Utah Courts
UCJA Rule 4-202.07 (Code of Judicial Administration)
UCJA Rule 4-202.07 (Code of Judicial Administration)
Rule 4-202.07. Appeals.
Intent:
To establish the rights and procedures in an appeal of a record request.
Applicability:
This rule applies to requests to access or classify a court record, other than a motion or petition under Rule 4-202.04.
Statement of the Rule:
(1) Access – Extraordinary circumstances. A person requesting access to a court record may appeal a denial of the request, a claim of extraordinary circumstances, or the time claimed necessary to address the extraordinary circumstances. A person whose interests are protected by closure may appeal a decision to permit access to a court record.
(2) Classification. A person requesting that a court record be classified as private or protected may appeal a denial of the request.
(3) Time for filing appeal. An appeal must be made in writing within 30 days after the decision giving rise to the appeal, or within 30 days after a request is deemed denied under Rule 4-202.06(6).
(4) Notice of appeal.
(4)(A) The notice of appeal must contain the appellant’s name, email address, mailing address, daytime telephone number, the relief sought, and a statement of facts, authority and argument in support of the appeal.
(4)(B) If the original request was to the custodian of the record, the appeal is to the state court administrator. If the original request was to the state court administrator, the appeal is to the Management Committee. The appeal of a decision by the state court administrator is to the Management Committee.
(4)(C) The notice of appeal must be delivered to the state court administrator, including appeals to the Management Committee.
(5) State court administrator. The state court administrator may mail a decision within 5 business days after receiving the appeal, or within 15 business days after mailing a notice under Rule 4-202.05(2)(B). If the state court administrator does not mail a decision, the appeal is deemed denied.
(6) Management Committee.
(6)(A) Initial review. The Management Committee will review an appeal at its first meeting held no fewer than 15 business days, but not more than 45 business days, after receiving the appeal. After reviewing the appeal, the Management Committee will determine whether to issue a decision denying the appeal, schedule a hearing on the appeal, or take no action on the appeal, in which case the appeal is deemed denied. An appeal to the Management Committee is deemed denied unless a decision on the appeal is mailed within 5 business days after the Management Committee’s initial review
(6)(B) Notice of hearing. If the Management Committee determines to hold a hearing on the appeal, the state court administrator will:
(6)(B)(i) notify the Office of General Counsel no fewer than 15 business days before the hearing to submit a written statement of facts, authority and argument in opposition to the appeal and to appear before the Management Committee . The Office of General Counsel shall submit its written statement of facts, authority and argument to the state court administrator and the appellant at least 7 business days before the meeting; and
(6)(B)(ii) notify the appellant no fewer than 5 business days after the initial review that a hearing will be held.
(6)(C) Hearing.
(6)(C)(i)The Management Committee may permit any other person whose interests are substantially affected by a decision to participate. The order of presentation will be decided by the Management Committee.
(6)(C)(ii) Discovery is prohibited, but the Management Committee may compel the production of evidence. The Management Committee may review a record in a closed meeting.
(6)(C)(iii) The deliberations of the Management Committee are closed, but the hearing on the appeal is an open and public meeting of which notice will be given in accordance with Rule 2-103.
(6)(D) Decision. Following the hearing or the initial review of the appeal, the Management Committee may issue a written decision on the appeal. The state court administrator will mail written decisions to all participants.
(7) Time. The time periods in this rule may be extended by mutual agreement. A document required to be sent by mail may be sent by email, fax or hand-delivery. The duties of the state court administrator may be delegated.
(8) Judicial review. Nothing in this rule prevents an individual from filing a petition for judicial review as provided by statute.
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