Utah Code Jud. Admin. 4-208

As amended through October 28, 2024

Rule 4-208 - Automated case processing procedures

Intent:

The intent of this rule is to govern the Administrative Office of the Court's development and implementation of automated expungement and deferred traffic prosecution processes.

Applicability:

This rule applies to cases in district, juvenile, and justice courts.

Statement of the Rule:

(1)Definitions.

"Expunge" means to seal or otherwise restrict access to the individual's court record.

(2)Automated expungement and deferred traffic prosecution processes

(2)(A) The Administrative Office of the Courts shall develop and implement automated expungement and deferred traffic prosecution processes.

(2)(B) Automated processes must comply with the requirements outlined in the Utah Rules of Procedure and the Utah Code.

(2)(C) All automated processes developed by the Administrative Office of the Courts shall be approved by the Utah Judicial Council.

(2)(D) No automatic expungement orders under Utah Code Title 77, Chapter 40a, Part 2 shall issue outside of the automated processes approved by the Utah Judicial Council.

(3)Standing and automated orders

(3)(A) The presiding officer of the Judicial Council may appoint a district or juvenile court presiding judge as a signing judge for automatic expungements in all district or juvenile courts within the presiding judge's district in accordance with Rule 3-108.

(3)(B) The presiding officer of the Judicial Council may appoint a district court presiding judge as a signing judge for automated deferred traffic prosecution orders in all district courts within the presiding judge's district with jurisdiction over eligible cases in accordance with Rule 3-108.

(3)(C) A justice court presiding judge may act as a signing judge for automatic expungements and automated deferred traffic prosecution orders in all justice courts within the presiding judge's district. The length of the assignment must coincide with the judge's term as a presiding judge.

(3)(D) If the district, juvenile, or justice court presiding judge determines that the requirements under the Utah Code, Utah Rules of Procedure, and this rule have been met, the presiding judge shall issue a standing order authorizing the Administrative Office of the Courts to prepare and automatically affix the presiding judge's judicial signature to orders of expungement and deferred traffic prosecution issued in relation to cases from that judicial district.

(3)(E) The form and content of automated orders must be approved by the Utah Judicial Council.

(4)Notice of action taken.

The Administrative Office the Courts shall send notice that an order of deferred traffic prosecution has been issued in accordance with the Utah Rules of Procedure. Notifications and orders may be sent electronically.

Utah Code Jud. Admin. 4-208

Adopted December 22, 2021, effective 5/1/2022; amended effective 10/1/2022; amended December 20, 2023, effective 1/1/2024.