Rule 20.4 Purging of case files

20.4(1) Each clerk of the district court may purge civil case files ten years after final disposition. For purposes of this rule and rule 20.5, civil case files do not include juvenile, mental health, probate, or adoption proceedings. Each district court clerk may purge criminal case files ten years after dismissal of all charges, or ten years after the expiration of all sentences imposed or the date probation is granted, whichever later occurs. For purposes of this rule and rule 20.5, “purging” means the removal and destruction of documents in the case file which have no legal, administrative or historical value. The documents are to be retained or discarded in accordance with the purging lists in rule 20.5.

20.4(2) Purging shall be done prior to reproduction of an entire court file in preparation for destruction under Iowa Code section 602.8103. A file shall be purged only once, pursuant to the provisions of this rule in effect at the time of purging.

20.4(3) The district court clerk need not give notice to any agency, attorney, party, or other group before purging any files under this rule and rule 20.5. Any government agency, historical society, group, or person may request and obtain any or all purged documents upon making written request to the local district court clerk, and tendering payment therefor. District court clerks shall cooperate with reasonable requests of local and state historical societies when implementing purging operations.

20.4(4) Case files will be excepted from this rule only upon court order signed by a majority of the district judges of that district. The order may prohibit purging specific court files in whole or part, and must state the reason for the prohibition.

20.4(5) Purging of case files in proceedings involving parental notification of a minor’s abortion under Iowa Code chapter 135L shall be in accordance with Iowa Ct. R. 8.32(3).

20.4(6) Orders appointing condemnation commissioners shall be retained for five years and then destroyed without reproduction.

20.4(7) One year after filing, district court clerks may destroy, without reproduction, “Confidential Information Forms” filed pursuant to Iowa Code section 602.6111.