(a) Retention of original discovery documents. A party or attorney possessing original deposition transcripts, original responses to interrogatories, original requests for admissions, original requests for production or other original matters produced during discovery must retain those documents until the case is closed.
K.S.A. 60-270.Retaining original records until case closed
Last amended July 1, 2011 · Last verified July 28, 2026
In one sentenceK.S.A. 60-270 requires a party or attorney holding original discovery documents -- deposition transcripts, interrogatory responses, admissions requests, production requests, and similar originals -- to keep them until the case closes, then allows their disposal unless a protective order, rule, statute, or agreement says otherwise, and it defines when a case counts as closed.
Full Text of K.S.A. 60-270
(b) Destruction or disposition of original discovery documents. Except as provided in subsection (c), when the case has been closed the party or attorney possessing the original documents specified in subsection (a) may destroy or dispose of them.
(c) Original discovery documents subject to order, rule, statute or agreement. Original discovery documents subject to or covered by a protective order, court rule, statute or written agreement of the parties must be retained, returned, destroyed or disposed of in accordance with the terms of the order, rule, statute or agreement.
(d) Definition of "closed." As used in this section, "closed" means when an order terminating the action or proceeding has been filed and all appeals have been terminated, the time for appeal has expired or when the judgment is either satisfied or barred under K.S.A. 60-2403, and amendments thereto.
Amendment History
L. 1992, ch. 190, § 1; L. 2010, ch. 135, § 143; L. 2011, ch. 48, § 13; July 1.
Plain-English Summary
K.S.A. 60-270 addresses a housekeeping question that discovery-heavy litigation raises constantly: who has to hold onto the original documents generated during discovery, and for how long. Subsection (a) puts the burden on whoever possesses them -- a party or an attorney holding original deposition transcripts, original responses to interrogatories, original requests for admissions, original requests for production, or other original discovery materials must retain them until the case is closed.
Once the case is closed, subsection (b) lets that party or attorney destroy or dispose of the originals, except as subsection (c) provides. Subsection (c) carves out documents that are subject to a protective order, a court rule, a statute, or a written agreement of the parties -- those originals have to be retained, returned, destroyed, or disposed of according to whatever that order, rule, statute, or agreement requires, no matter what subsection (b) would otherwise allow.
Subsection (d) defines "closed" for purposes of this section: an order terminating the action or proceeding has been filed and all appeals have ended, the time to appeal has run out, or the judgment has either been satisfied or is barred under K.S.A. 60-2403.
Frequently Asked Questions
How long must I keep original discovery documents in a Kansas civil case?
K.S.A. 60-270(a) requires the party or attorney who possesses original deposition transcripts, interrogatory responses, admissions requests, production requests, or similar originals to retain them until the case is closed.
Can I destroy original discovery documents once the case is over?
Generally yes, once the case is closed, subject to subsection (c)'s exception for documents covered by a protective order, court rule, statute, or written agreement of the parties.
What counts as a case being "closed" under this section?
Subsection (d) defines it as when an order terminating the action has been filed and all appeals have ended, the time for appeal has expired, or the judgment has been satisfied or is barred under K.S.A. 60-2403.
What if a protective order covers the discovery documents I'm holding?
Subsection (c) requires those documents to be retained, returned, destroyed, or disposed of according to the terms of the protective order, rule, statute, or agreement that covers them, instead of under the general rule in subsection (b).
Source & verification. Section text is reproduced verbatim from the
Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026.
· Official source
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