Rule 10 - Security of Court Records(A)Court Responsibilities. All court records are the exclusive property of the courts and subject to the authority of the Supreme Court of Indiana. Each judge is administratively responsible for the integrity of the judicial records of the court and must ensure that (a) the judicial records of the court are recorded and maintained pursuant to Supreme Court directives, and (b) measures and procedures are employed to protect such records from mutilation, false entry, theft, alienation, and any unauthorized alteration, addition, deletion, or replacement of items or data elements.(B)Clerk Responsibilities. Each Clerk is the custodian of all court records and is responsible for the maintenance of court records pursuant to the directives of the Supreme Court of Indiana, judge of court, and the judges of the trial courts directly served by the Clerk. The Clerks of the court must safeguard the integrity and security of all court records in their custody and diligently guard against any prohibited practice. (C)Prohibited Practices. The following practices are prohibited and may subject an individual to contempt of court or constitute damage to a public record under IC 35-43-1-2(a): (1) Mutilation, vandalism, or theft; (2) False entry, unauthorized alterations, additions, or deletions or replacement of item or data elements; (3) Alienation or any unauthorized release of court records; (4) Use of non-reversible lamination; and (5) Use of unauthorized repair procedures on records deemed permanent under Administrative Rule 7. (D)Reconstruction of Records. Trial courts of this state, after a hearing, may reconstruct judicial records that have been lost or destroyed. A judicial officer whose court exercised jurisdiction of a case whose records have been lost or destroyed may reconstruct the lost or destroyed records, under the procedures set forth in this rule, and any party or interested person, for good cause shown, may file a verified petition seeking a judicial ruling on reconstruction from the best available sources. Notice of the petition shall be given by the petitioner in accordance with the Indiana Rules of Trial Procedure to all parties and any other interested persons in advance of the hearing, which shall take place no sooner than sixty (60) days after the petition is filed, unless good cause exists for a shorter period. Unless determined otherwise by the court, costs of notice shall be borne by the petitioner. Interested persons include the custodian of the lost or destroyed records and any person the court so designates, considering the facts and nature of the case. Certified copies of original records shall be as acceptable to such reconstruction as the original. "Best available sources" are the most credible sources to determine the contents of the lost or destroyed records and include, without limitation, certified copies, copies accompanied by verified statements, and verified statements. The court shall settle and reconstruct the lost or destroyed records following the hearing unless parties and any interested persons file a verified waiver of the hearing. Within one (1) year of the date of the court's settlement and reconstruction of a record, any party or interested person not receiving notice of the proceedings may seek to set aside the court's order, provided, however, that any reconstruction shall be conclusively presumed to be final following this period.(E) Transfer of Court Records - Court Creation or Closure. (1) Creation of a New City or Town Court. Cases pending in another city or town court under an inter-local agreement that would otherwise be in the jurisdiction of the newly created city or town court shall be transferred to the newly created court as a part of its initial caseload. Notice of the transfer and docketing of each pending Court Record shall be given to all parties of record as required by the Rules of Trial Procedure. (2) Termination of a Court. Upon the adoption of an ordinance or statute that terminates the existence of a court, the judge of the court subject to termination shall immediately notify the Indiana Office of Judicial Administration (IOJA). (a) City and Town Courts. (i) All disposed Court Records subject to retention under Administrative Rule 7 and pending Court Records together with the CCS and monies held in trust by the clerk of the terminated court shall be transferred to the Clerk of the Circuit Court upon closure of the terminated court. (ii) Pending Case Records shall be docketed equally, by case type, in the Circuit or Superior Courts within the Judicial Circuit or according to their adopted and approved Caseload Allocation Plan for the case types transferred. (iii) Court Administrative Records for pending cases shall be delivered to the court to which the relevant Case Record is docketed. (iv) All monies received by the Circuit Court Clerk from the abolished court shall be deposited in the appropriate accounts of the Circuit Court Clerk and remitted to the appropriate recipient as established by law or an entered final judgment. (v) Notice of the transfer and docketing of each pending Case Record shall be given to all parties of record as required by the Rules of Trial Procedure. (vi) Retention Schedules - All closed Case Records subject to retention shall be transferred to the Circuit Court Clerk and held for the balance of the retention period. (b) Circuit or Superior Courts - Notice of transfer and docketing of each pending Case Record shall be given to all parties of record as required by the Rules of Trial Procedure.Adopted Nov. 10, 1988, effective 1/1/1989; amended Dec. 21, 2001, effective 1/1/2003; amended Dec. 15, 2005, effective 1/1/2006; amended Oct. 11, 2012, effective 1/1/2013; amended effective 11/20/2014; amended effective 9/1/2016; amended Nov. 1, 2017, effective 1/1/2018. Commentary
The court is required to preserve the integrity of audio and video recordings of court proceedings. The judge may employ various methods for ensuring the recording is not altered, including but not limited to supervised playback for listening or copying, creating a copy of the recording for use during said playback, serving notice to the parties that the recording is being accessed, and providing a copy, clearly identified as such. As prescribed by Indiana Judicial Conduct Rule 2.17 [former Canon 3(B)(13) ], because the court is further required to prohibit broadcasting or televising court proceedings, the court may employ methods to restrict publication of copies of court proceedings made during the pendency of the case.
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