Rule 2.316.Removal of Disclosure and Discovery Materials From File

Current through May 1, 2026 · Last verified July 6, 2026

In one sentenceRule 2.316 explains when disclosure and discovery materials filed with the court can be pulled from the file and destroyed -- by the parties' stipulation, by the clerk after a waiting period once a case is over, or by court order -- and requires notice before the clerk destroys anything on its own.

Full Text of Rule 2.316

Text sizeJump to: (A) (B)

(A) Definition. For the purpose of this rule, “disclosure material” means disclosures under MCR 2.302(A) and “discovery material” means deposition transcripts, audio or video recordings of depositions, interrogatories, and answers to interrogatories, documents produced during discovery and made a part of the court file, and requests to admit.

(B) Removal from File. In civil actions, disclosure and discovery materials may be removed from files and destroyed in the manner provided in this rule.

(1) By Stipulation. If the parties stipulate to the removal of disclosure and discovery materials from the file, the clerk may remove the materials and dispose of them in the manner provided in the stipulation.

(2) By the Clerk.

(a) The clerk may initiate the removal of disclosure and discovery materials from the file in the following circumstances.

(i) If an appeal has not been taken, 18 months after entry of judgment on the merits or dismissal of the action.

(ii) If an appeal has been taken, 91 days after the appellate proceedings are concluded, unless the action is remanded for further proceedings in the trial court.

(b) The clerk shall notify the parties and counsel of record, when possible, that disclosure and discovery materials will be removed from the file of the action and destroyed on a specified date at least 28 days after the notice is served unless within that time

(i) the party who filed the disclosure or discovery materials retrieves them from the clerk's office, or

(ii) a party files a written objection to removal of disclosure or discovery materials from the file. If an objection to removal of disclosure or discovery materials is filed, the materials may not be removed unless the court so orders after notice and opportunity for the objecting party to be heard. The clerk shall schedule a hearing and give notice to the parties. The rules governing motion practice apply.

(3) By Order. On motion of a party, or on its own initiative after notice and hearing, the court may order disclosure and discovery materials removed at any other time on a finding that the materials are no longer necessary. However, no disclosure or discovery materials may be destroyed by court personnel or the clerk until the periods set forth in subrule (2) (a)(i) or (2)(a)(ii) have passed.

End

Amendment History

Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.

Plain-English Summary

Depositions, interrogatory answers, discovery documents, and requests to admit tend to pile up in a court file long after a case is resolved, and Rule 2.316 gives courts a way to clear them out. The parties can stipulate to removing the materials and let the clerk dispose of them however the stipulation says. Absent an agreement, the clerk can start the process on its own: 18 months after judgment or dismissal if no appeal was taken, or 91 days after the appellate proceedings wrap up (unless the case comes back down for further trial-court proceedings) if one was. Either way, the clerk has to notify the parties and their attorneys, when possible, giving at least 28 days before the materials are destroyed, and during that window either side can retrieve its own filed materials or file a written objection; an objection stops the destruction until the court holds a hearing and decides otherwise.

A court can also order the materials removed at any other time, on its own initiative or a party's motion, after notice and a hearing, if it finds the materials are no longer needed — but even then, nothing can be destroyed by court personnel or the clerk before the standard 18-month or 91-day waiting periods have run.

Frequently Asked Questions

How long does the court keep discovery materials on file after my case ends?

Absent a stipulation or court order, at least 18 months after judgment or dismissal if there was no appeal, or 91 days after the appeal concludes if there was one, and the clerk still has to give 28 days' notice before destroying anything.

Can I get my discovery materials back before they're destroyed?

Yes. Once the clerk sends notice that materials will be destroyed on a specified date, you have until then to retrieve your own filed materials or object to the removal.

Can materials be destroyed sooner than the standard waiting period?

No. Even if the court orders materials removed earlier because they're no longer needed, court personnel and the clerk still can't destroy them until the standard 18-month or 91-day period has passed.

Source & verification. The rule text is reproduced verbatim from the official Michigan Court Rules (MCR 2.316). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: removal of discovery materials from file Michigandestroying deposition transcripts Michigan