Rule
4-202.08. Fees for records, information, and services.
Intent:
To
establish uniform fees for requests for records, information, and services.
Applicability:
This rule applies to all courts of record and not of record and to
the Administrative Office of the Courts. This rule does not apply to the Self
Help Center.
Statement of the Rule:
(1) Fees payable. Fees
are payable to the court or office that provides the record, information, or
service at the time the record, information, or service is provided. The
initial and monthly subscription fee for public online services is due in
advance. The connect-time fee is due upon receipt of an invoice. If a public
online services account is more than 60 days overdue, the subscription may be
terminated. If a subscription is terminated for nonpayment, the subscription
will be reinstated only upon payment of past due amounts and a reconnect fee
equal to the subscription fee.
(2) Use of fees. Fees
received are credited to the court or office providing the record, information,
or service in the account from which expenditures were made. Fees for public
online services are credited to the Administrative Office of the Courts to
improve data quality control, information services, and information technology.
(3) Copies. Copies are
made of court records only. The term "copies" includes the original
production. Fees for copies are based on the number of record sources to be
copied or the means by which copies are delivered and are as follows:
(3)(A) paper except as provided
in (H): $.25 per sheet;
(3)(B) microfiche:
$1.00 per card;
(3)(C) audio tape:
$10.00 per tape;
(3)(D) video tape:
$15.00 per tape;
(3)(E) electronic storage medium other than of court hearings: $15.00
per unit;
(3)(F) electronic copy of court reporter stenographic
text: $25.00 for each one-half day of testimony or part thereof;
(3)(G) electronic copy of audio
record or video record of court proceeding: $15.00 for each one-half day of
testimony or part thereof; and
(3)(H) pre-printed forms and associated information: an
amount for each packet established by the state court administrator.
(4)(A) Mailing. The fee
for mailing is the actual cost. The fee for mailing shall include necessary
transmittal between courts or offices for which a public or private carrier is
used.
(4)(B) Fax or e-mail.
The fee to fax or e-mail a document is $5.00 for 10 pages or less. The fee for
additional pages is $.50 per page. Records available on Xchange will not be faxed or e-mailed.
(5) Personnel time.
Personnel time to copy the record of a court proceeding is included in the copy
fee. For other matters, there is no fee for the first 15 minutes of personnel
time. The fee for time beyond the first 15 minutes is charged in 15 minute
increments for any part thereof. The fee for personnel time is charged at the
following rates for the least expensive group capable of providing the record,
information, or service:
(5)(A) clerical assistant:
$15.00 per hour;
(5)(B) technician:
$22.00 per hour;
(5)(C) senior clerical:
$21.00 per hour
(5)(D)
programmer/analyst: $32.00 per hour;
(5)(E) manager:
$37.00 per hour; and
(5)(F) consultant:
actual cost as billed by the consultant.
(6)
Public online services.
(6)(A) The fee to
subscribe to Xchange shall be as follows:
(6)(A)(i) a set-up fee of
$25.00;
(6)(A)(ii) a subscription fee of $40.00 per month for any portion
of a calendar month; and
(6)(A)(iii)
$.15 for each search over 500 during a billing cycle. A search is counted each
time the search button is clicked.
(6)(B) When non-subscription access becomes available, the fee to
access public online services without subscribing shall be a transaction fee of
$5.00, which will allow up to 10 searches during a session.
(6)(C) The fee to access
a document shall be $.50 per document.
(7) No interference.
Records, information, and services shall be provided at a time and in a manner
that does not interfere with the regular business of the courts. The
Administrative Office of the Courts may disconnect a user of public online services
whose use interferes with computer performance or access by other users.
(8)
Waiver of fees.
(8)(A) Fees established by this rule other than fees for public
online services shall be waived for:
(8)(A)(i) any government entity of Utah or its political
subdivisions if the fee is minimal;
(8)(A)(ii) any person
who is the subject of the record and who is impecunious; and
(8)(A)(iii) a student
engaged in research for an academic purpose.
(8)(B) Fees for public
online services shall be waived for:
(8)(B)(i) up to 10,000 searches per year for a news organization
that gathers information for the primary purpose of disseminating news to the
public and that requests a record to obtain information for a story or report
for publication or broadcast to the general public;
(8)(B)(ii) any government
entity of Utah or its political subdivisions;
(8)(B)(iii) the Utah
State Bar;
(8)(B)(iv) public defenders for searches performed in
connection with their duties as public defenders; and
(8)(B)(v) any person or organization who the XChange administrator determines offers significant
legal services to a substantial portion of the public at no charge.
Effective
November 1, 2020