Rule 74.Books and Records Kept by Clerk and Entries Therein.
Last amended October 15, 2014 · Last verified July 6, 2026
Full Text of Rule 74
Amendment History
(Adopted by SCO 5 October 9, 1959; amended by SCO 152 effective April 20, 1972; by SCO 163 effective May 30, 1973; by SCO 554 effective April 4, 1983; by SCO 1098 effective January 15, 1993; by SCO 1153 effective July 15, 1994; by SCO 1210 effective July 15, 1994; and by SCO 1829 effective October 15, 2014)
Plain-English Summary
The clerk marks every filed paper with the case number and filing date, keeps it in chronological order in the case file, and maintains an alphabetical index of every civil case and party. The clerk also keeps a record of every final judgment or order, prepares a calendar of scheduled hearings and trials that distinguishes jury from nonjury matters and is posted publicly, and keeps whatever other records the administrative director of courts requires. Court files generally can't leave the clerk's custody, though a judge, master, examiner, magistrate judge, or court reporter can check papers out with a signed receipt for use elsewhere.
After final judgment and the time to appeal or petition for review has passed, models, diagrams, exhibits, and depositions are returned to the party who submitted them without needing copies on file; the same happens sooner if the parties stipulate to waive their appeal rights. If items aren't returned or withdrawn this way, the clerk destroys them or disposes of them as the court approves, though the court can always make a different order for special reasons. A document a lawyer presents to the court ex parte and gets signed is treated as being in the court's custody, and generally has to go straight to the clerk for filing unless the judge or the judge's secretary wants to hold it in chambers for later delivery.
Frequently Asked Questions
What happens to trial exhibits and depositions after a case is over?
Once final judgment is entered and the time to appeal has passed, they're returned to the party who submitted them; if the parties waive their appeal rights by stipulation, they can be withdrawn even sooner.
Can I take a case file out of the clerk's office to review it?
Court records stay with the clerk unless another rule or a court order says otherwise; a judge, master, examiner, magistrate judge, or court reporter may take papers for use elsewhere after leaving a signed receipt.
Is the court's hearing schedule available to the public?
Yes — the clerk prepares a calendar of scheduled hearings and trials, distinguishing jury from nonjury cases, and a copy is posted in a public place in the courthouse.