Terms Used In Utah Code > Title 63G > Chapter 2 > Part 4 - Appeals

• Access denial: means a governmental entity's denial, under Subsection 63G-2-204(9) or Section 63G-2-205, in whole or in part, of a record request. See Utah Code 63G-2-400.5
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appellate affirmation: means a decision of a chief administrative officer, local appeals board, or State Records Committee affirming an access denial. See Utah Code 63G-2-400.5
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Computer program: means :
            (4)(a)(i) a series of instructions or statements that permit the functioning of a computer system in a manner designed to provide storage, retrieval, and manipulation of data from the computer system; and
            (4)(a)(ii) any associated documentation and source material that explain how to operate the computer program. See Utah Code 63G-2-103
• Controlled record: means a record containing data on individuals that is controlled as provided by Section 63G-2-304. See Utah Code 63G-2-103
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Governmental entity: means :
            (11)(a)(i) executive department agencies of the state, the offices of the governor, lieutenant governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole, the Board of Examiners, the National Guard, the Career Service Review Office, the State Board of Education, the Utah Board of Higher Education, and the State Archives;
            (11)(a)(ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative committees, except any political party, group, caucus, or rules or sifting committee of the Legislature;
            (11)(a)(iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar administrative units in the judicial branch;
            (11)(a)(iv) any state-funded institution of higher education or public education; or
            (11)(a)(v) any political subdivision of the state, but, if a political subdivision has adopted an ordinance or a policy relating to information practices pursuant to Section 63G-2-701, this chapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or as specified in any other section of this chapter that specifically refers to political subdivisions. See Utah Code 63G-2-103
• Individual: means a human being. See Utah Code 63G-2-103
• Interested party: means a person, other than a requester, who is aggrieved by an access denial or an appellate affirmation, whether or not the person participated in proceedings leading to the access denial or appellate affirmation. See Utah Code 63G-2-400.5
• Local appeals board: means an appeals board established by a political subdivision under Subsection 63G-2-701(5)(c). See Utah Code 63G-2-400.5
• Notice of compliance: means a statement confirming that a governmental entity has complied with an order of the State Records Committee. See Utah Code 63G-2-103
• Person: means :
       (17)(a) an individual;
       (17)(b) a nonprofit or profit corporation;
       (17)(c) a partnership;
       (17)(d) a sole proprietorship;
       (17)(e) other type of business organization; or
       (17)(f) any combination acting in concert with one another. See Utah Code 63G-2-103
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Protected record: means a record that is classified protected as provided by Section 63G-2-305. 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
• Record request: means a request for a record under Section 63G-2-204. See Utah Code 63G-2-400.5
• Record series: means a group of records that may be treated as a unit for purposes of designation, description, management, or disposition. See Utah Code 63G-2-103
• Records committee appellant: means :
       (6)(a) a political subdivision that seeks to appeal a decision of a local appeals board to the State Records Committee; or
       (6)(b) a requester or interested party who seeks to appeal to the State Records Committee a decision affirming an access denial. See Utah Code 63G-2-400.5
• Records officer: means the individual appointed by the chief administrative officer of each governmental entity, or the political subdivision to work with state archives in the care, maintenance, scheduling, designation, classification, disposal, and preservation of records. See Utah Code 63G-2-103
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Requester: means a person who submits a record request to a governmental entity. See Utah Code 63G-2-400.5
• 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
• State Records Committee: means the State Records Committee created in Section 63G-2-501. See Utah Code 63G-2-103
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5