Rule 36. Cases coordinated with the district court.
(a) Pleadings and hearings before
juvenile court.
(a)(1) When an issue of support,
custody or parent time has been transferred by the district court to the
juvenile court pursuant to Section78A-6-104, and/or a conference under Rule 100
of the Utah Rules of Civil Procedure, the juvenile court shall schedule the
matter for a pre-trial hearing and notify all parties. At such hearing, the
juvenile court shall consider issues relating to discovery, custody evaluations
and interim orders and shall schedule a trial hearing on all issues to be
tried.
(a)(2) The party filing documents
raising the issue of support, custody or parent time shall inform the court and
all parties of any outstanding custody and/or parent time orders from any other
court.
(a)(3) All pleadings and orders
prepared subsequent to the transfer shall contain the caption for the case in
both courts.
(a)(4)The rules concerning
discovery, admissibility of evidence and standard of proof applicable to such
proceedings in the district court shall be followed in the juvenile court.
(a(5) The juvenile court may
appoint a guardian ad litem for the child in such
proceedings and assess the cost to one or both parties.
(b) Modification of prior
district court decrees and orders.
(b)(1) Orders and decrees entered
by the juvenile court in proceedings transferred from the district court for a
determination of issues regarding custody, support and parent time shall
constitute a modification of any prior district court order or decree
concerning such issues involving the same minor. Certified copies of such
juvenile court orders and decrees shall contain the captions of both courts and
be filed by the prevailing party, or as otherwise directed by the court, with
the clerk of the district court for inclusion in the district court file.
(b)(2) In cases where a support,
custody or parent time determination has been made by the district court and
jurisdiction of the district court is continuing, and an order has been entered
in a subsequent juvenile court proceeding that is inconsistent with the prior
district court order, on motion of any party or upon the juvenile court's own
motion, a certified copy of the juvenile court's order shall be filed with the
clerk of the district court. Certified copies of such juvenile court orders and
decrees shall contain the captions of both courts and be filed by the
prevailing party, or as otherwise directed by the court, with the clerk of the
district court for inclusion in the district court file.