Rule 100. Coordination of cases pending in district court and juvenile court.
(a) Notice to the court. In a case in which
child custody, child support or parent time is an issue, all parties have a
continuing duty to notify the court:
(a)(1) of a case in
which a party or the party's child is a party to or the subject of a petition
or order involving child custody, child support or parent time;
(a)(2) of a
criminal or delinquency case in which a party or the party's child is a
defendant or respondent;
(a)(3) of a
protective order case involving a party regardless whether a child of the party
is involved.
The notice shall be filed with a party's
initial pleading or as soon as practicable after the party becomes aware of the
other case. The notice shall include the case caption, file number and name of
the judge or commissioner in the other case.
(b) Communication among judges and
commissioners. The judge or commissioner assigned to a case in which child custody,
child support or parent time is an issue shall communicate and consult with any
other judge or commissioner assigned to any other pending case involving the
same issues and the same parties or their children. The objective of the
communication is to consider the feasibility of consolidating the cases before one judge or commissioner or of coordinating hearings
and orders.
(c) Participation of parties. The judges and
commissioners may allow the parties to participate in the communication. If the
parties have not participated in the communication, the parties shall be given
notice and the opportunity to present facts and arguments before a decision to
consolidate the cases.
(d) Consolidation of cases.
(d)(1) The court may consolidate cases
within a county under Rule 42.
(d)(2) The court may transfer a case to the
court of another county with venue or to the court of any county in accordance
with Utah Code Section 78B-3-309.
(d)(3) If the district court and juvenile
court have concurrent jurisdiction over cases, either court may transfer a case
to the other court upon the agreement of the judges or commissioners assigned
to the cases.
(e) Judicial reassignment. A judge may hear
and determine a case in another court or district upon assignment in accordance
with CJA Rule 3-108(3).