Rule4-203. Designating a case as historically significant.

Intent:

To establish a process by which records of ahistorically significant case can be assembled and retained permanently.

Applicability:

This rule applies to all case records.

This rule does not affect rules governingthe expungement of records or the classification of records as not public.

This rule does not affect rules governingthe disposition of exhibits.

Statement of the Rule:

(1) Any case appealed to the United StatesSupreme Court or any case in which the United States Supreme Court has issued awrit of certiorari is designated as historically significant.

(2) Any time before a case is destroyed, any person may file in the court of origin amotion to designate the case as historically significant. The motion shallidentify the reasons for designating the case ashistorically significant. The motion shall identify all courts that haverecords directly related to the case, and the clerk of the court of originshall immediately notify those clerks of court not to destroy any such records.The motion shall be decided by the Presiding Judge. Any judge may designate acase as historically significant without a motion.

(3) In deciding whether to designate thecase as historically significant, the court may consider any relevant factor,including whether the case:

(3)(A) has beenfrequently cited;

(3)(B) presented a rare legal issue orcontroversy;

(3)(C) caused a change in law or policy;

(3)(D) had long term or wide spread legalsignificance;

(3)(E) affected a large portion of thecommunity;

(3)(F) was well-known in the community;

(3)(G) was controversial in the community;

(3)(H) wasgenerally viewed in the community as important;

(3)(I) involved a well-known person; or

(3)(J) was thesubject of a well-known book or film.

(4) If a case is designated as historicallysignificant, the clerk of the court of origin shall:

(4)(A) record thedesignation in the register of actions;

(4)(B) consolidateall directly related records from all courts; and

(4)(C) transfer therecords to the State Archives for permanent retention.