Rule 35. Pre-trial procedures.
(a) At the commencement of the initial
pre-trial hearing, if the parent, guardian or custodian appears pro se, the
court shall advise the parent, guardian or custodian of the right to the
assistance of counsel at all stages of the proceeding including the right to
apply to the court for the appointment of counsel if indigent. If appointment
of counsel is requested, the court may proceed to examine the parent, guardian
or custodian concerning eligibility for appointed counsel or the court may
continue the pre-trial hearing and require the parent, guardian or custodian to
file an affidavit or other evidence as deemed appropriate by the court for a
determination as to eligibility for appointed counsel.
(b) If the parent, guardian or custodian
waives the right to counsel and elects to proceed pro
se, the court shall explain the nature of the action sought by the petitioner.
(c) Pursuant to Section 78A-6-902, the court
shall appoint a guardian ad litem to represent any child named in a petition
alleging child abuse, child sexual abuse, neglect, or dependency which results
in a judicial proceeding.
(d) The court in its discretion or upon
motion of a party may schedule further pre-trial hearings or conferences as may
be necessary to expedite adjudication or disposition, consider discovery
issues, formulate or simplify trial issues or facilitate possible settlement
negotiations.