Carter v. Utah Power & Light Co.

I do not join the court in departing from the long-established common law of this state, which is that sealed, unpublished depositions do not become “judicial records” (subject to public inspection).1

At the trial level, an unpublished deposition is not available for use by anyone, including the court. For example, in considering motions for summary judgment, unpublished depositions are not available to the court.2 Likewise, at trial, a party desiring to utilize the contents of a deposition must first move for its publication. Not until then does it become a part of the record. As observed in…