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Rule 4-202.02.? RecordsClassification.


To classify court records as public or non-public.


This rule applies to the judicial branch.

Statement of the Rule:

(1)       Presumptionof Public Court Records.? Courtrecords are public unless otherwise classified by this rule.

(2)       PublicCourt Records. Public court records include but are not limited to:

(2)(A)       abstractof a citation that redacts all non-public information;

(2)(B)       aggregaterecords without non-public information and without personal identifying information;

(2)(C)       appellatefilings, including briefs;

(2)(D)       arrestwarrants, but a court may restrict access before service;

(2)(E)       auditreports;

(2)(F)       casefiles;

(2)(G)      committeereports after release by the Judicial Council or the court that requested thestudy;

(2)(H)       contractsentered into by the judicial branch and records of compliance with the terms ofa contract;

(2)(I)        drafts that were never finalized but were reliedupon in carrying out an action or policy;

(2)(J)       exhibits, but the judge may regulate or denyaccess to ensure the integrity of the exhibit, a fair trial or interestsfavoring closure;

(2)(K)       financialrecords;

(2)(L)       indexes approved by the Management Committee ofthe Judicial Council, including the following, in courts other than thejuvenile court; an index may contain any other index information:

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

(2)(L)(ii)       attorneyname;

(2)(L)(iii)      licensedparalegal practitioner name;

(2)(L)(iv)     casenumber;

(2)(L)(v)      casestatus;

(2)(L)(vi)     civilcase type or criminal violation;

(2)(L)(vii)    civiljudgment or criminal disposition;

(2)(L)(viii)   dailycalendar;

(2)(L)(ix)     filedate;

(2)(L)(x)      partyname;

(2)(M)      name,business address, business telephone number, and business email address of anadult person or business entity other than a party or a victim or witness of acrime;

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

(2)(O)      name,business address, business telephone number, and business email address of alawyer or licensed paralegal practitioner appearing in a case;

(2)(P)       name,business address, business telephone number, and business email address ofcourt personnel other than judges;

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

(2)(R)       name,gender, gross salary and benefits, job title and description, number of hoursworked per pay period, dates of employment, and relevant qualifications of acurrent or former court personnel;

(2)(S)       unlessclassified by the judge as private or safeguarded to protect the personalsafety of the juror or the juror?s family, the name of a juror empaneled to trya case, but only 10 days after the jury is discharged;

(2)(T)       opinions,including concurring and dissenting opinions, and orders entered in openhearings;

(2)(U)       orderor decision classifying a record as not public;

(2)(V)       privaterecord if the subject of the record has given written permission to make therecord public;

(2)(W)      probationprogress/violation reports;

(2)(X)       publicationsof the administrative office of the courts;

(2)(Y)       recordin which the judicial branch determines or states an opinion on the rights ofthe state, a political subdivision, the public, or a person;

(2)(Z)       recordof the receipt or expenditure of public funds;

(2)(AA)    recordor minutes of an open meeting or hearing and the transcript of them;

(2)(BB)    recordof formal discipline of current or former court personnel or of a personregulated by the judicial branch if the disciplinary action has been completed,and all time periods for administrative appeal have expired, and thedisciplinary action was sustained;

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

(2)(DD)   reportsused by the judiciary if all of the data in the report is public or theJudicial Council designates the report as a public record;

(2)(EE)    rulesof the Supreme Court and Judicial Council;

(2)(FF)    searchwarrants, the application and all affidavits or other recorded testimony onwhich a warrant is based are public after they are unsealed under Utah Rule ofCriminal Procedure 40;

(2)(GG)  statisticaldata derived from public and non-public records but that disclose only publicdata; and

(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)       SealedCourt Records. The following court records are sealed:

(3)(A)       recordsin the following actions:

(3)(A)(i)       Title78B, Chapter 6, Part 1 ? Utah Adoption Act six months after the conclusion ofproceedings, which are private until sealed;

(3)(A)(ii)      Title78B, Chapter 15, Part 8 ? Gestational Agreement, six months after theconclusion of proceedings, which are private until sealed;

(3)(A)(iii)     Section76-7-304.5 ? Consent required for abortions performed on minors; and

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

(3)(B)       expungedrecords;

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

(3)(D)       recordsshowing the identity of a confidential informant;

(3)(E)       recordsrelating to the possession of a financial institution by the commissioner offinancial institutions under Utah Code Section 7-2-6;

(3)(F)       willsdeposited for safe keeping under Utah Code Section 75-2-901;

(3)(G)      recordsdesignated as sealed by rule of the Supreme Court;

(3)(H)       recordof a Children's Justice Center investigative interview after the conclusion ofany legal proceedings; and

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

(4)       PrivateCourt Records. The following court records are private:

(4)(A)       recordsin the following actions:

(4)(A)(i)       Section62A-15-631, Involuntary commitment under court order;

(4)(A)(ii)      Section76-10-532, Removal from the National Instant Check System database;

(4)(A)(iii)     Title78B, Chapter 6, Part 1, Utah Adoption Act, until the records are sealed;

(4)(A)(iv)     Title78B, 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)       recordsin the following actions, except that the case history, judgments, orders,decrees, letters of appointment, and the record of public hearings are publicrecords:

(4)(B)(i)       Title30, Husband and Wife, including qualified domestic relations orders, exceptthat an action for consortium due to personal injury under Section 30-2-11 ispublic;

(4)(B)(ii)      Title77, Chapter 3a, Stalking Injunctions;

(4)(B)(iii)     Title75, Chapter 5, Protection of Persons Under Disability and their Property;

(4)(B)(iv)     Title78B, Chapter 7, Protective Orders;

(4)(B)(v)      Title78B, Chapter 12, Utah Child Support Act;

(4)(B)(vi)     Title78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act;

(4)(B)(vii)    Title78B, Chapter 14, Uniform Interstate Family Support Act;

(4)(B)(viii)   Title78B, Chapter 15, Utah Uniform Parentage Act; and

(4)(B)(ix)     anaction to modify or enforce a judgment in any of the actions in thissubparagraph (B);

(4)(C)       affidavitof indigency;

(4)(D)       anaffidavit supporting a motion to waive fees;

(4)(E)       aggregaterecords other than public aggregate records under subsection (2);

(4)(F)       alternativedispute resolution records;

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

(4)(H)       jailbooking sheets;

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

(4)(J)       judgment information statement;

(4)(K)       judicialreview of final agency action under Utah Code Section 62A-4a-1009;

(4)(L)       the following personal identifying informationabout a party: driver?s license number, social security number, accountdescription and number, password, identification number, maiden name andmother?s maiden name, and similar personal identifying information;

(4)(M)      thefollowing personal identifying information about a person other than a party ora victim or witness of a crime: residential address, personal email address,personal telephone number; date of birth, driver?s license number, socialsecurity number, account description and number, password, identificationnumber, maiden name, mother?s maiden name, and similar personal identifyinginformation;

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

(4)(O)      nameof a minor, except that the name of a minor party is public in the followingdistrict and justice court proceedings:

(4)(O)(i)       namechange of a minor;

(4)(O)(ii)      guardianshipor conservatorship for a minor;

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

(4)(O)(iv)    protectiveorders; and

(4)(O)(v)     custodyorders and decrees;

(4)(P)       nonresidentviolator notice of noncompliance;

(4)(Q)      personnelfile of a current or former court personnel or applicant for employment;

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

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

(4)(S)(i)       permanentlyif the hearing is not traditionally open to the public and public access doesnot play a significant positive role in the process; or

(4)(S)(ii)      ifthe hearing is traditionally open to the public, until the judge determines itis possible to release the record without prejudice to the interests thatjustified the closure;

(4)(T)       recordsubmitted by a senior judge or court commissioner regarding performanceevaluation and certification;

(4)(U)       recordsubmitted for in camera review until its public availability is determined;

(4)(V)       reportsof investigations by Child Protective Services;

(4)(W)      victimimpact statements;

(4)(X)       nameof a prospective juror summoned to attend court, unless classified by the judgeas safeguarded to protect the personal safety of the prospective juror or theprospective juror?s family;

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

(4)(Z)       recordsin a proceeding under 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)       ProtectedCourt Records. The following court records are protected:

(5)(A)       attorney?swork product, including the mental impressions or legal theories of an attorneyor other representative of the courts concerning litigation, privilegedcommunication between the courts and an attorney representing, retained, oremployed by the courts, and records prepared solely in anticipation of litigationor a judicial, quasi-judicial, or administrative proceeding;

(5)(B)       recordsthat are subject to the attorney client privilege;

(5)(C)       bidsor proposals until the deadline for submitting them has closed;

(5)(D)       budgetanalyses, revenue estimates, and fiscal notes of proposed legislation beforeissuance of the final recommendations in 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)       courtsecurity plans;

(5)(G)      investigationand analysis of loss covered by the risk management fund;

(5)(H)       memorandumprepared by staff for a member of any body charged bylaw with performing a judicial function and used in the decision-makingprocess;

(5)(I)        confidential business records under Utah CodeSection 63G-2-309;

(5)(J)       record created or maintained for civil,criminal, or administrative enforcement purposes, audit or discipline purposes,or licensing, certification or registration purposes, if the record reasonablycould be expected to:

(5)(J)(i)       interfere with an investigation;

(5)(J)(ii)       interferewith a fair hearing or trial;

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

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

(5)(K)       recordidentifying property under consideration for sale or acquisition by the courtor its appraised or estimated value unless the information has been disclosedto someone not under a duty of confidentiality to the courts;

(5)(L)       record that would reveal the contents ofsettlement negotiations other than the final settlement agreement;

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

(6)       JuvenileCourt Social Records. The following are juvenile court social 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)       treatment or service plans.

(7)       JuvenileCourt Legal Records. The following are juvenile court legal 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)      and any other juvenile court record regarding a minor thatis not designated as a social record.

(8)       SafeguardedCourt Records. The following court records are safeguarded:

(8)(A)       uponrequest, location information, contact information, and identity informationother than name of a petitioner and other persons to be protected in an actionfiled under Title 77, Chapter 3a, Stalking Injunctions or Title 78B, Chapter 7,Protective Orders;

(8)(B)       uponrequest, location information, contact information and identity informationother than name of a party or the party?s child after showing by affidavit thatthe health, 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)       thefollowing information about a victim or witness of a crime:

(8)(E)(i)       businessand personal address, email address, telephone number, and similar informationfrom which 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.

Effective November 1, 2019