AGENCY: District Court (Third District : Salt Lake County)
SERIES: 12628
TITLE: Civil case files (sealed)
DATES: 1957-
ARRANGEMENT: Numerical by case number thereunder chronological by filing date.
DESCRIPTION: This series contains documents from civil case files or entire civil case files which have been ordered sealed by the court pursuant to statute or court rule. These documents were removed from the civil case files (series 1622) during filming. By law, records to be sealed are placed in an envelope which is then securely sealed. The court clerk records the case number on the envelope and inscribes across the sealed part of the envelope the words "Records sealed. Not to be opened except upon written order of the court." Sealed records are closed to inspection, except to the parties. Petitions to seal individual documents and entire case files pertaining to civil actions are most common in those that deal with patents, industrial secrets, and divorces involving prominent individuals. Case records including sealed divorce records, drivers license histories, and commitment records are classified as private. Custodial evaluations and home studies, psychological evaluations, judges notes, and other case records designated by statute, court order, or administrative rule or regulation to be confidential are routinely sealed by the court.
RETENTION
Retain permanently
DISPOSITION
May Transfer to Archives.
RETENTION AND DISPOSITION AUTHORIZATION
These records are in Archives' permanent custody.
APPROVED:. 04/2008
FORMAT MANAGEMENT
Paper: Retain in Office for 2 years and then transfer to State Records Center. Retain in State Records Center permanently.
APPRAISAL
Administrative Historical Legal
This disposition is based on the 1993 records retention policy of the Judicial Council (in UCA, Utah Court Rules Annotated, Appendix F), which has remained unchanged since the 1980 issue of the state Records Retention Schedule (Utah State Archives and Records Services, Department of Finance, 1980, page 1). The case files provide documentation about individuals, legal procedure, court history and functions, and other topics useful to legal researchers and historians. The court clerk is required by the Rules of Civil Procedure to file pleadings and other legal papers (Rule 5 [e]). They also have legal and administrative value to the court through dismissal or satisfaction of the final judgment. Because they enforce or protect private rights and prevent or redress private wrongs, the value of judge's decrees and final judgments to the parties in an action may extend well into the future. The series should be retained as a vital record essential for the operation of the court and its ability to fulfill its obligations to the public.
PRIMARY DESIGNATION
Exempt. Sealed by court order pursuant to statute or court rule, Code of Judicial Administration, Rule 4-202 (5).