Rule 4-202.12 Request by victim to use initials rather than name

Intent:

To establish the process for using a victim’s initials rather than the victim’s name in publicly accessible court filings or documents (“Court Records”).

Applicability:

This rule applies to courts of record and not of record.

Statement of the rule:

(1) Form and filing of request. A request to use a victim’s initials on public Court Records under Utah Code section 77-38-6 must be in writing and submitted to the court. The request may be submitted by:

(1) (A) the victim, provided the request includes:

(1) (A)(i) a signed declaration affirming that the requester is the victim, and that the statement is true and correct and made under criminal penalty under Utah law; or

(1) (A)(ii) other documentation sufficient to verify the victim’s identity; or

(1) (B) the prosecutor, upon notice that the victim has requested to be identified by initials.

(2) Request prior to final disposition, judgment, or sentencing. For an offense occurring on or after July 1, 2026, if a valid request is made after a charging document or other Court Record associated with a criminal or juvenile delinquency case has been filed, but before the entry of a final disposition, judgment, or sentence:

(2) (A) the previously filed Court Record that identifies the victim by name rather than initials must be promptly reclassified as a private record;

(2) (B) if the filing is a charging document, the prosecutor must, within 15 days of receiving notice of the request, file a substitute charging document using the victim's initials in place of the victim's name, as the public version of the charging document; and

(2) (C) if the filing is another public Court Record, the filer must, within 15 days of receiving notice of the request, file a substitute document using the victim’s initials in place of the victim’s name, as the public version of the document.

(3) Exceptions. This rule does not apply to Court Records:

(3) (A) required for the issuance or enforcement of a criminal protective order or a criminal stalking injunction; or

(3) (B) created by the Motor Vehicle Enforcement Division.

(4) Post disposition. If a victim makes a request under Utah Code section 77-38-6 after the entry of final disposition, judgment, or sentencing, the request may be presented by motion or petition under Rule 4-202.04.