§ 1952.3.Destruction or other disposition of exhibits, depositions,

Title 2. Of the Kinds and Degrees of Evidence · Chapter 3. Writings · Article 3. Private Writings · Last amended 1991 · Last verified July 29, 2026

In one sentenceSection 1952.3 lets a court, on its own motion, order destruction of exhibits, depositions, or administrative records that have sat in its custody for five years after an unappealed judgment or final determination on appeal, or in some cases for ten years, subject to a party's request for preservation and extra protection for sealed files.

Full Text of § 1952.3

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Notwithstanding any other provision of the law, the court, on its own motion, may order the destruction or other disposition of any exhibit, deposition, or administrative record introduced in the trial or posttrial hearing of a civil action or proceeding or filed in the action or proceeding that, if appeal has not been taken from the decision of the court in the action or proceeding, remains in the custody of the court or clerk five years after time for appeal has expired, or, if appeal has been taken, remains in the custody of the court or clerk five years after final determination thereof, or that remains in the custody of the court or clerk for a period of five years after any of the following:

(a) A motion for a new trial has been granted and a memorandum to set the case for trial has not been filed, or a motion to set for trial has not been made within five years.

(b) The dismissal of the action or proceeding.

In addition, the court on its own motion, may order the destruction or other disposition of any exhibit, deposition, or administrative record that remains in the custody of the court or clerk for a period of 10 years after the introduction or filing of the action or proceeding if, in the discretion of the court, the exhibit, deposition, or administrative record should be disposed of or destroyed.

The order shall be entered in the register of actions of each case in which the order is made.

No exhibit, deposition, or administrative record shall be ordered destroyed or otherwise disposed of pursuant to this section if a party to the action or proceeding files a written notice with the court requesting the preservation of any exhibit, deposition, or administrative record for a stated time, but not to exceed one year.

Any sealed file shall be retained for at least two years after the date on which destruction would otherwise be authorized pursuant to this section.

End

Plain-English Summary

This section is the long-term cleanup provision behind Section 1952. Once five years have passed since the time to appeal ran out without an appeal, or five years since a case was finally determined on appeal, the court can order on its own motion that whatever exhibits, depositions, or administrative records remain in its custody be destroyed or otherwise disposed of. That same five-year clock also runs from a granted new-trial motion that never got reset for trial, or from dismissal of the action.

Beyond that, the section gives courts a further, broader housekeeping power: anything sitting in custody for ten years after it was introduced or filed can be destroyed at the court's discretion, independent of any of the five-year triggers. Every such order gets entered in the register of actions for the case. As with Section 1952, a party can block destruction by filing a written request to preserve an item for a stated period up to one year, and sealed files get extra protection, staying in custody for at least two years past whatever date would otherwise authorize their destruction.

Frequently Asked Questions

How long must exhibits and records sit in court custody before this section allows destruction?

Generally five years after the appeal period expired unappealed, or five years after final determination on appeal, with related five-year triggers tied to a granted new-trial motion or dismissal.

Is there a separate rule for older materials regardless of how the case ended?

Yes. The court may also order destruction of anything in its custody for ten years after it was introduced or filed, at its discretion.

Can a party stop these materials from being destroyed?

Yes, by filing a written notice requesting preservation for a stated time, not to exceed one year, the same protection Section 1952 provides.

Do sealed files get any extra protection under this section?

Yes. A sealed file must be retained at least two years beyond the date destruction would otherwise be authorized.

Amendment History

(Added by Stats.1984, c. 250, § 3. Amended by Stats.1985, c. 875, § 1; Stats.1990, c. 382 (A.B.3408), § 2; Stats.1991, c. 1090 (A.B.1484), § 9.)

Source & verification. Section text is reproduced verbatim from the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

Also known as: five year destruction of court exhibitssealed file retention period california court