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Rule 4-202.02. Records classification.

Intent:

To classify courtrecords as public or non-public.

Applicability:

This rule applies to thejudicial branch.

Statement of the Rule:

(1) Presumptionof Public Court Records. Court records are public unless otherwiseclassified by this rule.

(2) Public Court Records. Public court records include but are notlimited to:

(2)(A) abstract of a citation that redacts all non-publicinformation;

(2)(B) aggregate records without non-public information andwithout personal identifying information;

(2)(C) appellate filings, including briefs;

(2)(D) arrest warrants, but a court may restrict access beforeservice;

(2)(E) audit reports;

(2)(F) case files;

(2)(G) committee reports after release by the Judicial Councilor the court that requested the study;

(2)(H) contracts entered into by the judicial branch andrecords of compliance with the terms of a contract;

(2)(I) drafts that werenever finalized but were relied upon in carrying out an action or policy;

(2)(J) exhibits, but the judge may regulate or deny access toensure the integrity of the exhibit, a fair trial or interests favoringclosure;

(2)(K) financial records;

(2)(L) indexes approved by the Management Committee of theJudicial Council, including the following, in courts other than the juvenilecourt; an index may contain any other index information:

(2)(L)(i) amount incontroversy;

(2)(L)(ii) attorney name;

(2)(L)(iii) case number;

(2)(L)(iv) case status;

(2)(L)(v) civil casetype or criminal violation;

(2)(L)(vi) civil judgmentor criminal disposition;

(2)(L)(vii) daily calendar;

(2)(L)(viii) file date;

(2)(L)(ix) party name;

(2)(M) name, business address, business telephone number, andbusiness email address of an adult person or business entity other than a partyor a victim or witness of a crime;

(2)(N) name, address, telephone number, email address, date ofbirth, and last four digits of the following: driver?s license number; socialsecurity number; or account number of a party;

(2)(O) name, business address, business telephone number, andbusiness email address of a lawyer appearing in a case;

(2)(P) name, business address, business telephone number, andbusiness email address of court personnel other than judges;

(2)(Q) name, business address, and business telephone number ofjudges;

(2)(R) name, gender,gross salary and benefits, job title and description, number of hours workedper pay period, dates of employment, and relevant qualifications of a currentor former court personnel;

(2)(S) unless classifiedby the judge as private or safeguarded to protect the personal safety of thejuror or the juror?s family, the name of a juror empaneled to try a case, butonly 10 days after the jury is discharged;

(2)(T) opinions, including concurring and dissenting opinions, andorders entered in open hearings;

(2)(U) order or decision classifying a record as not public;

(2)(V) private record if the subject of the record has givenwritten permission to make the record public;

(2)(W) probation progress/violation reports;

(2)(X) publications ofthe administrative office of the courts;

(2)(Y) record in which the judicial branch determines orstates an opinion on the rights of the state, a political subdivision, thepublic, or a person;

(2)(Z) record of the receipt or expenditure of public funds;

(2)(AA) record orminutes of an open meeting or hearing and the transcript of them;

(2)(BB) record of formaldiscipline of current or former court personnel or of a person regulated by thejudicial branch if the disciplinary action has been completed, and all timeperiods for administrative appeal have expired, and the disciplinary action wassustained;

(2)(CC) record of arequest for a record;

(2)(DD) reports used bythe judiciary if all of the data in the report is public or the JudicialCouncil designates the report as a public record;

(2)(EE) rules of theSupreme Court and Judicial Council;

(2)(FF) search warrants,the application and all affidavits or other recorded testimony on which awarrant is based are public after they are unsealed under Utah Rule of CriminalProcedure 40;

(2)(GG) statistical dataderived from public and non-public records but that disclose only public data;

(2)(HH) Notwithstandingsubsections (6) and (7), if a petition, indictment, or information is filedcharging a person 14 years of age or older with a felony or an offense thatwould be a felony if committed by an adult, the petition, indictment orinformation, the adjudication order, the disposition order, and the delinquencyhistory summary of the person are public records. The delinquency historysummary shall contain the name of the person, a listing of the offenses forwhich the person was adjudged to be within the jurisdiction of the juvenilecourt, and the disposition of the court in each of those offenses.

(3) Sealed CourtRecords. The following court records are sealed:

(3)(A) records in the following actions:

(3)(A)(i) Title 78B, Chapter 6, Part 1, UtahAdoption Act six months after the conclusion of proceedings, which are privateuntil sealed;

(3)(A)(ii) Title 78B, Chapter 15, Part 8,Gestational Agreement, six months after the conclusion of proceedings, whichare private until sealed; -

(3)(A)(iii) Section 76-7-304.5, Consent requiredfor abortions performed on minors; and

(3)(A)(iv) Section78B-8-402, actions for disease testing;

(3)(B) expunged records;

(3)(C) orders authorizing installation of pen register or trapand trace device under Utah Code Section 77-23a-15;

(3)(D) records showing the identity of a confidentialinformant;

(3)(E) records relating to the possession of a financialinstitution by the commissioner of financial institutions under Utah CodeSection 7-2-6;

(3)(F) wills deposited for safe keeping under Utah CodeSection 75-2-901;

(3)(G) records designated as sealed by rule of the SupremeCourt;

(3)(H) record of a Children's Justice Center investigativeinterview after the conclusion of any legal proceedings; and

(3)(I) other records asordered by the court under Rule 4-202.04.

(4) PrivateCourt Records. The following court records are private:

(4)(A) records in the following actions:

(4)(A)(i) Section 62A-15-631, Involuntarycommitment under court order;

(4)(A)(ii) Section76-10-532, Removal from the National Instant Check System database;

(4)(A)(iii) Title 78B,Chapter 6, Part 1, Utah Adoption Act, until the records are sealed; and

(4)(A)(iv) Title 78B,Chapter 15, Part 8, Gestational Agreement, until the records are sealed; and

(4)(B) records in the following actions, except that the casehistory; judgments, orders and decrees; letters of appointment; and the recordof public hearings are public records:

(4)(B)(i) Title 30,Husband and Wife, including qualified domestic relations orders, except that anaction for consortium due to personal injury under Section 30-2-11 is public;

(4)(B)(ii) Title 77,Chapter 3a, Stalking Injunctions;

(4)(B)(iii) Title 75,Chapter 5, Protection of Persons Under Disabilityand their Property;

(4)(B)(iv)Title 78B, Chapter 7, Protective Orders;

(4)(B)(v) Title 78B,Chapter 12, Utah Child Support Act;

(4)(B)(vi)Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction andEnforcement Act;

(4)(B)(vii) Title 78B,Chapter 14, Uniform Interstate Family Support Act;

(4)(B)(viii) Title 78B,Chapter 15, Utah Uniform Parentage Act; and

(4)(B)(ix) an action to modify or enforce a judgment in any of theactions in this subparagraph (B);

(4)(C) an affidavit supporting a motion to waive fees;

(4)(D) aggregate records other than public aggregate recordsunder subsection (2);

(4)(E) alternative dispute resolution records;

(4)(F) applications for accommodation under the Americans withDisabilities Act;

(4)(G) jail booking sheets;

(4)(H) citation, but an abstract of a citation that redacts allnon-public information is public;

(4)(I) judgmentinformation statement;

(4)(J) judicial review of final agency action under Utah CodeSection 62A-4a-1009;

(4)(K) the following personal identifying information about aparty: driver?s license number, social security number, account description andnumber, password, identification number, maiden name and mother?s maiden name,and similar personal identifying information;

(4)(L) the followingpersonal identifying information about a person other than a party or a victimor witness of a crime: residential address, personal email address, personaltelephone number; date of birth, driver?s license number, social securitynumber, account description and number, password, identification number, maidenname, mother?s maiden name, and similar personal identifying information;

(4)(M) medical, psychiatric, or psychological records;

(4)(N) name of a minor, except that the name of a minor partyis public in the following district and justice court proceedings:

(4)(N)(i) name changeof a minor;

(4)(N)(ii) guardianship or conservatorship for a minor;

(4)(N)(iii) felony, misdemeanor, or infraction;

(4)(N)(iv) child protective orders; and

(4)((N)(v)custody orders and decrees;

(4)(O) nonresident violator notice of noncompliance;

(4)(P) personnel file of a current or former court personnelor applicant for employment;

(4)(Q) photograph, film, or video of a crime victim;

(4)(R) record of a court hearing closed to the public or of achild?s testimony taken under URCrP 15.5:

(4)(R)(i) permanently if the hearing is not traditionally open tothe public and public access does not play a significant positive role in theprocess; or

(4)(R)(ii) if the hearing is traditionally open to the public,until the judge determines it is possible to release the record withoutprejudice to the interests that justified the closure;

(4)(S) record submitted by a senior judge or courtcommissioner regarding performance evaluation and certification;

(4)(T) record submitted for in camera review until its publicavailability is determined;

(4)(U) reports ofinvestigations by Child Protective Services;

(4)(V) victim impact statements;

(4)(W) name of a prospective juror summoned to attend court,unless classified by the judge as safeguarded to protect the personal safety ofthe prospective juror or the prospective juror?s family;

(4)(X) records filed pursuant to Rules 52 - 59 of the UtahRules of Appellate Procedure, except briefs filed pursuant to court order;

(4)(Y) records in a proceeding under Rule 60 of the Utah Rulesof Appellate Procedure; and

(4)(Z) other records as ordered by the court under Rule4-202.04.

(5) ProtectedCourt Records. The following court records are protected:

(5)(A) attorney?s workproduct, including the mental impressions or legal theories of an attorney orother representative of the courts concerning litigation, privilegedcommunication between the courts and an attorney representing, retained, oremployed by the courts, and records prepared solely in anticipation oflitigation or a judicial, quasi-judicial, or administrative proceeding;

(5)(B) records that are subject to the attorney clientprivilege;

(5)(C) bids or proposals until the deadline for submittingthem has closed;

(5)(D) budget analyses, revenue estimates, and fiscal notes ofproposed legislation before issuance of the final recommendations in theseareas;

(5)(E) budget recommendations, legislative proposals, andpolicy statements, that if disclosed would reveal the court?s contemplatedpolicies or contemplated courses of action;

(5)(F) court security plans;

(5)(G) investigation and analysis of loss covered by the riskmanagement fund;

(5)(H) memorandum prepared by staff for a member of any body charged by law with performing a judicialfunction and used in the decision-making process;

(5)(I) confidentialbusiness records under Utah Code Section 63G-2-309;

(5)(J) record created or maintained for civil, criminal, oradministrative enforcement purposes, audit or discipline purposes, orlicensing, certification or registration purposes, if the record reasonablycould be expected to:

(5)(J)(i) interfere with an investigation;

(5)(J)(ii) interfere with a fair hearing or trial;

(5)(J)(iii) disclose the identity of a confidential source; or

(5)(J)(iv) concern the security of a court facility;

(5)(K) recordidentifying property under consideration for sale or acquisition by the courtor its appraised or estimated value unless the information has been disclosedto someone not under a duty of confidentiality to the courts;

(5)(L) record that would reveal the contents of settlementnegotiations other than the final settlement agreement;

(5)(M) record the disclosure of which would impairgovernmental procurement or give an unfair advantage to any person;

(5)(N) record the disclosure of which would interfere withsupervision of an offender?s incarceration, probation, or parole;

(5)(O) record the disclosure of which would jeopardize life,safety, or property;

(5)(P) strategy about collective bargaining or pending litigation;

(5)(Q) test questions and answers;

(5)(R) trade secrets as defined in Utah Code Section 13-24-2;

(5)(S) record of a Children's Justice Center investigativeinterview before the conclusion of any legal proceedings;

(5)(T) presentence investigation report;

(5)(U) except for those filed with the court, recordsmaintained and prepared by juvenile probation; and

(5)(V) other records as ordered by the court under Rule4-202.04.

(6) JuvenileCourt Social Records. The following are juvenile court social records:

(6)(A) correspondence relating to juvenile social records;

(6)(B) custody evaluations, parent-time evaluations, parentalfitness evaluations, substance abuse evaluations, domestic violenceevaluations;

(6)(C) medical, psychological, psychiatric evaluations;

(6)(D) pre-disposition and social summary reports;

(6)(E) probation agency and institutional reports orevaluations;

(6)(F) referral reports;

(6)(G) report of preliminary inquiries; and

(6)(H) treatment or service plans.

(7) JuvenileCourt Legal Records. The following are juvenile court legal records:

(7)(A) accounting records;

(7)(B) discovery filed with the court;

(7)(C) pleadings, summonses, subpoenas, motions, affidavits,calendars, minutes, findings, orders, decrees;

(7)(D) name of a party or minor;

(7)(E) record of a court hearing;

(7)(F) referral and offense histories

(7)(G) and any other juvenile court record regarding a minorthat is not designated as a social record.

(8) SafeguardedCourt Records. The following court records are safeguarded:

(8)(A) upon request,location information, contact information, and identity information other thanname of a petitioner and other persons to be protected in an action filed underTitle 77, Chapter 3a, Stalking Injunctions or Title 78B, Chapter 7, ProtectiveOrders;

(8)(B) upon request,location information, contact information and identity information other thanname of a party or the party?s child after showing by affidavit that thehealth, safety, or liberty of the party or child would be jeopardized bydisclosure in a proceeding under Title 78B, Chapter 13, Utah Uniform ChildCustody Jurisdiction and Enforcement Act or Title 78B, Chapter 14, UniformInterstate Family Support Act or Title 78B, Chapter 15, Utah Uniform ParentageAct;

(8)(C) location information, contact information, and identityinformation of prospective jurors on the master jury list or the qualified jurylist;

(8)(D) location information, contact information, and identityinformation other than name of a prospective juror summoned to attend court;

(8)(E) the following information about a victim or witness ofa crime:

(8)(E)(i) business andpersonal address, email address, telephone number, and similar 

information from which the person can be located orcontacted;

(8)(E)(ii) date ofbirth, driver?s license number, social security number, accountdescription 

and number, password, identificationnumber, maiden name, mother?s maiden name, and similar personal identifyinginformation. 

 

Effective May 1, 2017