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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) Presumption of Public Court Records. Courtrecords are public unless otherwise classified by this rule.

(2) Public CourtRecords. Public court 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 acourt may restrict access before service;

(2)(E) audit reports;

(2)(F) case files;

(2)(G) committee reports afterrelease by the Judicial Council or the court that requested the study;

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

(2)(I) drafts that were never finalized but were relied upon incarrying 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 the ManagementCommittee of the Judicial Council, including the following, in courts otherthan the juvenile court; an index may contain any other index information:

(2)(L)(i) amount in controversy;

(2)(L)(ii) attorney name;

(2)(L)(iii) case number;

(2)(L)(iv) case status;

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

(2)(L)(vi) civil judgment or 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, and business email address of an adult person orbusiness entity other than a party or a victim or witness of a crime;

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

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

(2)(P) name, business address,business telephone number, and business email address of court personnel otherthan judges;

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

(2)(R) name, gender, gross salary and benefits, job title anddescription, number of hours worked per pay period, dates of employment, andrelevant qualifications of a current or former court personnel;

(2)(S) unless classified by the judge as private or safeguarded toprotect the personal safety of the juror or the juror?s family, the name of ajuror empaneled to try a case, but only 10 days after the jury is discharged;

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

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

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

(2)(W) probation progress/violationreports;

(2)(X) publications of the administrative office of thecourts;

(2)(Y) record in which thejudicial branch determines or states an opinion on the rights of the state, apolitical subdivision, 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 thetranscript of them;

(2)(BB) record of formal discipline of current or former courtpersonnel or of a person regulated by the judicial branch if the disciplinaryaction has been completed, and all time periods for administrative appeal haveexpired, 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 thereport is public or the Judicial Council designates the report as a publicrecord;

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

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

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

(2)(HH) Notwithstanding subsections (6) and (7), if a petition,indictment, or information is filed charging a person 14 years of age or olderwith a felony or an offense that would be a felony if committed by an adult,the petition, indictment or information, the adjudication order, thedisposition order, and the delinquency history summary of the person are publicrecords. The delinquency history summary shall contain the name of the person,a listing of the offenses for which the person was adjudged to be within thejurisdiction of the juvenile court, and the disposition of the court in each ofthose offenses.

 

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

(3)(A) records in the followingactions:

(3)(A)(i) Title 78B, Chapter 6, Part 1, Utah Adoption Act six monthsafter 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) Section76-7-304.5, Consent required for abortions performed on minors; and

(3)(A)(iv) Section 78B-8-402, actions for disease testing;

(3)(B) expunged records;

(3)(C) orders authorizinginstallation of pen register or trap and trace device under Utah Code Section77-23a-15;

(3)(D) records showing theidentity of a confidential informant;

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

(3)(F) wills deposited for safekeeping 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 records as ordered by the court under Rule 4-202.04.

(4) Private Court Records. The following courtrecords are private:

(4)(A) records in the followingactions:

(4)(A)(i) Section 62A-15-631, Involuntary commitment under courtorder;

(4)(A)(ii) Section 76-10-532, Removal from the National InstantCheck System database;

(4)(A)(iii) Title 78B, Chapter 6, Part 1, Utah Adoption Act, untilthe 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 followingactions, except that the case history; judgments, orders and decrees; lettersof appointment; and the record of public hearings are public records:

(4)(B)(i) Title 30, Husband and Wife,including qualified domestic relations orders, except that an action forconsortium 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 Disability and 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 and Enforcement Act;

(4)(B)(vii) Title 78B, Chapter 14, Uniform Interstate FamilySupport 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) affidavit supporting a motionto waive fees;

(4)(E) aggregate records other thanpublic aggregate records under subsection (2);

(4)(F) alternative dispute resolutionrecords;

(4)(G) applications for accommodationunder the Americans with Disabilities Act;

(4)(H) jail booking sheets;

(4)(I) citation, but an abstract of a citation that redacts all non-publicinformation is public;

(4)(J) judgment information statement;

(4)(K) judicial review of finalagency action under Utah Code Section 62A-4a-1009;

(4)(L) the following personalidentifying information about a party: driver?s license number, social securitynumber, account description and number, password, identification number, maidenname and mother?s maiden name, and similar personal identifying information;

(4)(M) the following personal identifying information about aperson other than a party or a victim or witness of a crime: residentialaddress, personal email address, personal telephone number; date of birth,driver?s license number, social security number, account description andnumber, password, identification number, maiden name, mother?s maiden name, andsimilar personal identifying information;

(4)(N) medical, psychiatric, orpsychological records;

(4)(O) name of a minor, exceptthat the name of a minor party is public in the following district and justicecourt proceedings:

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

(4)(O)(ii) guardianship or conservatorshipfor a minor;

(4)(O)(iii) felony, misdemeanor, orinfraction;

(4)(O)(iv) protective orders; and

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

(4)(P) nonresident violator notice ofnoncompliance;

(4)(Q) personnel file of a currentor former court personnel or applicant for employment;

(4)(R) photograph, film, or video of acrime victim;

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

(4)(S)(ipermanently if the hearing isnot traditionally open to the public and public access does not play asignificant positive role in the process; 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 by asenior judge or court commissioner regarding performance evaluation andcertification;

(4)(U) record submitted for incamera review until its public availability is determined;

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

(4)(W) victim impact statements;

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

(4)(Y) records filed pursuant to Rules 52 - 59 of the Utah Rules ofAppellate Procedure, except briefs filed pursuant to court order;

(4)(Z) records in a proceedingunder Rule 60 of the Utah Rules of Appellate Procedure; and

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

(5) Protected Court Records. The following courtrecords are protected:

(5)(A) attorney?s work product, including the mental impressionsor legal theories of an attorney or other representative of the courtsconcerning litigation, privileged communication between the courts and anattorney 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 proposals untilthe deadline for submitting them has closed;

(5)(D) budget analyses, revenueestimates, and fiscal notes of proposed legislation before issuance of thefinal recommendations in these areas;

(5)(E) budget recommendations,legislative proposals, and policy statements, that if disclosed would revealthe court?s contemplated policies or contemplated courses of action;

(5)(F) court security plans;

(5)(G) investigation and analysis ofloss covered by the risk management fund;

(5)(H) memorandum prepared by stafffor a member of any body charged by law with performing a judicial function and usedin the decision-making process;

(5)(I) confidential business records under Utah Code Section63G-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)(iinterfere with aninvestigation;

(5)(J)(ii) interfere with a fairhearing or trial;

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

(5)(J)(iv) concern the security of acourt facility;

(5)(K) record identifying property under consideration for sale oracquisition by the court or its appraised or estimated value unless theinformation has been disclosed to someone not under a duty of confidentialityto the courts;

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

(5)(M) record the disclosure ofwhich would impair governmental procurement or give an unfair advantage to anyperson;

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

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

(5)(P) strategy about collectivebargaining or pending litigation;

(5)(Q) test questions andanswers;

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

(5)(S) record of a Children'sJustice Center investigative interview before the conclusion of any legalproceedings;

(5)(T) presentence investigationreport;

(5)(U) except for those filedwith the court, records maintained and prepared by juvenile probation; and

(5)(V) other records as orderedby the court under Rule 4-202.04.

(6) Juvenile Court Social Records. The followingare juvenile court social records:

(6)(A) correspondence relating tojuvenile social records;

(6)(B) custody evaluations,parent-time evaluations, parental fitness evaluations, substance abuseevaluations, domestic violence evaluations;

(6)(C) medical, psychological, psychiatricevaluations;

(6)(D) pre-disposition and social summaryreports;

(6)(E) probation agency andinstitutional reports or evaluations;

(6)(F) referral reports;

(6)(G) report of preliminaryinquiries; and

(6)(H) treatment or service plans.

(7) Juvenile Court Legal Records. The followingare juvenile court legal records:

(7)(A) accounting records;

(7)(B) discovery filed with thecourt;

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

(7)(D) name of a party orminor;

(7)(E) record of a courthearing;

(7)(F) referral and offensehistories

(7)(G) and any other juvenilecourt record regarding a minor that is not designated as a social record.

(8) Safeguarded Court Records. The followingcourt records are safeguarded:

(8)(A) upon request, location information, contact information,and identity information other than name of a petitioner and other persons tobe protected in an action filed under Title 77, Chapter 3a, StalkingInjunctions or Title 78B, Chapter 7, Protective Orders;

(8)(B) upon request, location information, contact information andidentity information other than name of a party or the party?s child aftershowing by affidavit that the health, safety, or liberty of the party or childwould be jeopardized by disclosure in a proceeding under Title 78B, Chapter 13,Utah Uniform Child Custody Jurisdiction and Enforcement Act or Title 78B,Chapter 14, Uniform Interstate Family Support Act or Title 78B, Chapter 15,Utah Uniform Parentage Act;

(8)(C) location information,contact information, and identity information of prospective jurors on themaster jury list or the qualified jury list;

(8)(D) location information,contact information, and identity information other than name of a prospectivejuror summoned to attend court;

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

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

information from which the person can be located or contacted;

(8)(E)(ii) date of birth, driver?s license number, social security number,account description 

and number, password, identification number, maiden name,mother?s maiden name, and similar personal identifying information. 

 

EffectiveNovember 1, 2018