Indiana Supreme Court
Division of State Court Administration
30 S. Meridian Street, Ste. 500
Indianapolis, IN 46204

Lilia G. Judson, Esq.
Executive Director

David J. Remondini, Esq.
Chief Deputy Executive Director

Pho: 317-232-2542
Fax: 317-233-6586

Complete Staff Listing

State Court Administration > Publications > Administrative Rule (AR) 6: Standards and Policies Administrative Rule (AR) 6: Standards and Policies

See the complete text of Administrative Rule 6.

See also Administrative Rule 16.

Important sections of Rule 16 that you should be aware of include:

(B) Approval. Courts wishing to establish an electronic filing or an electronic service pilot project pursuant to these rules must submit a written request for approval and a plan to the Division of State Court Administration. The Division shall define the necessary elements of the plan. At a minimum, the plan must state if and how the system is compatible with the clerk's office and other court users, if it is accessible to the public, if it is accessible to self-represented litigants, if and what sort of fees will be charged, and all technical details relevant to the approval process. The plan must also include a process for archival record retention that meets the permanent and other record retention requirements of the Indiana Rules of Court.

(H) Original Document. Until such time that a Court implements a process approved by the Division of State Court Administration for the permanent retention of electronically transmitted, served or maintained documents, the Court must maintain a traditional paper copy of all electronic documents required to be maintained pursuant to the Indiana Rules of Court in the medium required. Upon the approval by the Division of State Court Administration of a permanent record retention process for electronically filed and served documents, a Document filed or served through an E-filing system shall be deemed an original record. Attorneys and self-represented parties must retain signed copies of such electronically filed documents and, upon the Court's request, must provide such documents to the Court.

Policies for scanning the Record of Judgments and Orders (RJO) with Disposition of the Paper Copy

Background Sources for Policy

Trial Rule 77 requires the court and its clerk to maintain the RJO, as follows: "(D) Record of judgments and orders (order book). The clerk of the circuit court shall maintain a daily, verbatim, compilation of all judgments of the court, designated orders of the court, orders and opinions of an appellate tribunal relating to a case heard by the court, local court rules under Trial Rule 81, certification of the election of the regular judge of the court, any order appointing a special judge, judge pro tempore, or temporary judge, the oath and acceptance of any judge serving in the court, any order appointing a special prosecutor, and the oath and acceptance of a special prosecutor. The record of judgments and orders may be kept in a paper format, on microfilm, or electronically. . . "

"(J) Method of record keeping. Under the direction of the Supreme Court of Indiana, the clerk of the circuit court may, notwithstanding the foregoing sections, keep records in any suitable media. The record keeping formats and systems and the quality and permanency requirements employed for the chronological case summary, the case file, and the record of judgments and orders (order book) shall be approved by the division of state court administration for compliance with the provisions of this rule."

Court records scanned from paper documents are fundamentally different from records that are solely retained in electronic formant. This is result of the fact that manual handling of records and mechanical processes to convert paper records to electronic or digital format are subject to error and/or failure. Records that are created in an electronic format and are subsequently retained in electronic formal are not subject to these same manual and mechanical issues.

Administrative Rule 16 (C) Approval. "Courts wishing to establish an electronic filing or an electronic service pilot project pursuant to these rules must submit a written request for approval and a plan to the Division of State Court Administration. . . . The plan must also include a process for archival record retention that meets the permanent and other record retention requirements of the Indiana Rules of Court."

AdminRule 16(I) Original Document. "Until such time that a Court implements a process approved by the Division of State Court Administration for the permanent retention of electronically transmitted, served or maintained documents, the Court must maintain a traditional paper copy of all electronic documents required to be maintained pursuant to the Indiana Rules of Court in the medium required. Upon the approval by the Division of State Court Administration of a permanent record retention process for electronically filed and served documents, a Document filed or served through an E-filing system shall be deemed an original record. Attorneys and self-represented parties must retain signed copies of such electronically filed documents and, upon the Court's request, must provide such documents to the Court."

Factors

(1) The Court and its clerk must submit an imaging certification proposal for conversion of court records created and maintained in a paper format to digital imaging to the Division of State Court Administration.

(2) Such approval of this certification of a court's imaging system generally is limited to the scanning of court case files.

(3) Scanning of permanent court records (the CCS and the RJO) requires an enhanced certification process.

(4) This enhanced certification process consists of:

(a) Definition of procedures to guarantee 100% scanning of each page through:

(1) the numbering of each page, with verification of the page count with the imaging count

(2) verification of each page appearing as a scanned image against its original document as a separate audit upon completion of an RJO ledger.

(b) Submission and approval by the Division of State Court Administration of the enhanced certification form, including the ability of the Division to randomly audit such system, before destruction of the paper-based copies is approved. [This form is available from our office.]