Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 209 - PENNSYLVANIA APPELLATE COURTS RECORDS RETENTION SCHEDULE › Appendix A - Procedure for the Destruction or Transfer of Appellate Court Records

Current through Register Vol. 54, No. 28, July 13, 2024
Section I-Appellate Courts
							 (General)
Series
Description
Retention
Archival Review
1.
Appellate Case files
These files include appeals commenced by notice of
							 appeal, petition for review, petition for allowance of appeal, petition for
							 permission to appeal nunc pro tunc, and petition for permission to appeal an
							 interlocutory order. Contained in these files are all pleadings and papers
							 filed ancillary to the appeal.
Retain for one (1) year after final
							 disposition.
2.
Appellate Briefs
Includes briefs filed by appellants, appellees and
							 amicus curiae. All three appellate courts send copies of each brief filed in an
							 appellate matter to the State Library and Jenkins Memorial Law Library in
							 Philadelphia. The Supreme Court also sends copies to those entities listed in
							 Pa.R.A.P. 3191. Should this procedure change, the State Archives must be
							 notified.
Retain until filing of decision.
3.
Memorandum Opinions
All unpublished nonprecedential memorandum decisions
							 or unreported memorandum opinions of the Superior or the Commonwealth
							 Court.
Retain Permanently.
*
4.
Original Jurisdiction
These files include papers filed in civil matters
							 both at law and equity including but not limited to affidavits, agreements,
							 answers, assignments, awards, bills, bonds, certificates, complaints, decrees,
							 executions, exemplifications, memoranda, notes, notices, opinions, orders,
							 petitions, petitions for review, powers of attorney, praecipes, reports,
							 returns of service, rules, subpoenas, stipulations, transfers, waivers, writs
							 of summons, petitions to enforce, and petitions for access to confidential
							 information.
1. All matters involving title to real estate shall
							 retained permanently.
2. Equity, declaratory judgment, mandamus. Retain
							 for two (2) years after final disposition.
3. Matters marked withdrawn or discontinued. Retain
							 for one (1) year after disposition.
4. Matters dismissed for failure to prosecute.
							 Retain for one (1) year after disposition.
5. Matters filed pursuant to the Election Code.
							 Retain for one (1) year after disposition.
6. Liquidation and Rehabilitation matters under the
							 Insurance Department Act. Retain for two (2) years after final discharge of the
							 Insurance Commissioner as rehabilitator or liquidator.
* Petitions for liquidation and/or rehabilitation
							 and petitions for final discharge to be reviewed for historical
							 value.
Section II-Supreme Court of
							 Pennsylvania
Series
Description
Retention
Archival Review
1.
Allocatur Dockets Prior to 1980 After
							 1981
Case information and Record of Contents of case
							 files in which allowance of appeal has been sought pursuant to Pa.R.A.P. 1111
							 et seq.
Retain Permanently.
*
2.
Appeal Docket
Case information and Record of Contents of case
							 files of direct appeals and granted petitions for allowance of
							 appeal.
Retain Permanently.
3.
Miscellaneous Docket
Case information and Record of Contents of case
							 files other than appeals and petitions for allowance of appeal (N. B. During
							 1980 and 1981 petitions for allowance of appeal were included on this docket)
							 and some administrative orders.
Retain Permanently.
*
4.
Disciplinary Docket
Case information and Record of Contents of attorney
							 discipline files, record of orders promulgating or changing rules pertaining to
							 attorney conduct, and record of appointments to the Client Security Fund
							 Board.
Retain Permanently.
*
5.
Disciplinary Board Appointment Docket (Bd.
							 Of Governance)
Record of Appointment Orders.
Retain Permanently.
*
6.
Judicial Inquiry and Review Board (J.I.R.B.)
							 Docket
Case information and Record of Contents of files
							 pertaining to the discipline of members of the judiciary, and record of orders
							 appointing members to the Judicial Inquiry and Review Board.
Retain Permanently.
*
7.
Criminal Procedural Rules
							 Docket
Record of orders promulgating or changing Rules of
							 Criminal Procedure, and orders appointing members to the Criminal Procedural
							 Rules Committee.
Retain Permanently.
*
8.
Civil Procedural Rules
							 Docket
Record of orders promulgating or changing Rules of
							 Civil Procedure, and orders appointing members to the Civil Procedural Rules
							 Committee.
Retain Permanently.
*
9.
Appellate Rules Docket
Record of orders promulgating or changing Rules of
							 Appellate Procedure, and orders appointing members to the Advisory Committee on
							 Appellate Court Rules or Appellate Court Rules Committee.
Retain Permanently.
*
10.
Judicial Administration
							 Docket
Record of orders issued on subjects involving
							 judicial administration throughout the Commonwealth, and orders promulgating or
							 changing Rules of Judicial Administration.
Retain Permanently.
*
11.
Supreme Court Docket
Record of orders promulgating or changing (former)
							 Supreme Court rules, and Bar Admission Rules, and orders appointing members to
							 the Pa. Commission on Sentencing, and to the Pa. Board of Law
							 Examiners.
Retain Permanently.
*
12.
Court Administrator
							 Docket
Record of orders dealing with the State Court
							 Administrator's Office, and orders appointing members to the Judicial Auditing
							 Agency.
Retain Permanently.
*
13.
Magisterial
							 Docket-Rules
Record of orders promulgating or changing rules of
							 civil procedure in the minor courts and rules of conduct for magisterial
							 district judges, district justices and magistrates; and orders appointing
							 members to the Minor Court Civil Procedural Rules Committee or Minor Court
							 Rules Committee.
Retain Permanently.
*
-Magisterial Districts
Record of petitions and orders dealing with
							 apportioning and reapportioning magisterial districts.
Retain Permanently.
*
14.
Judicial Classification
							 Docket
Record of petitions and orders assigning
							 commissioned judges to divisions of the Court of Common Pleas in their judicial
							 district.
Retain Permanently.
15.
Judicial Assignment
							 Index
Alphabetical index to orders assigning senior judges
							 to judicial duties and assigning commissioned judges to sit in different
							 judicial districts.
Retain Permanently.
16.
Special Masters Docket
Record of petitions and orders for the appointment
							 of special masters.
Retain Permanently.
*
17.
Roll of Attorneys
List of the names of attorneys admitted to practice
							 law in the Commonwealth, with date of admission and names of
							 sponsors.
Retain Permanently.
*
18.
Legal Interns Docket
Record of requests and approval for law students to
							 engage in the limited and supervised practice of law.
Retain Permanently.
*
19.
Juvenile Masters Docket
Record of motions and approvals of attorneys
							 authorized to act as masters under the Juvenile Act in Courts of Common
							 Pleas.
Retain Permanently.
20.
Miscellaneous Files
These files include all initial filings which are
							 not petitions for allowance of appeal or direct appeal items, and the
							 subsequent filings and correspondence ancillary thereto. Historically some
							 administrative matters were included in these files. Disciplinary matters shall
							 be retained as prescribed in Section II: Item 20, disciplinary rules shall be
							 retained as prescribed in Section II: Item 23, and Disciplinary Board
							 Appointment order shall be retained as prescribed in Section II: Item 22. Other
							 administrative matters shall be retained as prescribed elsewhere in the
							 schedule.
Retain for two (2) years after final
							 disposition.
21.
Disciplinary Files-Court
							 Files
These files include the pleadings filed with the
							 Supreme Court, and the Court's orders in cases involving attorney
							 discipline.
Retain for one hundred (100) years after initial
							 filing.
*
-
Board Records
These papers are the actual records of disciplinary
							 proceeding received from the Disciplinary Board and are analogous to a lower
							 court record. They are not returned to the Board at the close of the
							 case.
Retain for one hundred (100) years after initial
							 filing.
*
-
Transfers to Inactive Status
							 (D.D.171)
These files include the voluntary requests from
							 attorneys to be transferred to inactive status, and the Court's order in
							 response thereto.
Retain for one hundred (100) years after initial
							 filing.
*
-
Transfers Under Rule 219
							 (D.D.318)
This file contains the list received from the
							 Disciplinary Board of those attorneys who have failed to comply with
							 registration requirements and related court orders .
Retain for one hundred (100) years after initial
							 filing.
*
22.
Disciplinary Board Appointment
							 Orders
These files contain the orders of the Court
							 appointing members to the Disciplinary Board (previously known as Board of
							 Governance) and the associated correspondence.
Retain for ten (10) years.
23.
Disciplinary Rules
							 Files
These files contain the orders of the Court
							 promulgating or changing rules pertaining to attorney discipline and conduct,
							 and the associated correspondence.
Retain for seventy-five (75) years.
24.
J.I.R.B. Files-Court
							 Files
These files contain the papers filed with the
							 Supreme Court by the J.I.R.B. and by the respondent in cases involving
							 allegations of misconduct by members of the judiciary, with the associated
							 orders and correspondence.
Retain for seventy-five (75) years.
-
Board Records
These papers are the actual records of the
							 proceedings before the J.I.R.B., and are analogous to a lower court record.
							 They are not returned at the close of the case.
Retain for seventy-five (75) years.
25.
Attorney Applications for
							 Admission
These papers include the certifications from the pa.
							 Board of Law Examiners and the applications and motions for admission for
							 individuals seeking admission to the bar.
Retain for one hundred (100) years.
26.
Name Change Records
These papers include the correspondence with the pa.
							 Board of Law Examiners and the district offices of the Supreme Court recording
							 the change of name of any attorney admitted to practice law within the
							 Commonwealth.
Retain for one hundred (100) years.
27.
Certificate of Good Standing
							 Correspondence
These papers include requests from attorneys for the
							 issuance of Certificates of Good Standing and associated
							 correspondence.
Retain for two (2) years.
28.
Legal Intern
							 Applications
These papers include the recommendation for
							 individual law students to engage in the limited and supervised practice of
							 law, pursuant to Pa.B.A.R. 321, and letters approving such
							 practice.
Retain for five (5) years.
29.
Civil Rules Files
These files contain the orders of the Court
							 promulgating or changing Rules of Civil Procedure and orders appointing members
							 of the Civil Procedural Rules Committee with the associated
							 correspondence.
Retain for seventy-five (75) years.
30.
Criminal Rules Files
These files contain the orders of the Court
							 promulgating or changing Rules of Criminal Procedure and orders appointing
							 members to the Criminal Procedural Rules Committee with the associated
							 correspondence.
Retain for seventy-five (75) years.
31.
Appellate Rules Files
These files contain the orders of the Court
							 promulgating and changing Rules of Appellate Procedure and court calendars and
							 associated correspondence.
Retain for seventy-five (75) years.
32.
Judicial Administration
							 Files
These files contain the orders of the Court
							 involving the Rules of Judicial Administration and other administrative orders
							 and the associated correspondence.
Retain for seventy-five (75) years.
33.
Supreme Court Rules
These files contain the orders of the Court
							 pertaining to the former Supreme Court Rules, the Bar Admission Rules, and
							 appointments to the Pa. Commission on Sentencing and the Pa. Board of Law
							 Examiners.
Retain for seventy-five (75) years.
34.
Court Administrator
							 Files
These files contain orders of the Court pertaining
							 to court administration and the Court Administrator's Office.
Retain for seventy-five (75) years.
35.
Judicial Classifications
							 Files
These files contain the petitions, orders and
							 correspondence pertaining to the assignment of commissioned judges within the
							 judicial district in which they were commissioned.
Retain for twenty-five (25) years.
36.
Judicial Assignment
							 Orders
These orders are maintained in loose-leaf books in
							 sequential order. The orders assign senior judges to duties and reassign
							 commissioned judges to other judicial districts.
Retain for twenty-five (25) years.
37.
Magisterial Files-Rules
These files contain orders and correspondence
							 pertaining to rules of procedure in minor courts and rules of conduct for
							 magisterial district judges, district justices, and
							 magistrates.
Retain for seventy-five (75) years.
-
Magisterial Districts
These files contain correspondence, petitions,
							 orders, and census data pertaining to the apportionment of magisterial
							 districts.
Retain until a new order is entered.
38.
Judicial Discipline
							 Matters
Case information and Record of Contents of files
							 pertaining to the discipline of members of the judiciary, and records of orders
							 appointing members to the Court of Judicial Discipline and Judicial Conduct
							 Board.
Retain Permanently.
*
Section III-Superior Court of
							 Pennsylvania
Series
Description
Retention
Archival Review
1.
Admission Docket
Prior to 1972 attorneys had to be separately
							 admitted to practice before the Superior Court.
Can be given to archives
							 immediately.
*
2.
Superior Court Rules
							 Docket
Includes those rules promulgated by the Superior
							 Court which are relevant to practice before the Court.
75 years.
*
3.
Appeals Docket
The dockets of all cases in the Superior Court which
							 have been assigned an appellate case number.
Retain Permanently.
*
4.
Miscellaneous Docket
The docket of all cases in the Superior Court which
							 are not given appellate numbers.
Retain Permanently.
*
5.
Miscellaneous Files
The cases are docketed in the Superior Court upon
							 filing of a petition when no appeal has been docketed. The files contain all
							 papers and pleadings ancillary to the petition.
1 year after disposition.
6.
General Docket
The docket of all petitions seeking the interception
							 of communications via pen register.
Retain Permanently.
7.
Wiretap Docket
The docket of all petitions seeking the interception
							 of oral communication other than by pen register.
Retain Permanently.
8.
Wiretap and Pen Register
							 Files
These files are sealed by Court Order and are kept
							 in a protective vault. They contain the tapes, transcripts and inventories of
							 intercepted communications.
10 years by statute.
9.
Session Minutes
The summary of the judges and attorneys who
							 participated in a particular Superior Court session as well as the cases which
							 comprised the session.
Retain Permanently.
*
10.
Memorandum Opinions
All unpublished non precedential memorandum
							 decisions and opinions.
Retain Permanently.
*
Section IV-Commonwealth Court of
							 Pennsylvania
Series
Description
Retention
Archival Review
1.
Appeals from Board of Finance and Revenue
							 Files
These files include petitions for review of
							 decisions of the Board of Finance and Revenue and all related papers, with the
							 exception of bonds filed pursuant to Pa.R.A.P. 1734.
Retain for one (1) year after final
							 disposition.
2.
Bonds (Bd. of Fin. and Rev.
							 Cases)
All bonds filed in appeals from decisions of the
							 Board of Finance and Revenue pursuant to Pa.R.A.P. 1734.
Retain for five (5) years after final
							 disposition.
3.
Commonwealth Docket
Case information relating to all appeals filed with
							 the Commonwealth Court. The Commonwealth docket also contains information
							 regarding original jurisdiction actions commenced in the Commonwealth Court
							 prior to January 1, 1989. Finance and Revenue appeals were included prior to
							 that time as well.
Retain Permanently.
*
4.
Miscellaneous Docket
Case information for matters commenced in the
							 Commonwealth Court other than appellate matters. Miscellaneous Docket contains
							 case information regarding original jurisdiction matters after December 31,
							 1988. The Miscellaneous docket also contains case information regarding
							 petitions for permission to appeal and petitions for permission to appeal nunc
							 pro tunc prior to December 31, 1988.
Retain Permanently.
*
5.
Finance and Revenue
							 Docket
This docket contains information regarding appeals
							 from determinations of the Board of Finance and Revenue filed after December
							 31, 1988.
Retain Permanently.
*
6.
Transfer Docket
This docket contains information on all cases
							 transferred to the Commonwealth Court from the Superior Court or Courts of
							 Common Pleas prior to January 1, 1989.
Retain Permanently.
*
7.
Judgment Docket
This docket contains an alphabetical listing of all
							 judgments entered in the Commonwealth Court since its
							 inception.
Retain Permanently.
*
8.
Foreign Registry Docket
This docket contains information regarding cases
							 filed against foreign governments pursuant to this Court's jurisdiction at
							 42 pa.c.s. §
														761.
Retain Permanently.
*
NOTE:
Foreign Registry files will be treated in
				  the same manner as other original jurisdiction cases.