Wis. SCR 72.03 (2026)

SCR 72.03 Destruction of original court record after microfilming or electronically or optically storing. (1) In this rule, "suitably microfilmed or microphotographed" means being microfilmed or microphotographed, to the extent practicable, in accordance with the minimum standards for 323

microfilming and microphotographing as established by the American National Standards Institute. (2) Notwithstanding the provisions of SCR 72.01, any record of a court that has been suitably microfilmed may be destroyed in accordance with SCR 72.02(1) or (2) 2 years after entry of final order in the action for which the record is maintained or 2 years after filing for records not specifically related to court actions. (3) (a) Except as provided in par. (b) or in sub. (4), any record of a court that has been electronically or optically stored and preserved in accordance with SCR 72.05 may be destroyed in accordance with SCR 72.02(1) and (2) 48 hours after the record has been electronically or optically stored. A clerk of circuit court is not required to provide notice of destruction to the State Historical Society of Wisconsin when the record has been electronically or optically stored. Notice of destruction to the State Historical Society of Wisconsin is required when the electronically or optically stored record will be destroyed once the retention period under SCR 72.01 has expired. (b) An original will deposited by a testator with the register in probate of the court of the county where the testator resides, pursuant to s. 856.03, stats., may be electronically or optically stored after notice of the testator's death is received and such will is opened by court, but may not be destroyed until the expiration of the applicable retention period established in SCR 72.01(35). An original will deposited after the death of a testator, pursuant to s. 856.05, stats., where there is no estate to probate may also be electronically or optically stored but may not be destroyed until the expiration of the applicable retention period established in SCR 72.01(36). An original will deposited with the register in probate and admitted to probate, pursuant to s. 856.19, stats., may be electronically or optically stored. Such will may be destroyed two years after case closure, provided it is electronically or optically stored. (4) Exhibits specified in SCR 72.01(45), (46), and (46r) of a documentary nature that are electronically or optically stored may be destroyed after 48 hours if the exhibit submitted to the court is a copy and not the original document. If the exhibit the court has received is an original document, the exhibit may be destroyed 180 days after entry of a final order or judgment, provided that it has been offered to 324

the proffering party, unless the time for appeal has been extended under ss. 809.107, 809.30, or 809.32, stats. In the event of an extension, the exhibit may be destroyed 30 days after the post- termination or post-conviction deadline has expired.