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Rule 4-202.09.? Miscellaneous.

Intent:

To set forth miscellaneous provisions for these rules.

Applicability:

This ruleapplies to the judicial branch.

Statement of the Rule:

(1)       Thejudicial branch shall provide a person with a certified copy of a record if therequester has a right to inspect it, the requester identifies the record withreasonable specificity, and the requester pays thefees.

(2)       Fulfillinga records request.

(2)(A)       Thejudicial branch is not required to create a record in response to a request.

(2)(B)       Uponrequest, the judicial branch shall provide a record in a particular format if:

(2)(B)(i)       itis able to do so without unreasonably interfering with its duties andresponsibilities; and

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

(2)(C)       Thejudicial branch need not fulfill a person?s records request if the requestunreasonably duplicates prior records requests from that person.

(3)       Ifa person requests copies of more than 50 pages of records, and if the recordsare contained in files that do not contain records that are exempt fromdisclosure, the judicial branch may provide the requester with the facilitiesfor copying the requested records and require that the requester make thecopies, or allow the requester to provide his own copying facilities andpersonnel to make the copies at the judicial branch?s offices and waive thefees for copying the records.

(4)       Thejudicial branch may not use the form in which a record is stored to deny orunreasonably hinder the rights of persons to inspect and receive copies of arecord.

(5)       Subjectto the Government Records Access Management Act (GRAMA) and Chapter 4, Article2 of the Code of Judicial Administration, a request for email correspondenceshall be sufficiently detailed to identify the email(s) sought with reasonablespecificity.? The request shall benarrowly tailored to yield a search that is not unduly burdensome.? Requests shall include the subject matter ofthe email(s), the identity of individuals to whom the email(s) were sent orreceived, if known, and the date, or approximate date(s) of email(s).? Upon receipt of a request, the person handlingthe request will forward it to the Court Information Technology Department, arepresentative of which will develop the parameters of the search.

(6)       Subpoenasand other methods of discovery under state or federal statutes or rules ofprocedure are not records requests under these rules. Compliance with discoveryshall be governed by the applicable statutes and rules of procedure.

(7)       Ifthe judicial branch receives a request for access to a record that containsboth information that the requester is entitled to inspect and information thatthe requester is not entitled to inspect, it shall allow access to theinformation in the record that the requester is entitled to inspect, and shalldeny access to the information in the record the requester is not entitled toinspect.

(8)       TheAdministrative Office shall create and adopt a schedule governing the retentionand destruction of all court records.

(9)       Thecourts will use their best efforts to ensure that access to court records isproperly regulated, but assume no responsibility for accuracy or completenessor for use outside the court.

(10)    Non-publicinformation in a public record.

(10)(A)    Theperson filing a public record shall omit or redact non-public information. Theperson filing a private, protected, sealed, safeguarded, juvenile court legal, or juvenile court social record shall identify theclassification of the record at the top of the first page of a classifieddocument or in a statement accompanying the record.

(10)(B)    Aparty may move or a non-party interested in a record may petition to classify arecord as private, protected, sealed, safeguarded, juvenile court legal, or juvenile court social or to redact non-publicinformation from a public record.

(10)(C)    Ifthe following non-public information is required in a public record, only thedesignated information shall be included:

(10)(C)(i)    socialsecurity number: last four digits;

(10)(C)(ii)   financialor other account number: last four digits;

(10)(C)(iii)  driver?slicense number: state of issuance and last four digits;

(10)(C)(iv)  addressof a non-party: city, state and zip code;

(10)(C)(v)   emailaddress or phone number of a non-party: omit; and

(10)(C)(vi)  minor?s name: initials.

(10)(D)    Ifit is necessary to provide the court with private personal identifyinginformation, it must be provided on a cover sheet or other severable document,which is classified as private.

(11)    Tax-relatedrecords.

(11)(A)    NotwithstandingRule 4-202.02, except as otherwise ordered by the court and except as providedin subsections (10)(B) and (10)(C), if a case involvesa 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, allrecords shall be classified as public records under Rule 4-202.02.

(11)(B)    Exceptas provided in subsection (10)(C), all records in a case that involves a tax onproperty or its use under Title 59, Chapter 2, Property Tax Act, Chapter 3, TaxEquivalent Property Act, or Chapter 4, Privilege Tax, shall be protected if thecase also involves commercial information as that term is defined by Utah Code? 59-1-404.

(11)(C)    Fora case described in subsection (10)(B):

(11)(C)(i)    ifa request 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);

(11)(C)(ii)   thirtydays after the issuance of a non-appealable final order by the court, allrecords shall be public unless the court orders specific records to be classifiedas sealed, private, protected, or safeguarded pursuant to a motion made underRule 4-202.04(3).

(11)(C)(iii)  Thepublic shall have access to the case history, notwithstanding the limitationsin this rule applicable to the underlying records.

Effective November 1, 2018