Utah Code

Utah Code § 63G-2-406 (2026)

Evidentiary standards for release of certain enforcement and litigation records

✓ current as of May 2026

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A record that is classified as protected under Subsection 63G-2-305(10), (17), (18), (23), (24), or (33) may be ordered to be disclosed under the provisions of Subsection 63G-2-401(6), 63G-2-403(11)(b), or 63G-2-404(7)(a) only if the person or party seeking disclosure of the record has established, by a preponderance of the evidence, that the public interest favoring access is equal to or greater than the interest favoring restriction of access.

A record that is classified as protected under Subsection 63G-2-305(11) may be ordered to be disclosed under the provisions of Subsection 63G-2-401(6), 63G-2-403(11)(b), or 63G-2-404(7) only if the person or party seeking disclosure of the record has established, by clear and convincing evidence, that the public interest favoring access is equal to or greater than the interest favoring restriction of access.

Notes of Decisions

Cited in 1 case, 2019–2019 · leading case: Utah Legal Clinic v. Salt Lake City Corp., 2019 UT App 58 (Utah Ct. App. 2019).

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Utah Legal Clinic v. Salt Lake City Corp., 2019 UT App 58 (Utah Ct. App. 2019). · cites it 5× “See Utah Code Ann. § 63G-2-406(1) (LexisNexis 2016).”

— Utah Code § 63G-2-406(1) — 1 case

Utah Legal Clinic v. Salt Lake City Corp., 2019 UT App 58 (Utah Ct. App. 2019). “See Utah Code Ann. § 63G-2-406(1) (LexisNexis 2016).”

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