Court Records

Reference Number: MTAS-683

Reviewed Date: 11/08/2022

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Source URL: https://www.mtas.tennessee.edu/reference/court-records

COURTS RECORDS RETENTION SCHEDULE BY T.C.A. § 18-1-202

Description of Record Retention Period Legal Authority/Rationale

C-1. Affidavit of Complaint. A written statement

alleging that a person has committed an offense
and alleging the essential facts instituting the *Permanent Record. T.C.A. § 18-1-202(a).
offense charged made upon oath before a
magistrate or court clerk.

C-2. Appeal Dockets. Record of cases going to

*Retain 10 years after last
appellate courts showing style of case, date, and T.C.A. § 18-1-202(a).
entry.
ruling of the court; may show court costs

C-3. Appearance and Rule Dockets. Record of

first appearance of all causes in court, showing
*Permanent Record T.C.A. § 18-1-202(a).
date filed, names of attorneys, style of case,
security, and action taken.

C-4. Appearance and Bail Bond Records. Bonds

and recordings of bonds executed by defendants
*Retain 10 years after final
and sureties showing defendant’s name, name of T.C.A. § 18-1-202(a).
judgment.
person serving as surety, amount of bond, and
signatures of the accused and sureties.

C-5. Attachment and Injunction Bonds. Bonds

executed in attachment and injunction cases
insuring defendant against damages likely to
*Retain 10 years after final
occur as a result of wrongful suing, showing date T.C.A. § 18-1-202(a).
judgment.
of bond, name of principal and sureties, amount
of bond, condition of the obligation, and
signatures of principal and sureties.

C-6. Attachments on Personal Property. Writs *Retain 10 years after final

issued during court action to seize the personal settlement of case. T.C.A. § 18-1-202(a).
property of the defendant to be held as security

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COURTS RECORDS RETENTION SCHEDULE BY T.C.A. § 18-1-202

Description of Record Retention Period Legal Authority/Rationale

for the satisfaction of such judgment as the

plaintiff may recover.

C-7. Attachments on Real Property. Writs issued

during court action to seize the real property of
*Retain 10 tears after final
the defendant to be held as security for the T.C.A. § 18-1-202(a).
settlement of the case.
satisfaction of such judgment as the plaintiff may
recover.

C-8. Bills of Costs-Courts with Concurrent

Jurisdiction. Certified bills of cost in criminal
cases in courts having concurrent general
sessions court jurisdiction and submitted for
payment by the city court clerk, showing names
of the plaintiff and defendant, offense charged, Retain 5 years after close of Keep for audit and review
date of initial action, items of cost, amount of case. purposes.
each, date process issued, signature of office
issuing warrant, date filed with city court clerk
for trial (if applicable), clerk’s certification, date
judgment paid, and number of warrant issued in
payment.

C-9. Bills of Costs-Ordinance Violation Cases.

Bills of costs submitted for payment showing
names of plaintiff and defendant, date of initial
action, items of cost, amount of each, date Retain 5 years after close of Keep for audit and review
process issued, signature of official issuing case. purposes.
warrant, date filed for court for trial, clerk’s
certification, date judgment paid, and number of
warrant issued in payment.

C-10. Bond Books, Miscellaneous. Receivers,

*Retain 10 years after
appearance, costs, etc., bonds, showing names
release, replacement, or
of principal and sureties, style of case, amount T.C.A. § 18-1-202(a).
expiration of all bonds in
and date of bond, condition of the obligation,
book.
and signatures of principal and sureties.

Notice permits parties to

C-11. Briefs, Civil Cases. Statements of the case, *Maintain for 3 years after
retrieve records. T.C.A. § 18-
legal theory and arguments for a party in a case. final disposition of the case,
1-202(b).

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COURTS RECORDS RETENTION SCHEDULE BY T.C.A. § 18-1-202

Description of Record Retention Period Legal Authority/Rationale

then destroy after notice is

given to parties.

C-12. Capias. The general name for several types

Original process must be kept
of writs that require an officer to take the body
*Permanent Record permanently. T.C.A. § 18-1-
of the defendant into custody; they are writs of
202(a).
attachment or arrest.

Recommended by the
comptroller in the Internal
C-13. Case Ledgers. Records of case funds
Permanent Record. Control and Compliance
received and distributed.
Manual for Tennessee
Municipalities.

C-14. Citation. A demand that the defendant

cited appear in court at a stated time to answer
Original process must be kept
to a misdemeanor or civil offense charge. The
*Permanent Record permanently. T.C.A. § 18-1-
citation states the name and address of the
202(a).
person cited, the name of the issuing officer, and
the offense charged.

C-15. Cost Bonds, Civil Cases. Bonds executed to

*Maintain for 3 years after
insure payment of court costs, showing names of
final disposition of the case,
plaintiff and defendant, amount and date of T.C.A. § 18-1-202(a).
then destroy after notice is
bond, condition of the obligation, and signatures
given to parties.
of principal and sureties.

C-16. Court Action Reports. Retain 10 years Keep for audit purposes.

C-17. Criminal Actions, Record of. All original

process, case papers, and documents in criminal
*Permanent Record T.C.A. § 18-1-202(a).
cases, including judge’s orders, in both felony
and misdemeanor cases.

C-18. Delinquent Tax Collection Reports. Copies

of the reports made by the clerk to the cities,
county, and state of tax collections in litigation,
*Retain 10 years. T.C.A. § 18-1-202(a).
showing docket number, case number, names of
complainant and respondent, amount collected,
total, and date of report.

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COURTS RECORDS RETENTION SCHEDULE BY T.C.A. § 18-1-202

Description of Record Retention Period Legal Authority/Rationale

C-19. Detainer Warrants. Instrument authorizing

the keeper of a prison to keep a person in
custody. Shows name of person in custody, *Retain 10 years. T.C.A. § 18-1-202(a).
length of time to be detained, and signature of
issuing official.

C-20. Discovery Records, Civil Cases. *Maintain for 3 years after

Interrogatories, depositions, and other legal
devices to obtain information concerning a case
prior to trial.
Notice permits parties to
final disposition of the case,
retrieve records. T.C.A.§18-1-
then destroy after notice is
202(b).
given to the parties.

C-21. Distress Warrants and Warrant Stubs.

If court action results,
Original warrants and warrant stubs issued
retain until final settlement
against persons, showing name and address of Keep for audit purposes.
of case; if no court action,
person for whom warrant is issued, date of issue,
retain 5 years.
amount of tax due, fees, and penalties.

C-22. Executions. Writs or orders providing that *Retain 10 years after

T.C.A. § 18-1-202(a).
an act or course of conduct be carried out. issuance.

C-23. General Account Ledgers (execution

docket). Ledger accounts or funds received from
payments of judgments and court costs; money
distributed by the clerk showing style and
number of case, date of collection, name of *Permanent Record. T.C.A. § 18-1-202(a).
person from whom received, and amount; date
of payment, name of payee, number of check
issued, and amount; may show cash book and
page number from which entry was posted.

C-24. General Index. Index to all original case

Necessary for use of other
papers, showing file number and names of *Permanent Record.
permanent records.
complaint and respondent.

C-25. Habeas Corpus, Writs of. Writs issued to

Original process must be kept
change the place of trial, to move from custody
*Permanent Record. permanently. T.C.A. § 18-1-
of one court to another, directing that a detained
202(a).
person be produced, etc.

C-26. Judge’s Opinions. Statements by the judge *Permanent Record. T.C.A. § 18-1-202(a).
of the decision reached in regard to a cause

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COURTS RECORDS RETENTION SCHEDULE BY T.C.A. § 18-1-202

Description of Record Retention Period Legal Authority/Rationale

heard before him relating the laws as applied to

the case and giving reasons on which the
judgment is based.

C-27. Litigation Tax Reports. A record of all state

Retain 10 years after last
and city litigation taxes collected by the clerk Keep for audit purposes.
entry.
showing number of cases and amount received.

C-28. Minute Books and Indexes. Minutes show

the course and proceedings in all cases from
Necessary for use of other
their origin to termination, giving name of Permanent Record.
permanent records.
defendant, offense charged, date of trial, verdict,
and sentence of the court.

C-29. Mittimuses. Commitments to jail, showing

name of person committed, offense charged,
*Retain 10 years. T.C.A. § 18-1-202(a).
name of prosecutor, amount of bail, date, and
signature of clerk of the court.

C-30. Municipal Court with Concurrent

Jurisdiction Docket Book, Criminal (State).
Keep permanently as a basic
Dockets showing date of trial, case number,
Permanent Record. record of the actions of the
name of defendant, action of the court, name of
court.
returning officer, and list of witnesses claiming
fees.

Retain 3 years after last

entry. Note: Do not confuse
C-31. Processes Served, Record of. Record of this record with original
warrants, capiases, summonses, and other process that must be kept Keep for audit purposes.
papers served. as a permanent record to
comply with T.C.A. § 18-1-
202(a).

C-32. Receipts for Papers. Record of all files and

Retain until all files and Working papers as defined in
papers removed from the office, showing date
papers are returned. T.C.A. § 10-7-301(14).
and by whom taken, and date returned.

C-33. Reports, Municipal Court with Concurrent Retain 10 years after clerk’s
Jurisdiction. Duplicates of monthly reports to Keep for audit purposes.
tenure is broken.
the county and the state of all revenue collected

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COURTS RECORDS RETENTION SCHEDULE BY T.C.A. § 18-1-202

Description of Record Retention Period Legal Authority/Rationale

by the clerk, showing dates of quarter, from

whom received or source of collection, costs,
fees and mileage of witnesses, and fees,
commissions and emoluments of the sheriff, his
deputies, constables, game wardens, state
highway patrolmen, and other officers for
services to the court, the fines and forfeitures
adjudged by the court, and all other funds
coming into the hands of the clerk and judge.

C-34. Rule Dockets and Indexes. A record of

original processes issued and files incident to
cases tried in court, showing number of case,
date and hour filed, names of complainant,
*Permanent Record T.C.A. § 18-1-202(a).
respondent, and solicitors; also date and nature
of process, names of bondmen, date process
served, note of officer’s return, and rules and
orders of the court.

C-35. Search Warrants. A written order issued in

the name of the state and directed to a law
enforcement officer commanding him to search *Retain 10 years. T.C.A. § 18-1-202(a).
a specific house, business establishment, or
other premises.

C-36. Subpoenas. Copies of summonses to *In criminal cases, retain 10

appear in court as witnesses in lawsuits, years.
showing name of person summoned, day and T.C.A. § 18-1-202.
hour to appear, in whose behalf, and signature of *In civil cases, retain 3
the clerk. years.

C-37. Summonses. A writ notifying a person that

a court action has commenced against him and
*Permanent Record T.C.A. § 18-1-202(a).
that he is required to appear on a day named
and answer the complaint in such action.

*Retain 10 years after final

C-38. Trial Exhibits and Evidence. Any evidence
judgment, unless local rule
and exhibits presented at trial that become part T.C.A. § 18-1-202(a).
of court provides for a
of the record of the case.
different retention period.

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 COURTS RECORDS RETENTION SCHEDULE BY T.C.A. § 18-1-202

Description of Record Retention Period Legal Authority/Rationale

C-39. Unclaimed Funds, Record of. Record of Keep record for audit
funds in hands of clerk unclaimed for 7 years and purposes and a reasonable
*Permanent Record
turned over to the state, showing style of case, period to allow interested
case number, respondent, and amount. parties to make inquiries.

C-40. Warrants. Writs issued in both civil and

criminal cases requiring an officer of the law to
arrest the person named therein and bring him *Permanent Record T.C.A. § 18-1-202(a).
before the court to answer charges of some
offense that he is alleged to have committed.

C-41. Witness Books. Record of witnesses

appearing in court cases, showing date of court
term, style of case, names of witnesses for *Retain 10 years after last
T.C.A. § 18-1-202(a).
complainant, names of witnesses for entry.
respondent, number of days attended, miles
traveled, amount due, and date of payment.

*Indicates a mandatory retention period based on state and federal law.

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