Court files, exhibits, court reporter notes and/or tapes/disks, and any and all other documents and records under the control of the Clerk of the District Court, even for storage purposes, relating to a criminal case are not to be destroyed so long as a defendant is under the custody of the Nebraska Department of Correctional Services (i.e., in custody or on parole) or subject to lifetime community supervision by the Office of Parole Administration. If a question arises about whether a file or documents relating to a particular criminal case older than 20 years should be destroyed, the judge to whom the case is assigned or, if not specifically assigned to a sitting judge, then the sentencing judge's successor, should be asked about the status of the case. (If there is not a successor judge, the case should be randomly reassigned and presented to the judge to whom it is assigned.)

Approved June 23, 2010.