DRAFT: June 24, 2026

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CJA. 4-202.02

DRAFT: June 24, 2026

Rule 4-202.02. Records Classification.

To classify court records as public or non-public.

This rule applies to the judicial branch.

(1) Presumption of Public Court Records. Court records are public unless otherwise

classified by this rule.

Intent:

Applicability:

Statement of the Rule:

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

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

(2)(B) aggregate records without non-public information and without personal identifying

information;

(2)(C) appellate filings, including briefs;

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

(2)(E) audit reports;

(2)(F) case files;

(2)(G) committee reports after release by the Judicial Council or the court that requested

the study;

(2)(H) contracts entered into by the judicial branch and records of compliance with the

terms of a contract;

(2)(I) drafts that were never finalized but were relied upon in carrying out an action or

policy;

(2)(J) exhibits, but the judge may regulate or deny access to ensure the integrity of the

exhibit, a fair trial or interests favoring closure;

(2)(K) financial records;

(2)(L) indexes approved by the Management Committee, including the following, in

courts other than 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) licensed paralegal practitioner name;

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(2)(L)(iv) case number;

(2)(L)(v) case status;

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

(2)(L)(vii) civil judgment or criminal disposition;

(2)(L)(viii) daily calendar;

(2)(L)(ix) file date;

(2)(L)(x) party name;

(2)(M) name, business address, business telephone number, and business email

address of an adult person or business entity other than a party or a victim or witness of

a crime;

(2)(N) name, address, telephone number, 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 or licensed paralegal practitioner appearing in a case;

(2)(P) name, business address, business telephone number, and business email

address of court 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

hours worked per pay period, dates of employment, and relevant qualifications of a

current or former court personnel;

(2)(S) unless classified by the judge as private or safeguarded to protect the personal

safety of the juror or the juror’s family, the name of a juror empaneled to try a case, but

only 10 days after the jury is discharged;

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

hearings;

(2)(U) order or decision classifying a record as non-public;

(2)(V) private record if the subject of the record has given written permission to make the

record public;

(2)(W) publications of the Administrative Office;

(2)(X) record in which the judicial branch determines or states an opinion on the rights of

the state, a political subdivision, the public, or a person;

CJA. 4-202.02

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(2)(Y) record of the receipt or expenditure of public funds;

(2)(Z) record, minutes, or transcript of an open meeting;

(2)(AA) official audio record, minutes, or transcript of an open hearing;

(2)(BB) record of formal discipline of current or former court personnel or of a person

regulated by the judicial branch if the disciplinary action has been completed, and all

time periods for administrative appeal have expired, 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 the report is public or the Judicial

Council designates the report as a public record;

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

(2)(FF) search warrants, the application and all affidavits or other recorded testimony on

which a warrant is based are public after they are unsealed under Rule 40 of the Utah

Rules of Criminal Procedure;

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

public data; and

(2)(HH) notwithstanding subsections (6) and (7), if a petition, indictment, or information is

filed charging a person 14 years of age or older with a felony or an offense that would be

a felony if committed by an adult, the petition, indictment or information, the adjudication

order, the disposition order, and the delinquency history summary of the person are

public records. The delinquency history summary will contain the name of the person, a

listing of the offenses for which the person was adjudged to be within the jurisdiction of

the juvenile court, and the disposition of the court in each of those offenses. Upon a

finding of good cause on the record, the juvenile court may reclassify these records as

non-public.

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

(3)(A) records in the following actions:

(3)(A)(i) Utah Code, title 81, chapter 13, Adoption, six months after the

conclusion of proceedings, which are private until sealed;

(3)(A)(ii) Utah Code, title 81, chapter 5, part 8, Gestational Agreement, six

months after the conclusion of proceedings, which are private until sealed;

(3)(A)(iii) Utah Code section 76-7-304.5, Consent required for abortions

performed on minors; and

(3)(A)(iv) Utah Code section 78B-8-402, Actions for disease testing;

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(3)(B) expunged records;

(3)(C) orders authorizing installation of pen register or trap and trace device under Utah

Code section 77-23a-15;

(3)(D) records showing the identity of a confidential informant;

(3)(E) records relating to the possession of a financial institution by the commissioner of

financial institutions under Utah Code section 7-2-6;

(3)(F) wills deposited for safe keeping under Utah Code, title 75, chapter 2, part 9,

Custody and Deposit of Wills;

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

(3)(H) record of a Children's Justice Center investigative interview after the conclusion of

any legal proceedings;

(3)(I) on appeal, any record previously designated as sealed by another court;

(3)(J) video record of a court proceeding, other than security video;

(3)(K) “nonpublic restitution record” as defined in Utah Code section 63M-7-502; and

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

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

(4)(A) records in the following actions:

(4)(A)(i) Utah Code section 26B-5-332, Involuntary commitment under court

order;

(4)(A)(ii) Utah Code section 76-11-310, Removal from the National Instant Check

System database;

(4)(A)(iii) Utah Code, title 81, chapter 13, Adoption, until the records are sealed;

(4)(A)(iv) Utah Code, title 81, chapter 5, part 8, Gestational Agreement, until the

records are sealed;

(4)(A)(v) cases initiated in the district court by filing an abstract of a juvenile court

restitution judgment; and

(4)(A)(vi) Utah Code section 26B-8-111, Sex designation changes, and name

changes combined with sex designation changes for both minors and adults,

except that:

(4)(A)(vi)(a) the case history is public for minors; and

CJA. 4-202.02

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(4)(A)(vi)(b) the case history and record of public hearings are public for

adults.

(4)(B) records in the following actions, except that the case history, judgments, orders,

decrees, letters of appointment, and the record of public hearings are public records:

(4)(B)(i) Utah Code, title 81, Utah Domestic Relations Code, including qualified

domestic relations orders, except that an action for consortium due to personal

injury under Utah Code section 81-3-111 is public;

(4)(B)(ii) Utah Code, title 75, chapter 5, Protection of Persons Under Disability

and their Property;

(4)(B)(iii) Utah Code, title 78B, chapter 7, Protective Orders and Stalking

Injunctions;

(4)(B)(iv) Utah Code, title 81, chapter 6, Child Support;

(4)(B)(v) Utah Code, title 81, chapter 11, Utah Uniform Child Custody Jurisdiction

and Enforcement Act;

(4)(B)(vi) Utah Code, title 81, chapter 8, Uniform Interstate Family Support Act;

(4)(B)(vii) Utah Code, title 81, chapter 5, Utah Uniform Parentage Act; and

(4)(B)(viii) an action to modify or enforce a judgment in any of the actions in this

subparagraph (4)(B);

(4)(C) records related to determinations of indigency;

(4)(D) an affidavit supporting a motion to waive fees;

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

(4)(F) alternative dispute resolution records;

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

(4)(H) jail booking sheets;

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

(4)(J) judgment information statement;

(4)(K) judicial review of final agency action under Utah Code section 80-2-707;

(4)(L) the following personal identifying information about a party: driver’s license

number, social security number, account description and number, password,

identification number, maiden name and mother’s maiden name, and similar personal

identifying information;

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(4)(M) the following personal identifying information about a person other than a party or

a victim or witness of a crime: residential address, personal email address, personal

telephone number; 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;

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

(4)(O) name of a minor, except that the name of a minor party is public in child protective

order proceedings in juvenile court and in the following district and justice court

proceedings:

(4)(O)(i) name change of a minor, unless the name change is combined with a

sex designation change;

(4)(O)(ii) guardianship or conservatorship for a minor;

(4)(O)(iii) felony, misdemeanor, or infraction when the minor is a party;

(4)(O)(iv) protective orders and stalking injunctions; and

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

(4)(P) nonresident violator notice of noncompliance;

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

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

(4)(S) record of a court hearing closed to the public or of a child’s testimony taken under

Rule 15.5 of the Utah Rules of Criminal Procedure:

(4)(S)(i) permanently if the hearing is not traditionally open to the public and

public access does not play a significant positive role in the process; or

(4)(S)(ii) if the hearing is traditionally open to the public, until the judge

determines it is possible to release the record without prejudice to the interests

that justified the closure;

(4)(T) record submitted by a senior judge or court commissioner regarding performance

evaluation and certification;

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

(4)(V) reports of investigations by Child Protective Services;

(4)(W) statement in support of petition to determine competency;

(4)(X) victim impact statements;

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(4)(Y) name of a prospective juror summoned to attend court, unless classified by the

judge as safeguarded to protect the personal safety of the prospective juror or the

prospective juror’s family;

(4)(Z) records filed pursuant to Rules 52 - 59 of the Utah Rules of Appellate Procedure,

except briefs filed pursuant to court order;

(4)(AA) records in a proceeding under Rule 60 of the Utah Rules of Appellate Procedure;

(4)(BB) records related to Court Commissioner Conduct Committee and Council actions

under Rule 3-201.02, other than a public censure by the Council;

(4)(CC) for an offense occurring on or after July 1, 2026, a court record that identifies a

victim of a crime by name rather than initials if, prior to the entry of final disposition,

judgment, or sentence in the case, a valid request is made under Rule 4-202.12; and

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

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

(5)(A) attorney’s work product, including the mental impressions or legal theories of an

attorney or other representative of the courts concerning litigation, privileged

communication between the courts and an attorney representing, retained, or employed

by the courts, and records prepared solely in anticipation of litigation or a judicial, quasijudicial, or administrative proceeding;

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

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

(5)(D) budget analyses, revenue estimates, and fiscal notes of proposed legislation

before issuance of the final recommendations in these areas;

(5)(E) budget recommendations, legislative proposals, and policy statements, that if

disclosed would reveal the court’s contemplated policies or contemplated courses of

action;

(5)(F) court security plans;

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

(5)(H) memorandum prepared by staff for a member of any body charged by law with

performing a judicial function and used in the decision-making process;

(5)(I) confidential business records under Utah Code section 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 reasonably could be expected to:

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

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(5)(J)(ii) interfere with a fair hearing or trial;

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

(5)(J)(iv) concern the security of a court facility;

(5)(K) record identifying property under consideration for sale or acquisition by the court

or its appraised or estimated value unless the information has been disclosed to

someone not under a duty of confidentiality to the courts;

(5)(L) record that would reveal the contents of settlement negotiations other than the

final settlement agreement;

(5)(M) record the disclosure of which would impair governmental procurement or give an

unfair advantage to any person;

(5)(N) record the disclosure of which would interfere with supervision of an offender’s

incarceration, probation, or parole;

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

(5)(P) strategy about collective bargaining or pending litigation;

(5)(Q) test questions and answers;

(5)(R) “trade secrets” as defined in Utah Code section 13-24-2;

(5)(S) record of a Children's Justice Center investigative interview before the conclusion

of any legal proceedings;

(5)(T) presentence investigation report;

(5)(U) probation progress/violation reports;

(5)(V) except for those filed with the court, records maintained and prepared by juvenile

probation;

(5)(W) unredacted judicial officer financial disclosure forms; and

(5)(X) motions, supporting materials, and records of hearings involving the admissibility

of evidence of a victim’s sexual behavior or other evidence under Rule 412 of the Utah

Rules of Evidence; and

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

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

(6)(A) correspondence relating to juvenile social records;

CJA. 4-202.02

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(6)(B) custody evaluations, parent-time evaluations, parental fitness evaluations,

substance abuse evaluations, domestic violence evaluations;

(6)(C) medical, psychological, psychiatric evaluations;

(6)(D) pre-disposition, dispositional, and social summary reports;

(6)(E) probation agency and institutional reports or evaluations;

(6)(F) referral reports;

(6)(G) report of preliminary inquiries;

(6)(H) treatment or service plans;

(6)(I) nonjudicial adjustment records; and

(6)(J) documents filed with the court that were received pursuant to the Utah Interstate

Compact for Juveniles.

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

(7)(A) accounting records;

(7)(B) discovery filed with the court;

(7)(C) pleadings, summonses, subpoenas, motions, affidavits, calendars, minutes,

findings, orders, decrees, probable cause statements;

(7)(D) name of a party or minor;

(7)(E) record of a court hearing;

(7)(F) referral and offense histories; and

(7)(G) any other juvenile court record regarding a minor that is not designated as a

social record.

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

(8)(A) upon request, location information, contact information, and identity information,

other than the name of a petitioner and other persons to be protected, in an action filed

under Utah Code, title 78B, chapter 7, Protective Orders and Stalking Injunctions;

(8)(B) upon request, location information, contact information and identity information,

other than the name of a party or the party’s child, after showing by affidavit that the

health, safety, or liberty of the party or child would be jeopardized by disclosure in a

proceeding under Utah Code, title 81, chapter 11, Utah Uniform Child Custody

Jurisdiction and Enforcement Act, Utah Code, title 81, chapter 8, Uniform Interstate

Family Support Act; or Utah Code, title 81, chapter 5, Utah Uniform Parentage Act;

CJA. 4-202.02

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(8)(C) upon request, if the information has been safeguarded under paragraph (8)(A) or

(8)(B), location information, contact information and identity information, other than the

name of a party or the party’s child, in a proceeding under Utah Code, title 81, Utah

Domestic Relations Code;

(8)(D) location information, contact information, and identity information of prospective

jurors on the master jury list or the qualified jury list;

(8)(E) location information, contact information, and identity information other than name

of a prospective juror summoned to attend court; and

(8)(F) the following information about a victim or witness of a crime, including, upon

receipt of notice, a participant in the Safe at Home Program under Utah Code, title 77,

chapter 38, part 6, Safe at Home Program:

(8)(F)(i) business and personal address, email address, telephone number, and

similar information from which the person can be located or contacted;

(8)(F)(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;

(8)(F)(iii) except for a Safe at Home Program participant’s assigned address,

documents showing a participant’s enrollment, including the authorization card,

for a program participant under Utah Code, title 77, chapter 38, part 6, Safe at

Home Program.

Effective: May 18, 2026November 1, 2026

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.