Administrative Rules for the Magistrate Courts

ADMINISTRATIVE RULES FOR THE MAGISTRATE COURTS

NOTE: The Administrative Rules for the Magistrate Courts of West Virginia became effective on July 1, 1988.

Rule 1.   Hours of magistrate Court
Rule 1A.   Conduct of proceedings; judicial day
Rule 1B.   Disqualification
Rule 1C.   Magistrate Assistant's hours and additional duties
Rule 2. Caseload assignment and distribution
Rule 3. Bailiff
Rule 4. Juries
Rule 5. Witness fees
Rule 6. Magistrate court account
Rule 7. Manner of payment
Rule 7A. Credit cards and debit cards
Rule 8.   Expenditures from magistrate court fund
Rule 9. Cameras in courtrooms
Rule 10.   Appearances on behalf of corporations
Rule 11.   Copies
Rule 12.   Retention of records

Rule 1. Hours of magistrate court.

(a) Regular office hours. — Every magistrate court shall be open on each judicial day except Saturday. The hours of magistrate court in each county shall be approved by the supervising circuit judge and submitted, in written form, to the Administrative Office of the Supreme Court of Appeals. These hours shall, as nearly as possible, correspond to the hours of the county courthouse.

The supervising circuit judge may, or at the direction of the Supreme Court of Appeals shall, also direct one magistrate, on a rotating basis, to be at the magistrate court offices at other designated evening, weekend and holiday hours, or at all times. Such evening, weekend and holiday hours shall be subject to the approval of the Supreme Court of Appeals through the Administrative Office of the Supreme Court of Appeals.

(b) On call. — One magistrate in each county, on a rotating basis, shall be on call at all times other than regular office hours. On-call duties shall extend, in criminal cases, to initial appearances; to taking bond for someone who is in jail; and to receiving and acting upon emergency search warrants, domestic violence matters, and juvenile abuse and neglect matters.

(1) Initial appearances and taking bond in criminal cases. — Within the time periods provided for below, the on-call magistrate shall contact the county or regional jail, whichever applies, and the juvenile detention facility that serves the county, and shall inquire whether any person has been arrested in the county since the close of regular business hours or since the last contact with the jail, or whether anyone confined to the jail is able to post bond. If an arrest has been made or if a prisoner is able to post bond, the magistrate shall proceed immediately to the magistrate court offices to conduct an initial appearance and to set bail for such person, or to accept bond for someone already in jail.

It shall be sufficient to comply with this rule if the on-call magistrate contacts the jail and juvenile detention facility:

(A) Between 10:00p.m. and 11:00p.m. Monday through Friday;

(B) Between 10:00a.m. and 11:00a.m. and between 10:00p.m. and 11:00p.m. on Saturdays and holidays; and

(C) Between 12:00p.m. and 1:00p.m. and between 10:00p.m. and 11:00p.m. on Sundays.

(2) Emergency search warrants, domestic violence matters, and juvenile abuse and neglect matters. — The on-call magistrate shall be available and responsible for receiving and acting upon applications for emergency search warrants and petitions for domestic violence protective orders. The on-call magistrate shall also respond at any time for the purpose of holding a temporary custody proceeding pursuant to W. Va. Code § 49-6-3(c). When contacted concerning any of these matters, the on-call magistrate shall conduct such emergency action as may be necessary at the magistrate court offices or at any other appropriate location approved for such purpose by the supervising circuit judge.

(As amended by order entered December 18, 1989, effective January 1, 1990; by order entered November 29, 1990, effective January 1, 1991; by order entered July 21, 1993, effective September 1, 1993; by order entered June 30, 1994, effective July 1, 1994; and by order June 22, 2000, effective July 1, 2000.)

Rule 1A. Conduct of proceedings; judicial day.

(a) Except as provided in Rule 1, magistrates shall conduct all judicial proceedings in the magistrate court offices in the county.

(b) "Judicial day" for magistrate courts shall mean every day except Sunday and any legal holiday listed in or declared pursuant to W.Va. Code § 2-2-1. A magistrate may not conduct any judicial proceeding or issue any order on any nonjudicial day except for proceedings expressly required by Rule 1(b).

(Adopted by order entered July 1, 1991, effective August 1, 1991; and amended by order entered July 21, 1993, effective September 1, 1993.)

Rule 1B. Disqualification.

(a) Form of motion. — A party or attorney for a party to any magistrate court proceeding except an initial appearance may file a written motion for disqualification of a magistrate. The motion shall be in the form of an affidavit, and shall state that it is made in good faith and shall include specific facts and reasons supporting disqualification.

(b) Time for filing motion. — Unless good cause is shown, the following time limits apply to motions to disqualify. A motion for disqualification shall be filed no later than 10 days before the first scheduled trial date except for cases in which a final hearing is to be held within 10 days of filing. In a case involving such an expedited proceeding, a motion for disqualification shall be filed before the hearing begins.

(c) Duties in response to disqualification motion. —

(1) All proceedings. Upon the filing of a disqualification motion, the magistrate shall immediately forward to the supervising circuit judge a copy of the motion and any relevant evidence, along with a written statement as to why the magistrate believes there is or is not good cause for disqualification. The supervising circuit judge, applying the pertinent provision(s) of the Code of Judicial Conduct, shall grant or deny the disqualification motion. The filing of a disqualification motion shall not be, in and of itself, a ground for disqualification. Until the issue of disqualification is decided, the magistrate shall proceed no further in the case and as necessary shall, with notice to the parties, continue any earlier scheduled proceeding in the case.

(2) Time limit for ruling. When a motion to disqualify is filed in a case involving non-expedited proceedings, the supervising circuit judge shall by order rule on the motion within 5 days of receiving the materials from the magistrate. When a motion to disqualify is filed in a case involving expedited proceedings, the supervising circuit judge shall by order rule on the motion within 3 days of receiving the materials from the magistrate.

(3) The supervising circuit judge may, by administrative order, establish supplemental procedures consistent with this Rule for the purpose of preventing the undue delay of expedited proceedings that could otherwise result from disqualification or recusal request.

(d) Voluntary recusal. — A magistrate wishing to recuse himself or herself voluntarily from any case or proceeding other than an initial appearance shall submit a written request to the supervising circuit judge along with a statement of reasons why the magistrate believes recusal is required. The supervising circuit judge shall review and rule on any request by a magistrate for voluntary recusal within the same time limits and in the same manner as for a disqualification motion filed by a party. Neither the magistrate seeking voluntary recusal nor the magistrate court clerk shall take any action toward reassignment of a case until the supervising circuit judge has, by order, ruled on the request.

(e) Case and assignment. —

(1) When a magistrate is disqualified or recused, the magistrate shall immediately transfer all matters relating to the case to the magistrate court clerk, who shall forthwith assign the case to another magistrate within the county pursuant to Rule 2 of these rules or, if no other magistrate is available, shall forthwith notify the supervising circuit judge of the need for the assignment of a magistrate from another county to hear the case. If all magistrates in the county where the case is pending are recused or disqualified, and if this county is located within a multi-county circuit, the supervising chief judge shall assign a magistrate from another county within the circuit pursuant to West Virginia Code §50-1-13(b). If no magistrate is available or the circuit is a single-county circuit, the supervising chief judge must submit a letter to the Chief Justice stating the reasons for the magistrates' recusals and request that a new magistrate from another circuit be assigned. The Chief Justice shall, within 5 days, either deny the request if the reasons for disqualification or recusal are insufficient and direct that one of the magistrates in that county preside over the case, or, if the reasons are sufficient, the Chief Justice shall assign a new magistrate from another circuit.

(2) The magistrate to whom the case is reassigned shall, within 5 days of receiving the case, set a new return date and notify all parties thereof.

(3) The magistrate court clerk shall assign to a recused magistrate another case to replace the case transferred as the result of a recusal.

(f) Challenge to disqualification rulings. — All rulings relating to disqualification or recusal of a magistrate shall be interlocutory in nature and are not subject to direct or immediate appeal. The sole remedy shall be appeal of the final magistrate court judgment in the case.

(Adopted by order entered January 30, 1997, effective March 1, 1997.)

Rule 1C. Magistrate Assistant's Hours and Additional Duties.

All magistrate assistants must work a 35 hour work week. When a magistrate is scheduled to be "on-call," the magistrate’s assistant is still required to work during regularly scheduled business hours. However, if the assistant is required by a magistrate to accompany the magistrate to the court after regularly scheduled business hours, the assistant shall be given credit for the time actually spent performing duties in assistance to the "on-call" magistrate. That credit shall be applied toward the assistant’s next required 35 hour work week.

If a magistrate assistant has completed the assistant’s duties on a specified day, it shall be the assistant’s responsibility to assist in the magistrate court clerk’s office, during regular business hours, performing the legal and administrative tasks set out in the relevant statutes and court rules. Work done by a magistrate assistant in the magistrate court clerk’s office shall be performed at the direction of the magistrate court clerk or their designee.

(Adopted by order entered November 17, 2010, effective January 1, 2011.)

Rule 2. Caseload assignment and distribution.

(a) Caseload assignment. — Caseload assignment shall be conducted in such manner that, to the greatest extent possible, a plaintiff, petitioner, or complainant shall be unable to select a magistrate. All cases shall be centrally assigned by the magistrate clerk regardless of the magistrate before whom the civil or criminal complaint is filed. No magistrate may conduct hearings or enter orders in a case assigned to another magistrate, except upon consent of the magistrate to whom such case is assigned or upon order of the Circuit Court or the Supreme Court of Appeals; Provided, however, that any magistrate shall entertain a motion for a change of bail or bond and shall accept an appeal if the assigned magistrate is off duty or otherwise unavailable to do so.

(b) Caseload distribution. — Caseload shall be distributed as evenly and randomly as possible among magistrates in a county. The magistrate court clerk shall identify substantial discrepancies in work load and bring such discrepancies to the attention of the supervising circuit judge. The supervising circuit judge, as administrative head of the magistrate court, shall devise a case rotation system for each county to alleviate such case-load discrepancies.

(As amended by order entered July 1, 1991, effective August 1, 1991.)

Rule 3. Bailiff.

(a) At any time the magistrate requests a bailiff, the magistrate court clerk shall notify the sheriff in writing, if possible, not less than 5 days in advance of this need. When the request is made less than 48 hours before the time for the bailiff's service, the sheriff may deny such request if adequate personnel are not available. Where circumstances arise that in the judgment of the magistrate jeopardize the safety of the magistrate court, the sheriff shall provide bailiff service forthwith.

(b) The supervising circuit judge may promulgate such further guidelines as may be deemed necessary regarding the service of sheriffs and their deputies as bailiffs in magistrate court.

Rule 4. Juries.

(a) When a case will be tried before a jury, the magistrate clerk shall forthwith, but no later than five days before the scheduled trial date, inform the circuit clerk of the need for 14 qualified jurors for magistrate court or more than 14 if the magistrate, with the concurrence of the supervising circuit judge, deems such additional jurors necessary to assure that a panel of 10 jurors will be available following examination and dismissal of jurors for cause.

(b) If, before the trial date, it becomes known that the jury panel will not be needed, the magistrate clerk shall forthwith so inform the circuit clerk.

(c) Each time a jury panel is called, more than one jury trial should be scheduled, if possible, in order to minimize costs.

(d) Upon completion of service by a jury in magistrate court, the magistrate clerk shall forthwith certify to the circuit clerk the number of days on which each juror appeared as required.

(As amended by order entered November 29, 1989, effective January 1, 1990; by order entered July 1, 1991, effective August 1, 1991; and by order entered June 30, 1994, effective July 1, 1994.)

Rule 5. Witness fees.

(a) The magistrate assistant shall certify to the magistrate court clerk the number of days on which each witness who is to be paid by the State has appeared and the number of miles traveled. The magistrate court clerk shall prepare and distribute to each such witness a certificate showing the number of days the individual served as a witness, the amount received per day, the total number of miles traveled by the witness, and the total amount due. The witness, upon presentation of the certificate to the sheriff, shall receive the amount due.

(b) No person who is employed as a law enforcement officer or other state, county or municipal employee shall be paid a fee for appearing as a witness in any magistrate court in his or her official capacity.

(c) The sheriff shall be reimbursed by the State for these expenses upon submission to the Supreme Court Administrative Office of the original witness certificates, endorsed by the witnesses and attested by the sheriff.

(As amended by order entered July 1, 1991, effective August 1, 1991.)

Rule 6. Magistrate court account.

(a) A magistrate court account shall be maintained by the magistrate court clerk. All collections by the magistrate court shall be deposited daily into this account.

(b) The magistrate court clerk shall establish the magistrate court account as an interest-bearing checking account, unless written exemption is made by the Administrative Director. The interest, reduced by the amount of any service charges incurred as a result of establishing and maintaining the interest-bearing account, shall be remitted monthly to the state treasurer by the magistrate court clerk. Only the magistrate court clerk, the supervising circuit judge, and such court employees designated by order of the supervising circuit judge shall have withdrawal signature authority for the magistrate court account. The account shall be entitled "Magistrate Court of _____ County, WV, _____, Magistrate Court Clerk."

(c) One hour before the end of each shift, the magistrate assistant shall close out the daily activity report and prepare the corresponding deposit. Such deposit shall be made the same day in the bank account that the magistrate court clerk has designated for such use.

(d) The magistrate assistant shall promptly forward a copy of the daily activity report, along with a copy of the deposit slip, a copy of each receipt issued when a collection was made, and all related legal documents that were prepared by the magistrate at the time a collection was made to the magistrate court clerk. This information shall be delivered to the magistrate court clerk's office by the magistrate, the magistrate assistant, or by certified mail.

(e) Any funds accepted by the magistrate court for payment of judgment and costs to the prevailing party in a civil suit shall be deposited into the magistrate judicial account. The magistrate clerk shall promptly issue a check for such amount to the prevailing party, unless such payment has been made to the court by personal check, in which case the clerk shall not issue a check to the prevailing party for 2 weeks from deposit or until such personal check has been otherwise cleared.

(As amended by order entered July 21, 1993, effective September 1, 1993.)

Rule 7. Manner of payment.

(a) Fees, costs, bonds, fines or other sums charged or assessed in magistrate court in civil or criminal matters may be paid to the court by means of

(1) United States currency;

(2) Personal check, upon presentment of proper identification such as driver's license, payable to the magistrate court of the particular county, except in such instances where the drawer of the check has a known history of writing checks unsupported by sufficient funds or for the posting of bond, if, in the discretion of the magistrate such personal check does not constitute sufficient security for the purposes of the bond; in the event, however, that a personal check is accepted for the posting of a bond, such amount, once deposited, shall not be refunded until the magistrate clerk verifies that the amount deposited has been cleared;

(3) Cashier's check, certified check, money order, or traveler's check; or

(4) Credit or debit cards in accordance with the terms and conditions established by the Administrative Director. Any charges assessed by the credit company for debit/credit payment and/or convenience fees associated with online payment shall be paid by the person responsible for paying the cost, fine, forfeiture or penalty.

(b) Except as authorized by W. Va. Code § 50-3-2a, payment of fines and costs shall be made in full. Partial payments of fines and costs, made pursuant to W. Va. Code § 50-3-2a, shall be credited to amounts due in the following order:

Magistrate Court Fund
Regional Jail Fund
Worthless Check Fund
Per Diem Regional Jail Fee
Community Corrections Fund
Regional Jail Operational Fund
Law Enforcement Training Fund
Crime Victims Compensation Fund
Court Security Fund
Courthouse Improvement Fund
Litter Control Fund
Sheriff arrest fee
Worthless Check Payee
Teen Court Fund
Other costs, if any
Restitution
Fine.

(As amended by order entered July 1, 1991, effective August 1, 1991; by order entered July 10, 1996, effective September 1, 1996; and by order entered May 21, 2003, effective August 1, 2003; and by order entered and effective May 22, 2007.)

Rule 7A. Credit cards and debit cards.

(a) The honoring of a credit or debit card pursuant to Rule 7(a)(4) constitutes payment of the amount owing to the Magistrate Court as of the date the credit or debit card transaction results in a corresponding deposit to the account designated by the Administrative Director.

(b) If any credit or debit card is not paid following due presentment or is charged back to the Magistrate Court for any reason, any record of payment made by the Magistrate Court honoring the credit or debit card shall be void. Any receipt issued in acknowledgment of payment shall also be void. The obligation of the cardholder shall continue as an outstanding obligation as if no payment had been attempted or made. The Magistrate Court may collect a service charge equal to any fee assessed to the Magistrate Court by the credit card company or bank as a result of insufficient funds and/or charge back from the person who owes the fine, fee and/or costs.

(c) The Magistrate Court may refuse acceptance of credit or debit cards of an individual if:

(1) the individual has previously tendered to the court a credit or debit card or credit or debit card information which did not ultimately result in payment by the credit or debit card issuer;

(2) the bank or credit card issuer does not authorize payment;

(3) the validity of the credit or debit card is not verifiable;

(4) the identity of the individual credit or debit card holder does not appear to be the same person identified on the credit or debit card; or

(5) the Magistrate, Magistrate Assistant, Clerk or Deputy Clerk find that other good cause exists for such refusal.

(d) A credit or debit card may not be used to post or secure bond.

(As amended by order entered and effective May 22, 2007.)

Rule 8. Expenditures from magistrate court fund.

A county may appropriate and spend from the magistrate court fund such sums as may be available for providing the following services:

(a) Bailiff for magistrate court. — The county may charge the fund $35.00 per day for each day a bailiff is needed in magistrate court, and the sheriff may charge the fund $.15 per mile for transporting prisoners from magistrate court to the county or regional jail. Sums for bailiff services and mileage may properly be charged only after a voucher for the same has been submitted to, and approved by, the chief judge or his designee.

(b) Magistrate court office rental. —

(1) Privately owned facilities. — The county may charge the fund the actual rental expenses incurred in obtaining office space for the magistrates and their support staff.

(2) County owned facilities. —

(A) Rate. — The county may charge the fund an annual rate of $6.00 per square foot, payable in monthly installments, which will include the cost of utilities and the monthly base telephone rate.

(B) Improvements to heating and air-conditioning. — If the magistrate court system is housed in county-owned buildings and the heating and air-conditioning systems in the space allocated to the magistrate court system are not adequate, the supervising circuit judge may direct the county commission to improve or replace the systems, and may charge the costs, on a pro rata basis, to the fund.

(c) Utilities and telephone service in magistrate offices. —

(1) General. — The county may charge the fund the actual cost for providing utilities and telephone service for the magistrate court system.

(2) Long-distance and paging expense. — All long-distance calls made on behalf of the magistrate court system may be charged to the fund and are not included in the $6.00 per square foot rental cost. The cost of paging system for magistrates is considered an extension of the long-distance telephone service, and the cost of the system may be charged to the fund.

(c) Telephone service for magistrates. — A magistrate may choose to be reimbursed for either a landline telephone in their home or a cellular telephone, but not both. The base monthly telephone bill for telephones in the homes of magistrates is a reimbursable expense to the magistrate, paid by the county and chargeable to the magistrate court fund. The base monthly rate shall include only the cost to lease a basic service telephone on a single private line.

Reimbursement may be made for the base monthly charge only, and magistrates may not be reimbursed for long-distance charges, extension telephones, or other ancillary services. Magistrates may be reimbursed only upon completion of a "Certification of Entitlement" stating the telephone number of such personal telephone and affirming that it is a listed number available to the general public. Such "Certification of Entitlement" shall be filed with the Administrative Director of the Supreme Court of Appeals, who shall provide the certification with the signed approval of the Administrative Director to the county commission of each magistrate's county.

The cellular telephone reimbursement expense shall be no more than $29.99 per month for basic cost of cellular telephone. The county shall not be required to reimburse magistrates for a minute plan or other ancillary services.

(e) Janitorial services. — The cost of providing janitorial services and cleaning supplies in either a county-owned or leased building may be charged to the fund.

(f) Parking. — If parking for the magistrate court staff and the public is otherwise unavailable, then the cost of providing adequate parking spaces for the public and the staff of the magistrate court may be charged to the fund.

(g) Exceptions. — Whenever unique circumstances justify exceptions to any provision of this rule, such exceptions may be made in writing by the Administrative Director to any county commission.

(As amended by order entered December 15, 1988, effective January 1, 1989; by order entered July 1, 1991, effective August 1, 1991; and by order entered December 19, 1991, effective January 1, 1992; by order entered February 1, 2019, effective immediately.)

Rule 9. Cameras in courtrooms.

Upon request and with the concurrence of the supervising circuit judge, the magistrate may permit the quiet and unobtrusive use of a camera in the courtroom in accordance with the Rules Governing Camera Coverage of Courtroom Proceedings.

(As amended by order entered July 1, 1991, effective August 1, 1991.)

Rule 10. Appearance on behalf of corporations.

A corporation may appear by any attorney licensed to practice in this State, and may also appear by any officer or employee of the corporation. If a non-attorney is employed solely for the purpose of representing such corporation in legal matters, such person must be a full-time employee of the corporation.

Rule 11. Copies.

(a) Photocopies. — The clerk shall provide photocopies of magistrate court records to any person requesting such copies. With the exception of copies for parties authorized to receive the services of the court without cost, the clerk shall charge $.25 per page for each copy. Any request for photocopies that is unreasonably burdensome in terms of quantity, time, or manner of photocopying may be denied or delayed.

On or before the tenth day of the month following the month of their collection, the clerk shall forward to the Administrative Office, by check payable to the State of West Virginia, all fees collected for photocopies.

(b) Facsimile transmissions. — The clerk may send or receive facsimile transmissions involving court-related business. With the exception of transmissions for parties authorized to receive the services of the court without cost, the clerk shall charge $2.00 per page transmitted at the request of any person other than a judicial officer or employee.

(As amended by order entered July 10, 1996, effective September 1, 1996.)

Rule 12. Retention of records.

All records of magistrate courts shall be retained by the clerk pursuant to the following schedule, in either paper or a microphotographic, digital, or other format which employs a process for image-storing of documents in a reduced size. The format must conform to the applicable policy approved by the Supreme Court Administrative Director.

(a) Traffic and natural resources citations. — (Except DUI and driving while revoked for DUI)

(1) Dismissed. — Retain all records for one year after dismissal and completion of the applicable annual State Auditor's Report pursuant to W. Va. Code § 50-3-8.

(2) Failure to appear, no warrant issued. — One year after the date of citation, transfer to inactive status; retain all records for five years after date of citation.

(3) Failure to appear, warrant issued but unexecuted. — One year after date of warrant, transfer case to inactive status, and retain all records for 10 years after date of warrant.

(4) Fine assessed but unpaid. — Retain all records for five years after last collection effort.

(5) Fine paid. — Retain all records for one year after payment and completion of the applicable annual State Auditor's Report pursuant to W.Va. Code § 50-3-8.

(6) Appeal. — Forward all records to the circuit clerk and retain the file transfer sheet signed by the circuit clerk for 10 years.

(b) DUI and driving while revoked for DUI.

(1) Retain all records for 10 years after dismissal or conviction date.

(2) Appeal. — Forward all records to the circuit clerk and retain the file transfer sheet signed by the circuit clerk for 10 years.

(c) Malicious or unlawful assault; assault; battery; unlawful restraint; domestic assault; and domestic battery. — Retain all records for 10 years after conviction or dismissal date; for any case resulting in a conviction or pre-trial diversion dismissal, retain the following records for 75 years after conviction or dismissal date: criminal complaint; arrest warrant or summons; rights/waiver form; bail agreement; and judgment or dismissal order (case history sheet or separate order, whichever is applicable).

(d) All other misdemeanors.

(1) Dismissed. — Retain all records for 10 years after dismissal date

(2) Warrant issued but unexecuted. — One year after date of warrant, transfer case to inactive status; retain all records for 10 years after date of warrant.

(3) Fine assessed but unpaid. — Retain all records for 75 years after conviction date.

(4) Fine paid and sentence served. — Retain all records for 75 years after conviction date.

(5) Appeal. — Forward all records to the circuit clerk and retain the file transfer sheet signed by the circuit clerk for 10 years.

(e) Felonies.

(1) Preliminary hearing, probable cause found. — Forward all records to circuit clerk and retain the file transfer sheet signed by the circuit clerk for 10 years.

(2) Preliminary hearing, no probable cause found. — Retain all records for one year.

(3) Complaint dismissed prior to preliminary hearing. — Retain all records for one year.

(4) Preliminary hearing waived. — Forward all records to the circuit clerk and retain the file transfer sheet signed by the circuit clerk for 10 years.

(5) Felony dismissed in exchange for plea to misdemeanor. — Follow retention schedule for misdemeanors above.

(6) Unserved felony warrants. — Retain criminal complaint and warrant for 75 years.

(f) Civil.

(1) Judgment dismissing complaint. — Retain all records for one year following dismissal date.

(2) Judgment awarding relief. — Retain all records for 10 years from last collection activity.

(3) Judgment appealed. — Forward all records to the circuit clerk and retain the file transfer sheet signed by the circuit clerk for 10 years.

(g) Civil Domestic Violence.

(1) Denied emergency protective orders. — Retain all records in paper or electronic form for 10 years.

(2) Granted emergency protective orders. — Forward all records to the circuit clerk and retain file transfer sheet signed by the circuit clerk for 10 years.

(h) Worthless Check Notices. — Retain for one year after receipt of the audit report applicable annual State Auditor's Report and resolution of any audit exceptions.

(i) Fugitive from Justice. — Forward all records to the circuit clerk; retain file transfer sheet signed by circuit clerk for 10 years.

(j) Personal safety cases. — Retain all records in paper or electronic form for 10 years. If appealed, forward all records to the circuit clerk and retain transfer sheet signed by the circuit clerk for 10 years.

(k) Fiscal/Administrative. — Retain all records for one year after receipt of the audit report and resolution of audit exceptions.

(l) Miscellaneous records. — Retain any other record, including search warrants, for 10 years.

(m) Official audit reports. — Retain official annual State Auditor's Report for 10 years from the conclusion of the covered audit period.

(n) Electronic recordings. — For any recorded court hearing not forwarded to the circuit clerk, retain recording for one year after hearing.

As amended by order entered and effective May 22, 2007; as amended by order entered and effective March 11, 2015.