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Microsoft Word - 2016-12-28 Proposed Judicial Rule Amendment AddressingConfidentiaility in Property Tax Cases.docx

Rule 4-202.09. Miscellaneous.

Intent:

To set forthmiscellaneous provisions for these rules.

Applicability:

This rule applies to the judicial branch.

Statement of the Rule:

(1) The judicial branch shall provide a personwith a certified copy of a record if the requester has a right to inspect it,the requester identifies the record with reasonable specificity, and therequester pays the fees.

(2)(A) The judicial branch is not required tocreate a record in response to a request.

(2)(B) Upon request, the judicial branch shallprovide a record in a particular format if:

(2)(B)(iit is able to do so without unreasonably interferingwith its duties and responsibilities; and

(2)(B)(ii) the requesteragrees to pay the additional costs, if any, actually incurred in providing therecord in the requested format.

(2)(C) The judicial branch need not fulfill aperson?s records request if the request unreasonably duplicates prior recordsrequests from that person.

(3) If a person requests copies of more than 50pages of records, and if the records are contained in files that do not containrecords that are exempt from disclosure, the judicial branch may provide therequester with the facilities for copying the requested records and requirethat the requester make the copies, or allow the requester to provide his owncopying facilities and personnel to make the copies at the judicial branch?soffices and waive the fees for copying the records.

(4) The judicial branch may not use the form inwhich a record is stored to deny or unreasonably hinder the rights of personsto inspect and receive copies of a record.

(5) Subpoenas and other methods of discoveryunder state or federal statutes or rules of procedure are not records requestsunder these rules. Compliance with discovery shall be governed by theapplicable statutes and rules of procedure.

(6) If the judicial branch receives a requestfor access to a record that contains both information that the requester isentitled to inspect and information that the requester is not entitled toinspect, it shall allow access to the information in the record that therequester is entitled to inspect, and shall deny access to the information inthe record the requester is not entitled to inspect.

(7) The Administrative Office shall create andadopt a schedule governing the retention and destruction of all court records.

(8) The courts will use their best efforts toensure that access to court records is properly regulated, but assume noresponsibility for accuracy or completeness or for use outside the court.

(9)(A) Non-public information in a publicrecord. The person filing a public record shall omit or redact non-publicinformation. The person filing the record shall certify that, upon informationand belief, all non-public information has been omitted or redacted from thepublic record. The person filing a private, protected, sealed, safeguarded,juvenile court legal, or juvenile courtsocial record shall identify the classification of the record at the top of thefirst page of a classified document or in a statement accompanying the record.

(9)(B) A party may move or a non-partyinterested in a record may petition to classify a record as private, protected,sealed, safeguarded, juvenile court legal, orjuvenile court social or to redact non-public information from a public record.

(9)(C) If the following non-public informationis required in a public record, only thedesignated information shall be included:

(9)(C)(isocial security number: last four digits;

(9)(C)(ii) financial orother account number: last four digits;

(9)(C)(iii) driver?s licensenumber: state of issuance and last four digits;

(9)(C)(iv) address ofa non-party: city, state and zip code;

(9)(C)(v) email addressor phone number of a non-party: omit; and

(9)(C)(vi) minor?s name:initials.

(9)(D) If it is necessary to provide the courtwith private personal identifying information, it must be provided on a coversheet or other severable document, which is classified as private.

(10)(A) Notwithstanding Rule 4-202.02, except asotherwise ordered by the court and except as provided in subsections (B) and (C),if a case involves a tax on property or its use under Title 59, Chapter 2,Property Tax Act, Chapter 3, Tax Equivalent Property Act, or Chapter 4,Privilege Tax, all records shall be classified as public records under Rule4-202.02.

(10)(B) Except as provided in subsection (C),all records in a case that involves a tax on property or its use under Title59, Chapter 2, Property Tax Act, Chapter 3, Tax Equivalent Property Act, orChapter 4, Privilege Tax, shall be protected if the case also involvescommercial information as that term is defined by Utah Code ? 59-1-404.

(10)(C) For a case described in subsection (B):

(10)(C)(i) if arequest for a specific record, or access to all records in a case, is made tothe court and notice is given to the taxpayer, such record or records shall bereleased within 14 days after notice is given to the taxpayer, except forspecific records ordered by the court to be classified as sealed, private,protected, or safeguarded pursuant to a motion made under Rule 4-202.04(3);

(10)(C)(ii) thirty days after the issuance of anon-appealable final order by the court, all records shall be public unless thecourt orders specific records to be classified as sealed, private, protected,or safeguarded pursuant to a motion made under Rule 4-202.04(3).

(10)(C)(iii) The public shall have access to thecase history, notwithstanding the limitations in this rule applicable to theunderlying records.

 

Effective November 1, 2017