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Rule 100 – Coordination of Cases Pending in District Court and Juvenile Court

May 14, 2021 | Family Law, Utah

(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 support, parent time, or child custody, including minor guardianship, adoption, or any similar child custody case;
(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 support, parent time, or child custody 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).

Utah. R. Civ. P. 100

Amended October 21, 2019, effective November 1, 2019.