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Arizona State Laws on Optical Images

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State Archivist and Records Manager:

Arlene Bansal, Director

Dept. of Library, Archives & Public Records

1700 W. Washington, #200, Phoenix AZ 85007

602-542-4035 fax: 602-542-4972


David H. Hoober, State Archivist

Dept. of Library, Archives & Public Records

1700 W. Washington #442, Phoenix AZ 85007

602-542-4159 fax: 602-542-4402

dahoobe@dlapr.lib.az.us


Martin Richelsoph, Records Mgmt. Div. Director

1919 W. Jefferson Phoenix AZ 85009

602-542-3741 fax: 602-542-3890

mariche@dlapr.lib.az.us


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12-120.09. Duties of clerk; records; certified copies


A. The clerk of each division shall:


1. Issue writs and processes of the court.


2. Enter, under the direction of the court, all orders, judgments and

decrees required to be entered, the title of each action, the date of

filing it in the court of appeals, and a memorandum of all subsequent

proceedings, with the date and the fees charged.


3. Keep such other books of record and perform such other duties as

required by law or the court.


B. The clerk shall furnish a certified copy of any record or proceeding of

the court upon receiving the fee therefor, except that no fee shall be

required from state or other public officers whose duties require such

certified copy.


C. The clerk of each division of the court of appeals may destroy or

provide for the destruction of all documents, records, instruments, books,

papers, depositions, exhibits and transcripts in any action or proceeding

in the court of appeals, or otherwise filed or deposited in the clerk's

custody pursuant to rules established by the supreme court.


D. A photographic or electronic reproduction or image of any of the records

described in this section, which has been certified by the person in charge

of such reproduction as being an exact replica of the original, shall be

received in evidence in all courts, and in hearings before any officer,

board or commission having jurisdiction or authority to conduct such

hearings, in like manner as the original.


E. The clerk shall notify the director of the department of library,

archives and public records of records designated for destruction pursuant

to court rules. The department, during the time prescribed by court rule,

may review and inspect these records. During this time period, the

department may remove any of these records for storage and retrieval.


12-282. Custody of records filed; purging; destruction; microphotography;

electronic imaging; evidence; withdrawal of voucher exemption


A. The clerk shall keep custody at the county seat, and shall take charge

of and safely keep and dispose of according to court rules, all books,

papers and records which may be filed or deposited in custody.


B. The clerk may destroy all documents, records, instruments, books,

papers, depositions, exhibits and transcripts in any action or proceeding

in the superior court, or otherwise filed or deposited in custody pursuant

to rules established by the supreme court.


C. The clerk shall notify the director of the department of library,

archives and public records of records designated for destruction pursuant

to court rules. The department, during the time prescribed by court rule,

may review and inspect these records. During this time period, the

department may remove any of these records for storage and retrieval.


D. A photographic or electronic reproduction or image of any of the records

described in this section, which has been certified by the clerk in charge

of such reproduction or imaging as being an exact replica of the original,

shall be received in evidence in all courts, and in hearings before any

officer, board or commission having jurisdiction or authority to conduct

such hearings, in like manner as the original.


E. The clerk may produce an abstract of marriage in lieu of a reproduction

of the recorded marriage license. An abstract of marriage shall include the

name of the bride at the time of the marriage, the name of the groom, the

date of the marriage and the date on which the marriage license was

recorded.


F. Any voucher filed in support of an account by a trustee, a personal

representative or any litigant may be withdrawn if a certified copy is

retained on file. Pursuant to court rules the clerk may destroy the voucher

or, if requested to do so, deliver the voucher to the trustee, personal

representative or litigant. No notification is necessary prior to

destruction of such vouchers.


G. The provisions of section 8-247 shall be exempt from the provisions of

this section.


20-157. Access and powers relating to insurers' records


A. Every person being examined, its officers, employees, agents and

representatives shall produce and make freely accessible to the director or

his examiners the accounts, records, documents, files, assets and matters

in his possession or control relating to the subject of the examination.


B. If the director finds accounts to be inadequate, or improperly kept or

posted, he may employ experts to rewrite, post or balance them at the

expense of the person being examined if such person has failed to complete

or correct such accounting after the director has given him notice and a

reasonable opportunity to do so.


C. If the director deems it necessary to value any real estate involved in

any examination, he may employ one or more competent appraisers for the

purpose, and the reasonable expense thereof shall be a part of the cost of

examination to be borne by the person being examined.


D. Any insurer, agent or broker may cause its accounts, records, documents

and files described in subsection A of this section to be created,

recorded, copied or reproduced by any photographic, photostatic, microfilm,

microcard, miniature photographic, optical disk, electronic imaging,

electronic data processing, electronically transmitted facsimile, printout

or reproduction of electronically stored data or other process which

accurately reproduces or forms a durable medium for storing the account,

record, document or file. If the items so stored are not the original, the

original may be destroyed unless held in a custodial or fiduciary capacity,

but only if the data is easily accessible to the department in readable

form and readable reproduced copies are obtainable. A record so stored is

admissible in evidence as the original in any judicial or administrative

proceeding whether the original is in existence or not. The introduction of

a reproduced record does not preclude admission of the original. This shall

not be construed to exclude from evidence any document or copy thereof

which is otherwise admissible under the rules of evidence.


11-479. Destruction of records; requirements; exception


A. The county recorder may destroy, under the provisions of sections

41-1339, 41-1343, 41-1344, 41-1345, 41-1345.01 and 41-1346 through 41-1351,

any or all of the filed papers or record books created by handwriting, by

typing on printed forms, by typewriting or by photostatic or photographic

methods in the recorder's official custody, except federal tax lien notices, if all of the following conditions exist:


1. The record, paper or document is photographed or reproduced by any other

method under the direction and control of the county recorder on electronicmedia or film of a type approved for permanent record by the department of

library, archives and public records.


2. The device used to reproduce such record, paper or document on film or

electronic media is one which accurately and legibly reproduces the

original thereof in all details.


3. The photographs or other reproductions on film or electronic media are

made as accessible for public reference as the book records were.


4. A true copy of archival quality of such film or electronic media

reproduction is kept in a safe and separate place for security purposes.


B. No page of any record, paper or document shall be destroyed if any such

page cannot be reproduced on film or electronic media with full legibility.

Every such unreproducible page shall be permanently preserved in a manner

that will afford easy reference.

 

 

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