Audio records and annotations are retained for the period of time specified and determined by retention schedules authorized by the Chiefs offices for the Superior Court of Justice and the Ontario Court of Justice.
Should an ordering party request a transcript of a matter that is no longer required to be retained as per the Retention Schedules chart below, advise the ordering party that the matter is beyond the retention schedule and may not be available to be transcribed. Also it may be unable to be transcribed if the proceeding was reported in shorthand, stenograph or stenomask.
Inquire at the court site where the proceeding was heard to ascertain if an audio recording is still available, and if so, the matter may be transcribed as requested.
Below is a simplified chart setting out a consolidation of the timelines pertaining to
retention of in-court records.
RETENTION SCHEDULES
ONTARIO AND SUPERIOR COURTS OF JUSTICE
| YEARS | TYPE OF RECORD | TO BE RETAINED FROM |
|---|---|---|
| 30 | Dangerous Offender | Date of judgment |
| 30 | First Degree Murder (SCJ only) | Date of judgment or verdict |
| 20 | Second Degree Murder (SCJ only) | Date of judgment or verdict |
| 30 | Not guilty - Insanity | Date of judgment or verdict |
| 6 | Justice of the Peace Intake | Date of judgement or verdict |
| 3 | YCJA (OCJ) | Completion of the sentence |
| 5 | YCJA (Indictable Offence) | Completion of the sentence |
| 2 | Small Claims Court | Date of judgment |
Note: First and Second Degree Murder Proceedings Heard Prior to September 1, 1990
Prior to September 1, 1990 the Supreme Court of Ontario was the court of jurisdiction for first and second degree murder proceedings in Ontario. Inquiries concerning the availability of ordering a transcript for one of these proceeding may be made to the Superior Court of Justice at 361 University Avenue in Toronto, Telephone 416-327-5550.
Note: If the matter was appealed at the time, transcribed and certified for the Court of Appeal, the court reporting records according to the schedule are only required to be retained for two years. If the matter was not appealed at the time, the retention period is 30 years.
Requests for Transcripts No Longer Available Due to Court Retention Schedules
When a transcript order is received for a matter where the recording can be disposed of in accordance with the Court Reporters Retention Schedules and the records have not yet been destroyed, a transcript preparation package can be forwarded to the ACT for transcription as requested unless prohibited by law.
When the requested matter has been disposed of as authorized by the Court Reporters Retention Schedules and the ordering party requests a letter setting out that a transcript is not able to be produced, to the court office where the proceeding took place.