
Substitution of copy of lost record. If the record of any judgment or other proceeding of any judicial
court of this state, or any part of the record of any judicial proceeding, is
lost or destroyed, any party or person interested may, on application, by
petition in writing under oath to the court and on showing to its satisfaction
that the record has been lost or destroyed without fault or neglect of the
applicant, obtain an order from the court authorizing the defect to be supplied
by a certified copy of the original record when it can be obtained. The
certified copy shall have the same effect as the original record. [Amended by
2003 c.576 §274]
     7.150
Order of restoration when no copy available. If the loss or destruction of any record or part thereof as mentioned
in ORS 7.140 has happened and the defect cannot be supplied as therein provided,
any party or person interested may make a written application to the court, to
which the record belonged, verified by affidavit showing its loss or
destruction and that certified copies cannot be obtained by the applicant. It
shall also show the substance of the record and that its loss or destruction
occurred without the fault or neglect of the applicant. Thereupon the court
shall cause the application to be entered of record in the court, and due
notice of it shall be given as in actions at law, that it will be heard by the
court. If, upon the hearing, the court shall be 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 lost or destroyed record. This order
shall be entered of record in the court, and have the same effect which the
original record would have had so far as concerns the applicant and the persons
who shall have been notified as herein provided. The record in all cases when
the proceeding was in rem, and no personal service was had, may be supplied
upon like notice as nearly as may be as in the original proceeding. The court
in which the application is pending may in all cases in which publication is
required direct, by order, to be entered of record, the form of the notice, and
designate the newspaper or newspapers in which it shall be published.
     7.160
Restoration of destroyed probate records. In case of the destruction of the records or any part thereof of any
court having probate jurisdiction, the judge of the court may proceed, upon the
motion of the judge or upon application in writing of any party in interest, to
restore the records, papers and 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 parties designated by the judge, and the judge may compel the
attendance in court of witnesses whose testimony may be necessary to the
establishment of the record or part thereof. The judge may also compel the
production of written or documentary evidence which the judge deems necessary
in determining the true import and effect of the original record, will, paper
or other document belonging to the files of the court. The judge may also make
orders and judgments establishing the original record, will, paper, document or
proceeding, or its substance, as to the judge shall seem just and proper. The
judge may make all rules and regulations governing the proceedings for the
restoration as in the judgment of the judge will best secure the rights and
protect the interest of all parties concerned. [Amended by 2003 c.576 §275]
     7.170
When copy of higher court record may be filed in lower court; effect when original
is lost or destroyed. In
case of the loss or destruction of the original record of any cause removed to
the Supreme Court or to the Court of Appeals, a certified copy of the record of
the cause remaining in the Supreme Court or the Court of Appeals may be filed
in the court from which the cause was removed, on motion of any interested
party or person. The copy filed shall have the same effect as the original
record would have had if it had not been lost or destroyed. [Amended by 1969
c.198 §35]
     7.210 [Repealed by 1957 c.412 §1]
RECORDS IN
ADOPTION, FILIATION, PROBATE AND JUVENILE PROCEEDINGS
     7.211
Separate records in adoption cases; accessibility of records limited. (1) The clerk or court administrator of any
court having jurisdiction over adoption cases shall keep separate records in
all cases of adoption filed in such court. The records shall not be subject to
the inspection of any person, except upon order of the court. Adoption
proceedings shall not be entered upon the general records of the court, nor
shall the clerk or court administrator disclose to any person, without the
court order, any information appearing in the adoption records. The clerk,
court administrator or any other person having custody of any records or files
in such cases shall not disclose them to any person without the court order.
Nothing contained in this section shall prevent the clerk or court
administrator from certifying copies of a judgment of adoption to the
petitioners in such proceeding or their attorney. At the time of the entry of
any judgment of adoption, the clerk, court administrator or other person having
custody of the records or files in such cases shall cause all records, papers
and files relating to the adoption to be sealed in the record of 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 court of competent
jurisdiction.
     (2) The provisions of subsection (1) of
this section do not apply to the disclosure of information under ORS 109.425 to
109.507. [1957 c.412 §3 (enacted in lieu of 109.340); 1975 c.588 §14; 1979 c.58
§5; 1983 c.672 §17; 1985 c.540 §10; 1995 c.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 by 1965 c.510 §9; 1975 c.588 §16;
repealed by 1981 c.215 §8]
     7.225 [Amended by 1965 c.510 §10; repealed by 1981
c.215 §8]
     7.230
Probate and juvenile court records to be kept separate. Insofar as may be practicable and convenient
the records and proceedings pertaining to probate and juvenile matters shall be
kept separate from the other records and proceedings of the circuit courts. [Amended
by 1969 c.591 §267]
     7.240
Records in probate matters.
The proceedings in probate matters shall be entered and recorded by the clerk
or court administrator in the following records:
     (1) A register, in which shall be entered
a memorandum of all official business transacted by the court or judge thereof
pertaining to the estate of each decedent, under the name of the decedent, and
that pertaining to each protective proceeding under ORS chapter 125, under the
name of the protected person.
     (2) A probate index, in which shall be
kept an index of all the entries in the register under the names of the persons
to whose estate, person or business the entries relate, which names shall be
arranged chronologically in alphabetical order. [Amended by 1973 c.823 §84;
1975 c.588 §17; 1985 c.540 §12; 1995 c.664 §68]
USE OF
RECYCLED PAPER AND PAPER PRINTED ON BOTH SIDES
     7.250
Use of paper printed on both sides; use of recycled paper. (1) The State Court Administrator and the
courts of this state shall encourage persons who make paper filings in the
courts, including all pleadings, motions, copies and other documents, to use
paper that has been printed on both sides of each sheet. The courts of this
state may not decline to accept any paper filing because 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 if recycled paper is readily available at a
reasonable price. The State Court Administrator and the courts of this state
shall encourage persons who make paper filings in the courts to use recycled
paper that has the highest available content of post-consumer waste, as defined
in ORS 279A.010, and that is recyclable in office paper recycling programs in
the community in which the filing is made. A court of this state may not
decline to accept any paper filing because the paper 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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