Print Version
Previous PageFile uploaded: 11/2/2020

Rule4-202.02.  Records Classification.

Intent:

To classify court records as public or non-public.

Applicability:

This rule applies to the judicial branch.

Statement of the Rule:

(1)  Presumption of Public CourtRecords.  Court records are public unless otherwiseclassified by this rule.

 

(2)  Public Court Records. Publiccourt records include but are not limited to:

(2)(A)         abstract of a citation thatredacts all non-public information;

(2)(B)         aggregate records withoutnon-public information and without personal identifying information;

(2)(C)         appellate filings, includingbriefs;

(2)(D)         arrest warrants, but a court mayrestrict access before service;

(2)(E)         audit reports;

(2)(F)         case files;

(2)(G)        committee reports after releaseby the Judicial Council or the court that requested the study;

(2)(H)         contracts entered into by thejudicial branch and records of compliance with the terms of a contract;

(2)(I)           drafts that were never finalizedbut were relied upon in carrying out an action or policy;

(2)(J)          exhibits, but the judge mayregulate or deny access to ensure the integrity of the exhibit, a fair trial orinterests favoring closure;

(2)(K)         financial records;

(2)(L)          indexes approved by theManagement Committee of the Judicial Council, including the following, incourts other than the juvenile court; an index may contain any other indexinformation:

(2)(L)(i)         amount in controversy;

(2)(L)(ii)        attorney name;

(2)(L)(iii)       licensed paralegal practitionername;

(2)(L)(iv)       case number;

(2)(L)(v)        case status;

(2)(L)(vi)       civil case type or criminal violation;

(2)(L)(vii)      civil judgment or criminal disposition;

(2)(L)(viii)     daily calendar;

(2)(L)(ix)       file date;

(2)(L)(x)        party name;

(2)(M)        name, business address, businesstelephone number, and business email address of an adult person or businessentity other than a party or a victim or witness of a crime;

(2)(N)         name, address, telephone number,email address, date of birth, and last four digits of the following: driver?slicense number; social security number; or account number of a party;

(2)(O)        name, business address, businesstelephone number, and business email address of a lawyer or licensed paralegalpractitioner appearing in a case;

(2)(P)         name, business address, businesstelephone number, and business email address of court personnel other thanjudges;

(2)(Q)        name, business address, andbusiness telephone number of judges;

(2)(R)         name, gender, gross salary andbenefits, job title and description, number of hours worked per pay period,dates of employment, and relevant qualifications of a current or former courtpersonnel;

(2)(S)         unless classified by the judge asprivate or safeguarded to protect the personal safety of the juror or thejuror?s family, the name of a juror empaneled to try a case, but only 10 daysafter the jury is discharged;

(2)(T)         opinions, including concurringand dissenting opinions, and orders entered in open hearings;

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

(2)(V)         private record if the subject ofthe record has given written permission to make the record public;

(2)(W)       probation progress/violationreports;

(2)(X)         publications of theadministrative office of the courts;

(2)(Y)         record in which the judicialbranch determines or states an opinion on the rights of the state, a politicalsubdivision, the public, or a person;

(2)(Z)         record of the receipt orexpenditure of public funds;

(2)(AA)      record or minutes of an open meeting or hearing and the transcriptof them;

(2)(BB)      record of formal discipline of current or former court personnelor of a person regulated by the judicial branch if the disciplinary action hasbeen completed, and all time periods for administrative appeal have expired,and the disciplinary action was sustained;

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

(2)(DD)     reports used by the judiciary if all of the data in the report ispublic or the Judicial Council designates the report as a public record;

(2)(EE)      rules of the Supreme Court and Judicial Council;

(2)(FF)       search warrants, the application and all affidavits or otherrecorded testimony on which a warrant is based are public after they are unsealedunder Utah Rule of Criminal Procedure 40;

(2)(GG)     statistical data derived from public and non-public records butthat disclose only public data; and

(2)(HH)     notwithstanding subsections(6) and (7), if a petition, indictment, or information is filed charging a person14 years of age or older with a felony or an offense that would be a felony ifcommitted by an adult, the petition, indictment or information, theadjudication order, the disposition order, and the delinquency history summaryof the person are public records. The delinquency history summary shall containthe name of the person, a listing of the offenses for which the person wasadjudged to be within the jurisdiction of the juvenile court, and thedisposition of the court in each of those offenses.

(3) Sealed Court Records. The following courtrecords are sealed:

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

(3)(A)(i)  Title 78B, Chapter 6, Part 1 ? Utah Adoption Actsix months after the conclusion of proceedings, which are private until sealed;

(3)(A)(ii)? Title 78B,Chapter 15, Part 8 ? Gestational Agreement, six months after the conclusion ofproceedings, which are private until sealed;

(3)(A)(iii) Section 76-7-304.5 ? Consent required forabortions performed on minors; and

(3)(A)(iv) Section78B-8-402 ? Actions for disease testing;

(3)(B)   expunged records;

(3)(C)   ordersauthorizing installation of pen register or trap and trace device under UtahCode Section 77-23a-15;

(3)(D)   records showingthe identity of a confidential informant;

(3)(E)   records relatingto the possession of a financial institution by the commissioner of financialinstitutions under Utah Code Section 7-2-6;

(3)(F)   wills depositedfor safe keeping under Utah Code Section 75-2-901;

(3)(G)  records designated assealed by rule of the Supreme Court;

(3)(H)  record of a Children'sJustice Center investigative interview after the conclusion of any legalproceedings; and

(3)(I)    other recordsas ordered by the court under Rule 4-202.04.

 

(4)Private Court Records. Thefollowing court records are private:

(4)(A)?? records in thefollowing actions:

(4)(A)(i)? Section 62A-15-631, Involuntary commitmentunder 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;

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

(4)(A)(v) cases initiated in the district court by filing an abstractof a juvenile court restitution judgment.

(4)(B)? records in thefollowing actions, except that the case history, judgments, orders, decrees,letters of appointment, and the record of public hearings are public records:

(4)(B)(i)?? Title 30, Husband and Wife, includingqualified domestic relations orders, except that an action for consortium dueto 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 Disability and their Property;

(4)(B)(iv)? Title 78B, Chapter 7, ProtectiveOrders;

(4)(B)(v)?? Title 78B, Chapter 12, Utah Child SupportAct;

(4)(B)(vi)? Title 78B, Chapter 13, Utah UniformChild Custody Jurisdiction and Enforcement Act;

(4)(B)(vii)? Title 78B, Chapter 14, Uniform InterstateFamily Support Act;

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

(4)(B)(ix)?? an action to modifyor enforce a judgment in any of the actions in this subparagraph (B);

(4)(C)? affidavit of indigency;

(4)(D)? an affidavitsupporting a motion to waive fees;

(4)(E)? aggregate recordsother than public aggregate records under subsection (2);

(4)(F)? alternative disputeresolution records;

(4)(G) applicationsfor accommodation under the Americans with Disabilities Act;

(4)(H)? jail booking sheets;

(4)(I)??? citation, but an abstract of a citationthat redacts all non-public information is public;

(4)(J)? ?judgment information statement;

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

(4)(L)? ?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)(M)? the following personal identifyinginformation about a person other than a party or a victim or witness of acrime: residential address, personal email address, personal telephone number;date of birth, driver?s license number, social security number, accountdescription and number, password, identification number, maiden name, mother?smaiden name, and similar personal identifying information;

(4)(N)? medical,psychiatric, or psychological records;

(4)(O)? name of a minor,except that the name of a minor party is public in the following district andjustice court proceedings:

(4)(O)(i)?? name change of a minor;

(4)(O)(ii)?? guardianship orconservatorship for a minor;

(4)(O)(iii)? felony, misdemeanor,or infraction;

(4)(O)(iv)? protective ordersand stalking injunctions; and

(4)(O)(v)?? custody orders anddecrees;

(4)(P)? nonresident violatornotice of noncompliance;

(4)(Q)? personnel file of acurrent or former court personnel or applicant for employment;

(4)(R)? photograph, film, orvideo of a crime victim;

(4)(S)? record of a courthearing closed to the public or of a child?s testimony taken under URCrP 15.5:

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

(4)(S)(ii)?? if the hearing istraditionally open to the public, until the judge determines it is possible torelease the record without prejudice to the interests that justified theclosure;

(4)(T)?? record submitted bya senior judge or court commissioner regarding performance evaluation andcertification;

(4)(U)? record submitted forin camera review until its public availability is determined;

(4)(V)? reports of investigations by Child ProtectiveServices;

(4)(W) victimimpact statements;

(4)(X)? name of aprospective juror summoned to attend court, unless classified by the judge assafeguarded to protect the personal safety of the prospective juror or theprospective juror?s family;

(4)(Y)?? records filed pursuant to Rules 52 - 59 ofthe Utah Rules of Appellate Procedure, except briefs filed pursuant to courtorder;

(4)(Z)? records in aproceeding under Rule 60 of the Utah Rules of Appellate Procedure; and

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

 

(5)?????? Protected Court Records. The following court records areprotected:

(5)(A)?? attorney?s work product, including themental impressions or legal theories of an attorney or other representative ofthe courts concerning litigation, privileged communication between the courtsand an attorney representing, retained, or employed by the courts, and recordsprepared solely in anticipation of litigation or a judicial, quasi-judicial, oradministrative proceeding;

(5)(B)? records that are subjectto the attorney client privilege;

(5)(C)? bids or proposalsuntil the deadline for submitting them has closed;

(5)(D)? budget analyses,revenue estimates, and fiscal notes of proposed legislation ?before issuance of the final recommendationsin these areas;

(5)(E)?? budgetrecommendations, legislative proposals, and policy statements, that ifdisclosed would reveal the court?s contemplated policies or contemplatedcourses of action;

(5)(F)?? court securityplans;

(5)(G)? investigation andanalysis of loss covered by the risk management fund;

(5)(H)? memorandum preparedby staff for a member of any body charged by law withperforming a judicial function and used in the decision-making process;

(5)(I)??? confidential business records under UtahCode Section 63G-2-309;

(5)(J)?? record created ormaintained for civil, criminal, or administrative enforcement purposes, auditor discipline purposes, or licensing, certification or registration purposes,if the record reasonably could be expected to:

(5)(J)(i)? interfere with aninvestigation;

(5)(J)(ii)? interfere with afair hearing or trial;

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

(5)(J)(iv) concernthe security of a court facility;

(5)(K)? record identifying property under considerationfor sale or acquisition by the court or its appraised or estimated value unlessthe information has been disclosed to someone not under a duty ofconfidentiality to the courts;

(5)(L)? record that wouldreveal the contents of settlement negotiations other than the final settlementagreement;

(5)(M) recordthe disclosure of which would impair governmental procurement or give an unfairadvantage to any person;

(5)(N) recordthe disclosure of which would interfere with supervision of an offender?sincarceration, probation, or parole;

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

(5)(P) strategyabout collective bargaining or pending litigation;

(5)(Q) testquestions and answers;

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

(5)(S) recordof a Children's Justice Center investigative interview before the conclusion ofany legal proceedings;

(5)(T) presentenceinvestigation report;

(5)(U) exceptfor those filed with the court, records maintained and prepared by juvenileprobation; and

(5)(V) otherrecords as ordered by the court under Rule 4-202.04.

 

(6)?????? Juvenile Court Social Records. The following are juvenile courtsocial records:

(6)(A) correspondencerelating to juvenile social records;

(6)(B) custodyevaluations, parent-time evaluations, parental fitness evaluations, substanceabuse evaluations, domestic violence evaluations;

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

(6)(D) pre-dispositionand social summary reports;

(6)(E) probationagency and institutional reports or evaluations;

(6)(F) referralreports;

(6)(G) reportof preliminary inquiries; and

(6)(H) treatmentor service plans.

 

(7)?????? Juvenile Court Legal Records. The following are juvenile courtlegal records:

(7)(A) accountingrecords;

(7)(B) discoveryfiled with the court;

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

(7)(D) nameof a party or minor;

(7)(E) recordof a court hearing;

(7)(F) referraland offense histories

(7)(G) andany other juvenile court record regarding a minor that is not designated as asocial record.

 

(8)?????? Safeguarded Court Records. The following court records aresafeguarded:

(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) locationinformation, contact information, and identity information of prospectivejurors on the master jury list or the qualified jury list;

(8)(D) locationinformation, contact information, and identity information other than name of aprospective juror summoned to attend court;

(8)(E)? the followinginformation about a victim or witness of a crime:

(8)(E)(i)? business andpersonal address, email address, telephone number, and similar information fromwhich the person can be located or contacted;

(8)(E)(ii) 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.

 

EffectiveNovember 1, 2020