District Court (Third District : Salt Lake County) Miscellaneous case files (restricted), 1964-1992.

3.00 cubic feet

These records are housed in the Utah State Archives' permanent storage room.

Historical Note

See history of the records' creator.

Summary of Records

This series contains individual documents from miscellaneous case files or entire civil case files which have been ordered sealed by the court pursuant to statute or court rule or otherwise restricted.

Scope and Content

This series contains individual documents from miscellaneous case files or entire civil case files which have been ordered sealed by the court pursuant to statute or court rule or otherwise restricted. These documents were removed from the miscellaneous case files during archival processing. 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 in some cases to the parties. Among the restricted cases are sealed adoption files, sealed and expunged cases often relating to criminal investigations, and private medical files associated with court ordered sterilization or psychiatric examination.

The case files from which the restricted documents were removed are a collection of all documents and actions filed with thecourt clerk in connection with individual court actions. They document the legal process and the administration of justice in conjunction with miscellaneous cases that do not involve a hearing and generally need only the formality of a judge's signature for approval and thus take up little judicial time. The restricted documents are distinguished from Series 12628, CIVIL CASE FILES (SEALED), 1957-1969, which involve disputed cases wherein issues are more complex and proceedings more protracted.

Research Note

Cases from February 1977 to January 1980 are missing from series 6381, Miscellaneous case files (1940-1992).

The MISCELLANEOUS CASE FILES (Series 6381) from which these sealed and restricted documents have been removed retain their public classification and remain accessible to researchers.

Arrangement

For records created from 1964 to 1977, arrangement is chronological by initial filing date.

Since the addition of an alphanumeric prefix in 1977 (the letter "M", designating it as a miscellaneous case file, combined with a two-digit number indicating the year the action was begun), the arrangement has been chronological by calendar year, thereunder numerical by consecutive case number, i.e., M77-142. Documents within individual case files are arranged chronologically by filing date.??Cases were originally arranged chronologically by initial filing date. As documents were filed, an entry was made in the MISCELLANEOUS FILE REGISTERS OF ACTIONS. As a reference, the volume and page number of the entry was then noted on the document filed, i.e., 3-14. Several distinct cases generally appear on each page with all cases bearing the same volume and page number.

Access Restrictions

The Government Records Access and Management Act (GRAMA) provides that judicial records may be restricted under the rules of criminal or civil procedure (UCA 63-2- 301 [1] [f]. A party to an action may petition the court to expunge or seal case records. Among the sealed records are documents relinquishing newborn children for adoption, generally out of state. The Salt Lake County Clerk was ordered that "all files wherein orders of adoption have been or will hereafter be made be sealed and shall remain sealed except for opening by a specific order of the court" (order of Judge Joseph G. Jeppson entered in the Miscellaneous File Registers of Actions, volume 3, page 151, on May 27, 1966). Adoption petitions, written reports, and any documents filed in connection with an adoption hearing are to be sealed according to UCA 78-30-15.??Documents pertaining to court-ordered sterilization or psychiatric examination fall under the provisions of UCA 63-2-302(1)(b) making medical records private.

Use Restrictions

These records are available for reproduction and use.

Preferred Citation

Cite the Utah State Archives and Records Service, the creating agency name, the series title, and the series number.

Custody History

The Salt Lake County Clerk was constitutionally designated as ex-officioclerk of Third District Court in and for Salt Lake County until 1989 when the state assumed full financial and administrative responsibility for the district court. At that time a new court clerk was appointed. The county/district court clerk first transferred a few miscellaneous cases to the state archives in 1968 while the district court clerk transferred another 24 cubic feet in 1992.

Acquisition Information

These records were acquired from the creating agency through established retention schedules.

Processing Information

Case files were designated as a permanent record by Records Disposition Request 67-8, which also authorized microfilming and destruction of the original records. The records retention policy of the Utah Judicial Council reprinted in the 1983 state retention schedule first specified a nine-year retention before microfilming. A decision by the state archivist to maintain the paper format supersedes the policy to microfilm and destroy the originals after a nine-year retention. These records were archivally processed by W. Glen Fairclough, Jr., in 1994.

Other Finding Aids

Indexes: The indexes at the beginning of each volume of the registers of action provide access to the case files, covering from 1940 thru 1977. Indexes: COURT CASE INDEXES, Series 14158 is an alphabetic index to the case files, covering from 1977 thru 1988. Indexes: COURT CASE INDEXES, Series 14159 is a numeric index to the case files, covering from 1977 thru 1988.

Related Material

Civil case files from the District Court (Third District : Salt Lake County), Series 1622, where cases formerly designated as miscellaneous civil case files began to be incorporated into the civil case files in 1993.

Miscellaneous case files from the District Court (Third District : Salt Lake County), Series 6381, are the records from which cases sealed by court order or otherwise restricted were taken.

Civil case files (sealed) from the District Court (Third District : Salt Lake County), Series 12628, is made up of sealed cases removed from the civil case files (Series 1622).

Miscellaneous civil and criminal file registers of actions from the District Court (Third District : Salt Lake County), Series 14157, records the filing of original documents with the court clerk and serves and an index to the case files.

Court case indexes from the District Court (Third District : Salt Lake County), Series 14158, serves as an alphabetical index to the miscellaneous case files.

Court case indexes from the District Court (Third District : Salt Lake County), Series 14159, serves as a numeric index to the miscellaneous case files.

Indexing Terms

Court records--Utah--Salt Lake County.

Criminal courts--Utah--Salt Lake County.

Trials--Utah--Salt Lake County.

Container List

Box	Date	Description
1	1964	3-99
1	1966	3-142
1	1966	4-5
1	1967	4-16
1	1967	4-22
1	1967	4-26
1	1967	4-27
1	1967	4-28
1	1967	4-30
1	1967	4-35
1	1967	4-37
1	1967	4-46
1	1968	4-54
1	1968	4-60
1	1968	4-61
1	1969	4-62
1	1969	4-70
1	1969	4-72
1	1969	4-76
1	1969	5-22
1	1969	5-51
1	1969	5-53
1	1969	5-59
1	1969	5-66
1	1969	5-67
1	1969	5-68
1	1969	5-69
1	1969	5-70
1	1969	5-72
1	1971	5-73
1	1971	5-75
1	1971	5-76
1	1971	5-77
1	1971	5-79
1	1971	5-83
1	1971	5-85
1	1971	5-86
1	1971	5-87
1	1972	5-92
1	1972	5-101-1
1	1972	5-115
1	1972	5-130
1	1972	5-132
1	1972	5-140
1	1972	5-172
1	1972	5-186
1	1972	5-205
1	1972	5-207
1	1975	5-218
1	1975	5-240
1	1975	5-252
1	1976	5-253
1	1976	5-264
1	1976	5-269
1	1976	5-300
1	1977	5-306
1	1977	5-307
1	1977	77-155
1	1980	80-5
1	1980	80-6
1	1980	80-7
1	1980	80-10
1	1980	80-11
1	1980	80-44
1	1980	80-61
1	1980	80-62
1	1980	80-80
1	1980	80-91
1	1980	80-92
1	1981	81-5
1	1981	81-6
1	1981	81-7
1	1981	81-17
1	1981	81-38
1	1981	81-67
1	1981	81-73
1	1981	81-78
1	1982	82-1
1	1982	82-10
1	1982	82-15
1	1982	82-18
1	1982	82-76
1	1982	82-85
1	1982	82-102
1	1982	82-116
1	1982	82-124
1	1982	82-129
1	1983	83-5
1	1983	83-13
1	1983	83-14
1	1983	83-19
1	1983	83-59
1	1983	83-86
1	1983	83-94
1	1983	83-96
1	1983	83-110
1	1983	83-117
1	1983	83-122
1	1983	83-129
1	1983	83-139
1	1983	83-160
2	1984	84-9
2	1984	84-14
2	1984	84-16
2	1984	84-18
2	1984	84-31
2	1984	84-41
2	1984	84-56
2	1984	84-61
2	1984	84-64
2	1984	84-69
2	1984	84-70
2	1984	84-101
2	1984	84-104
2	1984	84-113
2	1985	85-7
2	1985	85-8
2	1985	85-9
2	1985	85-10
2	1985	85-15
2	1985	85-30
2	1985	85-33
2	1985	85-36
2	1985	85-37
2	1985	85-39
2	1985	85-40
2	1985	85-44
2	1985	85-54
2	1985	85-63
2	1985	85-66
2	1985	85-70
2	1985	85-92
2	1985	85-94
2	1985	85-95
2	1985	85-101
2	1985	85-104
2	1985	85-105
2	1985	85-117
2	1985	85-121
2	1985	85-128
2	1985	85-136
2	1985	85-137
2	1985	85-138
2	1985	85-141
2	1985	85-146
2	1986	86-1
2	1986	86-11
2	1986	86-13
2	1986	86-14
2	1986	86-16
2	1986	86-17
2	1986	86-18
3	1986	86-29
3	1986	86-30
3	1986	86-35
3	1986	86-54
3	1986	86-55
3	1986	86-62
3	1986	86-81
3	1986	86-93
3	1986	86-95
3	1986	86-109
3	1986	86-110
3	1986	86-113
3	1986	86-123
3	1986	86-126
3	1986	86-132
3	1986	86-133
3	1986	86-138
3	1986	86-143
3	1986	86-148
3	1986	86-149
3	1987	87-1
3	1987	87-2
3	1987	87-6
3	1987	87-7
3	1987	87-16
3	1987	87-28
3	1987	87-35
3	1987	87-37
3	1987	87-39
3	1987	87-40
3	1987	87-41
3	1987	87-44
3	1987	87-57
3	1987	87-61
3	1987	87-62
3	1987	87-63
3	1987	87-64
3	1987	87-77
3	1987	87-86
3	1987	87-87
3	1987	87-90
3	1987	87-93
3	1987	87-94
3	1987	87-104
3	1987	87-105
3	1987	87-111
3	1987	87-112
3	1987	87-133
3	1987	87-146
3	1988	88-4
3	1988	88-13
3	1988	88-33
3	1988	88-44
3	1988	88-51
3	1988	88-58
3	1988	88-67
3	1988	88-73
3	1988	88-76
3	1988	88-77
3	1988	88-82
3	1988	88-88
3	1988	88-91
3	1988	88-93
3	1988	88-97
3	1988	88-105
3	1988	88-106
3	1988	88-109
3	1988	88-110
3	1988	88-112
3	1988	88-5900122
3	1988	88-5900124
3	1988	88-5900125