Utah Courts
UCJA Rule 4-202.03 (Code of Judicial Administration)
UCJA Rule 4-202.03 (Code of Judicial Administration)
Rule 4-202.03. Records Access.
Intent:
To identify who may access court records.
Applicability:
This rule applies to the judicial branch.
Statement of the Rule:
(1) Public Court Records. Any person may access a public court record.
(2) Sealed Court Records. No one may access a sealed court record except as authorized below or by order of the court. A judge may review a sealed record when the circumstances warrant.
(2)(A) Adoption records. Upon request and presentation of positive identification, an adoption petition, and any other documents filed in connection with the adoption, may be open to inspection and copying:
(2)(A)(i) by a party to the adoption proceeding while the proceeding is pending or within six months after the day on which the adoption decree is entered;
(2)(A)(ii) when the adoption document becomes public on the one hundredth anniversary of the date of the final decree of adoption was entered;
(2)(A)(iii) when the birth certificate becomes public on the one hundredth anniversary of the date of birth;
(2)(A)(iv) by an attorney who is not the attorney of record with a release from an individual authorized access under this rule that is signed and notarized not more than 90 days before the date of the request for the records;
(2)(A)(v) by an individual who was 18 years of age or older at the time of adoption or their adoptive parent, without a court order, unless the final decree of adoption was entered by the juvenile court; and
(2)(A)(vi) by an individual who was a minor at the time of adoption, if the individual is 18 years of age or older and was born in the state of Utah, but only to the extent the birth parent consented to access under the Utah Adoption Act or if the birth parents listed on the original birth certificate are deceased.
(2)(B) Expunged records.
(2)(B)(i) The following may obtain certified copies of the expungement order and the case history upon request and presentation of positive identification:
(2)(B)(i)(a) the petitioner or an individual who receives an automatic expungement under Utah Code Chapter 40a or Section 77-27-5.1;
(2)(B)(i)(b) a law enforcement officer involved in the case, for use solely in the officer’s defense of a civil action arising out of the officer’s involvement with the petitioner in that particular case;
(2)(B)(i)(c) parties to a civil action arising out of the expunged incident, if the information is kept confidential and utilized only in the action; and
(2)(B)(i)(d) an attorney who is not the attorney of record with a release from an individual authorized access under this rule that is signed and notarized not more than 90 days before the date of the request.
(2)(B)(ii) Information contained in expunged records may be accessed by qualifying individuals and agencies under Utah Code Section 77-40a-403 upon written request and approval by the state court administrator in accordance with Rule 4-202.05. Requests must include documentation proving that the requester meets the conditions for access and a statement that the requester will comply with all confidentiality requirements in Rule 4-202.05 and Utah Code.
(2)(C) Video records. An official court transcriber may obtain a video record of a court proceeding for the purposes outlined in Rule 5-202. A court employee may obtain a video record of a court proceeding if needed to fulfill official court duties.
(3) Private Court Records. The following may access a private court record:
(3)(A) the subject of the record;
(3)(B) the parent or guardian of the subject of the record if the subject is an unemancipated minor or under a legal incapacity;
(3)(C) a party, attorney for a party, or licensed paralegal practitioner for a party to litigation in which the record is filed;
(3)(D) an interested person to an action under the Uniform Probate Code;
(3)(E) the person who submitted the record;
(3)(F) the attorney or licensed paralegal practitioner for a person who may access the private record or an individual who has a written power of attorney from the person or the person’s attorney or licensed paralegal practitioner;
(3)(G) an individual with a release from a person who may access the private record signed and notarized no more than 90 days before the date the request is made;
(3)(H) anyone by court order;
(3)(I) court personnel, but only to achieve the purpose for which the record was submitted;
(3)(J) a person provided the record under Rule 4-202.04 or Rule 4-202.05; and
(3)(K) a governmental entity with which the record is shared under Rule 4-202.10.
(4) Protected Court Records. The following may access a protected court record:
(4)(A) the person or governmental entity whose interests are protected by closure;
(4)(B) the parent or guardian of the person whose interests are protected by closure if the person is an unemancipated minor or under a legal incapacity;
(4)(C) the person who submitted the record;
(4)(D) the attorney or licensed paralegal practitioner for the person who submitted the record or for the person or governmental entity whose interests are protected by closure or for the parent or guardian of the person if the person is an unemancipated minor or under a legal incapacity or an individual who has a power of attorney from such person or governmental entity;
(4)(E) an individual with a release from the person who submitted the record or from the person or governmental entity whose interests are protected by closure or from the parent or guardian of the person if the person is an unemancipated minor or under a legal incapacity signed and notarized no more than 90 days before the date the request is made;
(4)(F) a party, attorney for a party, or licensed paralegal practitioner for a party to litigation in which the record is filed;
(4)(G) anyone by court order;
(4)(H) court personnel, but only to achieve the purpose for which the record was submitted;
(4)(I) a person provided the record under Rule 4-202.04 or Rule 4-202.05; and
(4)(J) a governmental entity with which the record is shared under Rule 4-202.10.
(5) Juvenile Court Social Records. The following may access a juvenile court social record:
(5)(A) the subject of the record, if 18 years of age or over;
(5)(B) a parent or guardian of the subject of the record, or their attorney, if the subject is an unemancipated minor;
(5)(C) an attorney or person with power of attorney for the subject of the record;
(5)(D) a person with a notarized release from the subject of the record or the subject’s legal representative dated no more than 90 days before the date the request is made;
(5)(E) the subject of the record’s therapists and evaluators;
(5)(F) a self-represented litigant, a prosecuting attorney, a defense attorney, a Guardian ad Litem, and an Attorney General involved in the litigation in which the record is filed;
(5)(G) a governmental entity charged with custody, guardianship, protective supervision, probation or parole of the subject of the record including juvenile probation, Division of Child and Family Services and Juvenile Justice Services;
(5)(H) the Department of Human Services, school districts and vendors with whom they or the courts contract (who shall not permit further access to the record), but only for court business;
(5)(I) court personnel, but only to achieve the purpose for which the record was submitted;
(5)(J) a governmental entity with which the record is shared under Rule 4-202.10;
(5)(K) the person who submitted the record;
(5)(L) public or private individuals or agencies providing services to the subject of the record or to the subject’s family, including services provided pursuant to a nonjudicial adjustment, if a probation officer determines that access is necessary to provide effective services; and
(5)(M) anyone by court order.
(5)(N) Dispositional reports on delinquency cases may be accessed by the minor’s counsel, the prosecuting attorney, the guardian ad litem, and the counsel for the parent, guardian, or custodian of a child. When a minor or minor’s parent, guardian, or custodian is not represented by counsel the court may limit inspection of reports by the minor or the minor’s parent, guardian, or custodian if the court determines it is in the best interest of the minor.
(5)(O) Juvenile court competency evaluations, psychological evaluations, psychiatric evaluations, psychosexual evaluations, sex behavior risk assessments, and other sensitive mental health and medical records may be accessed only by:
(5)(O)(i) a prosecuting attorney, a defense attorney, a Guardian ad Litem, and an Attorney General involved in the litigation in which the record is filed;
(5)(O)(ii) a governmental entity charged with custody, guardianship, protective supervision, probation or parole of the subject of the record including juvenile probation, Division of Child and Family Services and Juvenile Justice Services;
(5)(O)(iii) court personnel, but only to achieve the purpose for which the record was submitted; and
(5)(O)(iv) anyone by court order.
(5)(P) When releasing records under (5)(O)(iv), the court should consider whether releasing the records to the subject of the record would be detrimental to the subject’s mental health or the safety of any individual, or would constitute a violation of normal professional practice and medical ethics.
(5)(Q) When records may be accessed only by court order, a juvenile court judge will permit access consistent with Rule 4-202.04 as required by due process of law in a manner that serves the best interest of the child.
(6) Juvenile Court Legal Records. The following may access a juvenile court legal record:
(6)(A) all who may access the juvenile court social record;
(6)(B) a law enforcement agency;
(6)(C) a children’s justice center;
(6)(D) public or private individuals or agencies providing services to the subject of the record or to the subject’s family;
(6)(E) the victim of a delinquent act may access the disposition order entered against the minor; and
(6)(F) the parent or guardian of the victim of a delinquent act may access the disposition order entered against the minor if the victim is an unemancipated minor or under legal incapacity.
(7) Safeguarded Court Records. The following may access a safeguarded record:
(7)(A) the subject of the record;
(7)(B) the person who submitted the record;
(7)(C) the attorney or licensed paralegal practitioner for a person who may access the record or an individual who has a written power of attorney from the person or the person’s attorney or licensed paralegal practitioner;
(7)(D) an individual with a release from a person who may access the record signed and notarized no more than 90 days before the date the request is made;
(7)(E) anyone by court order;
(7)(F) court personnel, but only to achieve the purpose for which the record was submitted;
(7)(G) a person provided the record under Rule 4-202.04 or Rule 4-202.05;
(7)(H) a governmental entity with which the record is shared under Rule 4-202.10; and
(7)(I) a person given access to the record in order for juvenile probation to fulfill a probation responsibility.
(8) Records prepared and maintained by juvenile court probation that are not filed in a juvenile court case are not open for inspection except by order of the court.
(9) Court personnel shall permit access to court records only by authorized persons. The court may order anyone who accesses a non-public record not to permit further access, the violation of which may be contempt of court.
(10) If a court or court employee in an official capacity is a party in a case, the records of the party and the party’s attorney are subject to the rules of discovery and evidence to the same extent as any other party.
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