Utah Courts
UCJA Rule 4-202.04 (Code of Judicial Administration)
UCJA Rule 4-202.04 (Code of Judicial Administration)
Rule 4-202.04. Request to access a record associated with a case; request to classify a record associated with a case.
Intent: to establish the process for accessing a court record associated with a case.
Applicability:
This rule applies to court records associated with a case.
(1) Request to access record.
(1)(A) Public records. A request to access a public court record must be presented in writing to the court clerk, unless the court clerk waives the requirement.
(1)(B) Non-public records. A written request to access a non-public court record must be presented in writing to the court clerk and the requester must present identification. A court clerk may waive the written requirement if the requester is authorized to access to the non-public court record under Rule 4-202.03.
(1)(C) Written requests. A written request must contain the requester’s name, email address, mailing address, telephone number, and a description of the record requested.
(2) Motion or petition to access record.
(2)(A) If a written request to access a court record is denied by the court clerk, the requester may file a motion or petition to access the record.
(2)(B) A person not authorized to access a non-public court record pursuant to Rule 4-202.03 must file a motion or petition to access the record. If the court allows access, the court may impose any reasonable conditions to protect the interests favoring closure.
(2)(C) A motion should be filed when the court record is associated with a case over which the court has continuing jurisdiction. A petition should be filed when the court record is associated with a case over which the court no longer has jurisdiction.
(3) Motion or petition to reclassify record.
(3)(A) If the court record is associated with a case over which the court has continuing jurisdiction, a person with an interest in a court record may file a motion to classify the record as a private, protected, sealed, safeguarded, juvenile court legal, or juvenile court social record; or to have information redacted from the record. The court must deny access to the record until the court enters an order.
(3)(B) If the court record is associated with a case over which the court no longer has jurisdiction, a person with an interest in the record may file a petition to classify the record as a private, protected, sealed, safeguarded, juvenile court legal, or juvenile court social record; or to have information redacted from the record. The court must deny access to the record until the court enters an order.
(4) Rules of Procedure Applicable to Motions and Petitions. As appropriate for the nature of the case with which the record is associated, the motion or petition must be filed, and proceedings must be conducted, in accordance with the Utah Rules of Civil Procedure, Utah Rules of Criminal Procedure, Utah Rules of Juvenile Procedure, or Utah Rules of Appellate Procedure. The person filing the motion or petition must serve any representative of the press who has requested notice in the case. The court must conduct a closure hearing when a motion or petition to close a record is contested, when the press has requested notice of closure motions or petitions in a particular case, or when the court decides public interest in the record warrants a hearing.
(5) Classify – Redact. The court may classify the record as a private, protected, sealed, safeguarded, juvenile court legal, or juvenile court social record, or redact information from the record if the record or information:
(5)(A) is classified as a private, protected, sealed, safeguarded, juvenile court legal, or juvenile court social record under Rule 4-202.02;
(5)(B) is classified as a private, controlled, or protected record by a governmental entity and shared with the court under Utah Code, title 63G, chapter 2, Government Records Access and Management Act;
(5)(C) is a record regarding the character or competence of an individual; or
(5)(D) is a record containing information the disclosure of which constitutes an unwarranted invasion of personal privacy.
(6) Factors and findings. When deciding whether to allow access to a court record or whether to classify a court record as a private, protected, or sealed, safeguarded, juvenile court legal, or juvenile court social record, or to redact information from the record, the court may consider any relevant factor, interest, or policy, including but not limited to the interests described in Rule 4-202. In ruling on a motion or petition under this rule the court must:
(6)(A) make findings and conclusions about specific records;
(6)(B) identify and balance the interests favoring opening and closing the record; and
(6)(C) if the record is ordered closed, determine there are no reasonable alternatives to closure sufficient to protect the interests favoring closure.
(7) Appellate briefs. If an appellate brief is sealed, the court clerk must seal the brief under Rule 4-205. If an appellate brief is classified as a private, protected, safeguarded, juvenile court legal, or juvenile court social record, the court clerk must allow access only to persons authorized by Rule 4-202.03. If the court orders information redacted from the brief, the court clerk must remove the information and allow public access to the edited brief.
(8) State Law Library. If the petitioner serves an order on the director of the state law library, the director must comply with the order in the same manner as a court clerk.
(9) Compliance. Unless otherwise ordered by the court, the order is binding only on the court, the parties to the motion or petition, and the state law library. Compliance with the order by any other person is voluntary.
(10) Governing rules. A request under this rule to access a public court record is also governed by Rule 4-202.06. A motion or petition under this rule is not governed by Rule 4-202.06 or Rule 4-202.07.
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