Rule 28.1 - Duties of the Clerk(a)Retention of Records and Evidence. The clerk receives and maintains all court filings and evidence admitted in criminal cases.(b)Destruction of Certain Records.(1)Generally. When a case is no longer subject to modification, the clerk must destroy certain records under retention and destruction schedules established by the Supreme Court.(2)Definition of "Subject to Modification." A case is no longer "subject to modification:" (A) after the defendant is acquitted or the court dismisses with prejudice the charges against the defendant;(B) 60 days after the entry of judgment and sentence, unless a party files a notice of appeal or a post-trial motion;(C) 90 days after either a court denies a post-trial motion or receives an appellate court mandate affirming the defendant's conviction, unless a petition for writ of certiorari is filed with the United States Supreme Court;(D) 25 days after the United States Supreme Court denies certiorari or issues a mandate affirming a conviction, unless a petition for rehearing is filed;(E) after the United States Supreme Court denies a petition for rehearing; or(F) one year after exhausting all state remedies if the defendant did not file a petition for habeas corpus, or after exhausting all federal remedies if the defendant filed a petition for a writ of habeas corpus.(c)Certified Reporter Notes. Certified reporters' notes must be retained under retention and destruction schedules established by the Supreme Court.Added August 31, 2017, effective 1/1/2018; Amended on an emergency basis, effective 9/30/2021, adopted on a permanent basis effective 1/1/2022.