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Rule 4-202.09.  Miscellaneous.

Intent:

To set forthmiscellaneous provisions for these rules.

Applicability:

This ruleapplies to the judicial branch.

Statement of the Rule:

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

(2)       Fulfilling a records request.

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

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

(2)(B)(i)       it is able to do so without unreasonablyinterfering with its duties and responsibilities; and

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

(2)(C)       The judicial branch need not fulfill a person’srecords request if the request unreasonably duplicates prior records requestsfrom 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)       Subject to the Government Records AccessManagement Act (GRAMA) and Chapter 4, Article 2 of the Code of JudicialAdministration, a request for email correspondence shall be sufficientlydetailed to identify the email(s) sought with reasonable specificity.  The request shall be narrowly tailored toyield a search that is not unduly burdensome. Requests shall include the subject matter of the email(s), the identityof individuals to whom the email(s) were sent or received, if known, and thedate, or approximate date(s) of email(s). Upon receipt of a request, the person handling the request will forwardit to the Court Information Technology Department, a representative of whichwill develop the parameters of the search.

(6)       Subpoenas and other methods of discovery understate or federal statutes or rules of procedure are not records requests underthese rules. Compliance with discovery shall be governed by the applicablestatutes and rules of procedure.

(7)       If the judicial branch receives a request foraccess 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.

(8)       The Administrative Office shall create and adopta schedule governing the retention and destruction of all court records.

(9)       The courts will use their best efforts to ensurethat access to court records is properly regulated, but assume noresponsibility for accuracy or completeness or 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.  

(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, orjuvenile court social or to redact non-public information 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’sname: 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 (11)(B) and (11)(C), if a case involves a tax on property or itsuse under Title 59, Chapter 2, Property Tax Act, Chapter 3, Tax EquivalentProperty Act, or Chapter 4, Privilege Tax, all records shall be classified as publicrecords under Rule 4-202.02.

(11)(B)     Exceptas provided in subsection (11)(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 (11)(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 beclassified as sealed, private, protected, or safeguarded pursuant to a motionmade under Rule 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 May 1, 2019