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House adopts rules change limiting admissibility of management information system reports

Utah House of Representatives · March 5, 2008
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Summary

The House approved Senate Joint Resolution 9 to amend evidentiary rules so reports from the management information system generally are not admissible in proceedings where the state is not a party unless clear and convincing evidence shows probative value outweighs prejudice; the chamber adopted a technical amendment requested by the courts.

The Utah House approved Senate Joint Resolution 9 to amend rules of evidence related to information maintained in the state's management information system.

Representative Harper, the House sponsor, told the chamber the resolution clarifies that reports or information maintained in the management information system generally "may not be disclosed or admitted as evidence in a proceeding where the state is not a party" unless a non‑perpetrator party establishes by clear and convincing evidence that the probative value outweighs prejudicial effect. Harper described the change as an amendment to evidentiary rules and procedure requested by the courts.

The House adopted a technical amendment—clarifying word choice at the courts' request—and then voted to pass the joint resolution as amended. The clerk reported 65 yes votes and no opposing votes. The resolution was transmitted to the Senate for further consideration.