HB-4064, As Passed Senate, December 5, 2013

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4064

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 2137 and 8344 (MCL 600.2137 and 600.8344),

section 2137 as amended by 2009 PA 239 and section 8344 as amended

by 2005 PA 326, and by adding section 1428; and to repeal acts and

parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1428. (1) The state court administrative office shall

establish and maintain records management policies and procedures

for the courts, including a records retention and disposal

schedule, in accordance with supreme court rules. The record

retention and disposal schedule shall be developed and maintained

as prescribed in section 5 of 1913 PA 271, MCL 399.5.

     (2) Subject to the records reproduction act, 1992 PA 116, MCL

24.401 to 24.406, a court may dispose of any record as prescribed

in subsection (1).

     (3) A record, regardless of its medium, shall not be disposed

of until the record has been in the custody of the court for the

retention period established under subsection (1).

     (4) As used in this section, "record" means information of any

kind that is recorded in any manner and that has been created by a

court or filed with a court in accordance with supreme court rules.

     Sec. 2137. (1) If a public officer reproduces court records

kept by him or her pursuant to the records reproduction act, 1992

PA 116, MCL 24.401 to 24.406, the officer may offer the original

records to the department or state agency responsible for

maintaining the state archives for placement in the state archives.

If the department or state agency responsible for maintaining the

state archives accepts the offer within 30 days, the court shall

transfer the records to that department or state agency. If the

department or state agency responsible for maintaining the state

archives does not accept the offer within 30 days, the court may

dispose of or destroy the records in the manner provided for state

agencies under sections 285 and 287 of the management and budget

act, 1984 PA 431, MCL 18.1285 and 18.1287, and section 5 of 1913 PA

271, MCL 399.5. The record of a court shall not be disposed of or

destroyed until the record has been in the custody of the court for

not less than 6 years.

     (2) In a county or probate court district in which the county

board or boards of commissioners pass a resolution or resolutions

for reproducing records pursuant to the records reproduction act,

1992 PA 116, MCL 24.401 to 24.406, the judge of probate may have

the records of the probate court reproduced in accordance with the

resolution or resolutions. The judge of probate shall have a copy

or a duplicate kept in a building outside of the probate office and

shall keep a copy available in the probate office with any suitable

equipment necessary for displaying the record at not less than its

original size or for preparing copies for persons entitled to

copies. The judge of probate then may order a record destroyed. A

reproduction in a medium pursuant to under the records reproduction

act, 1992 PA 116, MCL 24.401 to 24.406, or a reproduction

consisting of a printout or other output readable by sight from

such a medium is admissible as evidence before a court, commission,

or administrative body the same as the original . The original file

of an estate proceeding shall not be destroyed until 6 years after

the date the discharge of the fiduciary is filed or 10 years after

the last document is filed, whichever occurs first.

     (3) A court of record other than the district court may order

the destruction of a court reporter or recorder note, tape, or

recording 15 years after the date that the note, tape, or recording

was made for a felony case and 10 years after the date that the

note, tape, or recording was made for any other case. One year

after a transcript of a note, tape, or recording is filed with the

court, the court may order the destruction of the note, tape, or

recording. If a transcript of a trial or other proceeding in a

court of record other than the district court is ordered other than

for filing in the case file, the court reporter or recorder also

shall prepare and shall file a certified copy of the transcript in

the case file at the expense of the person ordering the transcript

unless a copy has been filed with the court or unless the chief

judge of the court orders otherwise in an order filed in the case

file. As used in this subsection, "felony case" does not include

proceedings in a case that occur before arraignment on information

or indictment or proceedings in a case in which the defendant is

not convicted of a felony.

     (4) Except as provided in subsection (3), a judicial circuit

of the circuit court may order the destruction of its files and

records in a case in which action has not been taken during the 25

years immediately preceding the order of destruction. All of the

following procedures shall be followed before the issuance of an

order of destruction of circuit court files and records:

     (a) The judgment or decree, if any, shall be reproduced

pursuant to the records reproduction act, 1992 PA 116, MCL 24.401

to 24.406, or separated and retained, and the original or

reproduction shall be made available for public inspection.

     (b) The circuit court shall offer the files and records,

subject to the order of destruction, to the Michigan historical

commission established by section 1 of 1913 PA 271, MCL 399.1, or a

historical commission created under section 2 of 1957 PA 213, MCL

399.172. If the historical commission accepts the offer within 30

days, the circuit court shall transfer the files and records to the

historical commission. If the historical commission does not accept

the offer within 30 days, the circuit court shall issue an order of

destruction.

     (5) A reproduction of a record in a medium pursuant to the

records reproduction act, 1992 PA 116, MCL 24.401 to 24.406, or a

reproduction consisting of a printout or other output readable by

sight from such a medium, made as provided by law, and has the same

force and effect as the original would have had and shall be

treated as an original for the purpose of admissibility in

evidence. A duly certified or authenticated copy of the

reproduction shall be admitted into evidence equally with the

original reproduction.

     (6) Except for records described in subsection (3), this This

section only applies to records filed with the court and maintained

by the court clerk or register.

     Sec. 8344. Except as provided in this section, not less than 6

years after the entry of a judgment in a civil action, including a

summary proceeding, or in an ordinance violation case or a criminal

case in the district court, the court may dispose of documents,

records, recordings, and notes related to that action, except the

register of actions pursuant to a schedule adopted by the state

administrative board. The court may order the destruction of

documents, records, recordings, and notes related to a civil

infraction action not less than 3 years after the entry of a

finding in the action. The court may order the destruction of

notes, tapes, and recordings that have been transcribed and filed

with the court 1 year after the date of the filing of the

transcript. The register of actions shall be in a form adequate to

reveal, in summary fashion, the general nature of the action and

judgment. After the disposal of the documents, records, recordings,

and notes, the register of actions or a certified reproduction of

the register of actions pursuant to the records media act is the

official record of the action and judgment. The validity and

enforceability of a judgment are not affected by the destruction of

the piece of paper upon which the judgment is entered, but the

register of actions itself, or a certified reproduction of the

register of actions pursuant to under the records reproduction act,

1992 PA 116, MCL 24.401 to 24.406, is a complete replacement of the

judgment and the records of the action. This section applies to

judgments all of the following:

     (a) Judgments of municipal and common pleas courts abolished

after January 1, 1969, if the judgment was entered or the action

disposed of after January 1, 1969. This section applies to actions

     (b) Actions entered in the small claims division of the

district court, except that a register of actions need is not

required to be preserved or maintained after destruction of the

file.

     Enacting section 1. 1949 PA 66, MCL 780.221 to 780.225, is

repealed.

     Enacting section 2. This amendatory act does not take effect

unless House Bill No. 4532 of the 97th Legislature is enacted into

law.