Utah Code 77-38-616. Disclosure of address or identifiable information in a judicial or administrative proceeding
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(1) A program participant may submit the program participant‘s actual address to the court as a safeguarded record in accordance with the Utah Code of Judicial Administration, Rule 4-202.02.
Terms Used In Utah Code 77-38-616
- Actual address: means the residential street address of the program participant that is stated in a program participant's application for enrollment or on a notice of a change of address under Section 77-38-610. See Utah Code 77-38-601
- 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.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Program: means the Safe at Home Program created in Section 77-38-602. See Utah Code 77-38-601
- Program participant: means an individual who is enrolled under Section 77-38-606 by the commission to participate in the program. See Utah Code 77-38-601
- Record: means the same as that term is defined in Section 63G-2-103. See Utah Code 77-38-601
- State or local government entity: means a county, municipality, higher education institution, special district, special service district, or any other political subdivision of the state or an administrative subunit of the executive, legislative, or judicial branch of this state, including:
(19)(a) a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission; or(19)(b) an individual acting or purporting to act for or on behalf of a state or local entity, including an elected or appointed public official. See Utah Code 77-38-601- Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
(42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or(42)(b)(42)(b)(i) after the day described in Subsection (42)(a); and(42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5(2) A person may not compel disclosure of a program participant’s actual address or identifying information related to the program participant’s residence during a proceeding in a court or administrative proceeding, unless:(2)(a) the court orders the disclosure of the program participant’s address; or(2)(b) an administrative tribunal finds, based on a preponderance of the evidence, that:(2)(b)(i) the disclosure is required in the interest of justice;(2)(b)(ii) public interest in the disclosure substantially outweighs the potential harm to the program participant; or(2)(b)(iii) no other alternative would satisfy the necessity of the disclosure.(3) If disclosure of a program participant’s actual address is required in a proceeding before a court or administrative tribunal, the court or administrative tribunal may safeguard the portion of a record that contains the program participant’s actual address.(4) Nothing in this section prevents a state or local government entity from using a program participant’s actual address in filing a document or record with a court or administrative tribunal if, at the time of the filing, the document or record is filed under safeguard or not a public record.