IN RE AMENDMENTS NEVADA RULES APPELLATE PRO., ADKT 410 (Nev. 4-13-2010)

IN THE MATTER OF THE CREATION OF A COMMITTEE TO REVIEW THE PRESERVATION, ACCESS, AND SEALING OF COURT RECORDS.

No. ADKT 410.Supreme Court of Nevada.
April 13, 2010.

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ORDER ADOPTING SCHEDULE FOR RETENTION OF ADMINISTRATIVE RECORDS
WHEREAS, the Nevada Supreme Court is concerned about the lack of a standardized schedule for the retention of administrative records; and

WHEREAS, the Subcommittee on Administrative Records Retention presented a proposed retention schedule to this court and a public hearing was held on the retention schedule on March 16, 2010; and

WHEREAS, this court solicited and considered public comment on the draft retention schedule; accordingly,

IT IS HEREBY ORDERED that the Administrative Record Retention Schedule shall be adopted and shall read as set forth in Exhibit A.

IT IS FURTHER ORDERED that the adoption of this retention schedule shall be effective thirty days from the date of this order. The clerk of this court shall cause a notice of entry of this order to be published in the official publication of the State Bar of Nevada. Publication of this order shall be accomplished by the clerk disseminating copies of this order to all subscribers of the advance sheets of the Nevada Reports and all persons and agencies listed in NRS 2.345, and to the executive director of the State Bar of Nevada. The certificate of the clerk of this court as to the accomplishment of the above-described publication of notice of entry and dissemination of this order shall be conclusive evidence of the adoption and publication of the foregoing rules.

Dated this 13th day of April, 2010.

BY THE COURT

RON D. PARRAGUIRRE Chief Justice

JAMES W. HARDESTY Associate Justice

MICHAEL L. DOUGLAS Associate Justice

MICHAEL A. CHERRY Associate Justice

NANCY M. SAITTA Associate Justice

MARK GIBBONS Associate Justice

KRISTINA PICKERING Associate Justice

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EXHIBIT A Nevada Courts Administrative Records Retention Schedule 2010

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Disposition: Before records destruction can occur, the following must takeplace:

• The records have been authorized for destruction in accordance with the requirements of an approved Administrative Records Retention Schedule;
• There is no active at pending litigation, audit, or investigatons that involves the records in question;
• The records are no longer required under any other legislation, and all statutory and regulatory requirements are fulfilled:
• The records are of no further administrative or business use to the court; and

Destruction of records should be irreversible. This meansthat there is no reasonable risk of the information being recoveredagain. Failure to ensure the total destruction of records may leadin some cases to the unauthorized release of confidentialinformation

Disposition Holds; An official record may not be destroyed if any litigation,claim, negotiation, audit, administrative review, or other actioninvolving the record is instated before the expiration of aretention period for the record set by theapproved Administrative Records Retention Schedule of the courtuntil the completion of the action and the resolution of all issuesthat arise from it, or until the expiration of the retention period,whichever is later.

Approvals: Approved by the commission on Preservation, Access, and Sealingof Court Records, this schedule is a revision and update of aAdimnistralive Records Retention Schedule for Nevada courts. Theschedule was reviewed and approved by the Nevada Supreme Court.

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Records Retention An approved timetable stating retention periods (length of
Schedule: lime to maintain) and the method of disposal for the records.
Records Series A group of related records filed and used together at a unit
and evaluated as a unit for retention purposes
The length of time a record most be maintained, baaed on
Retention Period: administrative, fiscal, historical, and legal values before
disposition can take place
Action to be taken on a record series at a specified time. May
Disposition: entail destruction, reformatting, transfer or permanent
retention.

Nevada Courts Administrative Records Retention Schedule