Utah Code 63G-2-207. Subpoenas — Court ordered disclosure for discovery
Current as of: 2024 | Check for updates
|
Other versions
(1) Subpoenas and other methods of discovery under the state or federal statutes or rules of civil, criminal, administrative, or legislative procedure are not written requests under Section 63G-2-204 .
Terms Used In Utah Code 63G-2-207
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Individual: means a human being. See Utah Code 63G-2-103
- Record: means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics:(25)(a)(i) that is prepared, owned, received, or retained by a governmental entity or political subdivision; and(25)(a)(ii) where all of the information in the original is reproducible by photocopy or other mechanical or electronic means. See Utah Code 63G-2-103
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)(2)(a)(2)(a)(i) Except as otherwise provided in Subsection(2)(c) , in judicial or administrative proceedings in which an individual is requesting discovery of records classified private, controlled, or protected under this chapter, or otherwise restricted from access by other statutes, the court, or an administrative law judge shall follow the procedure in Subsection63G-2-202(7) before ordering disclosure.(2)(a)(ii) Until the court or an administrative law judge orders disclosure, these records are privileged from discovery.(2)(b) If, the court or administrative order requires disclosure, the terms of the order may limit the requester’s further use and disclosure of the record in accordance with Subsection63G-2-202(7) , in order to protect the privacy interests recognized in this chapter.(2)(c) Unless a court or administrative law judge imposes limitations in a restrictive order, this section does not limit the right to obtain:(2)(c)(i) records through the procedures set forth in this chapter; or(2)(c)(ii) medical records discoverable under state or federal court rules as authorized by Subsection63G-2-302(3) .