public-service · federal court case file retention schedule
What Governs How Long a Federal Court Case File Is Kept
Three national schedules cover federal judiciary records. Here is what the U.S. Courts' own governing documents say about retention and authority.
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Updated: Sources: 2
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What matters now
- Three national schedules cover federal judiciary records: Schedule 1 (appellate courts), Schedule 2 (district courts, bankruptcy courts, and other specialized courts), and Schedule 3 (federal public defenders).
- Schedule 2 is a mandatory schedule jointly approved by the Judicial Conference of the United States and the Archivist of the United States.
- Schedule 2 applies to existing court records except judges' personal files.
- The Archivist of the United States keeps ongoing authority under 44 U.S.C. chapter 21 to take historically valuable records into the National Archives after the schedule's retention period expires.
- If a statute and the schedule set different retention periods for the same records, the longer period governs.
The U.S. Courts’ records materials identify three national schedules for different parts of the federal judiciary. Schedule 2 is a mandatory schedule jointly approved by the Judicial Conference of the United States and the Archivist of the United States. It also states that the Archivist retains authority to accession records with historical or other value after the listed retention period ends.
This original record-reading guide is a general reading aid, not cited evidence. It does not depict a source record; the article text and source links provide the facts.
Key points
- Three national schedules cover different federal judiciary records: Schedule 1, Schedule 2, and Schedule 3 (U.S. Courts schedules).
- Schedule 2 is a mandatory schedule jointly approved by the Judicial Conference of the United States and the Archivist of the United States (Schedule 2).
- Schedule 2 applies to existing covered records except judges’ personal files (Schedule 2).
- The Archivist of the United States retains authority under 44 U.S.C. chapter 21 to accession records with historical or other value after the retention period expires (Schedule 2).
- If a statute and the schedule set different retention periods for the same records, the longer period applies (Schedule 2).
Three judicial schedules
The U.S. Courts maintain separate national schedules for different tiers of the federal judiciary. Schedule 1 “covers records of the courts of appeals, the former Court of Customs and Patent Appeals, the former Temporary Emergency Court of Appeals, circuit judicial councils, bankruptcy appellate panels, and circuit judicial conferences” (U.S. Courts, Court Record Schedules).
Schedule 2 states that it covers records of United States district courts, bankruptcy courts, territorial district courts, the Judicial Panel on Multidistrict Litigation, the U.S. Court of Federal Claims and predecessor courts, the U.S. Court of International Trade, and the Special Court, Regional Rail Reorganization Act of 1973 (U.S. Courts, Guide to Judiciary Policy, Vol. 10, Ch. 6, Appx. 6B).
Schedule 3 covers a separate category entirely: “This document covers records of the federal public defender organizations” (U.S. Courts, Court Record Schedules).
Schedule 2 approval
Schedule 2 is not a staff-level guideline; it carries formal, dual sign-off: “This mandatory schedule has been approved by the Judicial Conference of the United States and the Archivist of the United States. It applies to existing records of these courts, councils, and conferences, except the personal files of judges” (U.S. Courts, Guide to Judiciary Policy, Vol. 10, Ch. 6, Appx. 6B). That one carve-out — judges’ personal files — is the schedule’s own stated boundary on what it covers.
Retention endpoints
A retention period expiring does not mean automatic, irreversible loss. The Archivist of the United States holds a standing, separate authority to step in: “The Archivist of the United States retains the authority, as part of the National Archives and Records Administration (NARA), to accession any records having historical or other value upon the expiration of the retention period specified in this schedule. See: 44 U.S.C. chapter 21” (U.S. Courts, Guide to Judiciary Policy, Vol. 10, Ch. 6, Appx. 6B).
The schedule also flags which records that authority is most likely to reach: “Records of historical value are designated ‘Permanent’ in this schedule” (U.S. Courts, Guide to Judiciary Policy, Vol. 10, Ch. 6, Appx. 6B).
Statute-schedule conflicts
The schedule states: “To the extent that the retention period specified in this schedule may vary from any statutory provision, the longer period of retention, whether in the statute or schedule, applies” (U.S. Courts, Guide to Judiciary Policy, Vol. 10, Ch. 6, Appx. 6B).
The version of Schedule 2 quoted here carries its own revision marker: “Last revised (Transmittal 10-044) March 18, 2026” (U.S. Courts, Guide to Judiciary Policy, Vol. 10, Ch. 6, Appx. 6B).
What this does not tell you
These governing documents establish the retention and authority language quoted above; they do not establish the status of any particular case file or its current location.