Legal Question in Criminal Law in Nebraska

Re: destroying pre-liminary hearing testimony prior to the trial

To my knowledge, it is not permissible to destroy records in a criminal case while that matter pends. However, the county court considers the case closed when it is bound over to district court.

I have been told that some courts retain tapes for six months only. I am unaware of any legal authority for this, though there may be something in local rules that may allow for it. It would seem that this would run afoul of the rules for court reporters which provide as follows:

"RULE 10. CUSTODY OF TRIAL RECORDS AND DOCUMENTS:

a. All shorthand notes, tape recordings, log sheets, or any other material used in making the record in court shall remain in the custody of the official reporter until such time as the

reporter's employment is terminated, or until he or she is disabled or incapacitated. Upon the occurrence of any of the above, control of all such materials shall then be transferred to the clerk of the district court... The official reporter may, with the approval of the clerk of the district court, transfer permanent storage containers to the clerk of the district court at any time. Responsibility for the retrieval, research, and refiling of the notes contained in the storage files shall lie with the reporter or his or her successor(s)...

b. Except as it shall become necessary to include exhibits in bills of exceptions being prepared in connection with appeals to the Supreme Court or Court of Appeals, all exhibits shall be retained by the official reporter until a matter is terminated, at which time responsibility for the safekeeping of such exhibits shall pass to the clerk of the district court, unless otherwise ordered by a district judge pursuant to law...."