Rule 34. Pre-trial hearing in non-delinquency cases.
(a) Petitions in non-delinquency cases shall
be scheduled for an initial pre-trial hearing.
(b) The pre-trial hearing shall be scheduled
on the nearest court calendar date available in all cases where the subject
minor is in temporary shelter care custody in accordance with Section
78A-6-309.
(c) In the pre-trial hearing, the court
shall advise the parent, guardian or custodian of the minor's rights and of the
authority of the court in such cases. In the hearing or in any continuance of
the hearing, the parent, guardian or custodian shall answer the petition in
open court.
(d) Before answering, the respondent may
move to dismiss the petition as insufficient to state a claim upon which relief
can be granted. The court shall hear all parties and rule on said motion before
requiring a party to answer.
(e) A respondent may answer by admitting or
denying the specific allegations of the petition, or by declining to admit or
deny the allegations. Allegations not specifically denied by a respondent shall
be deemed true.
(f) Except in cases where the petitioner is
seeking a permanent deprivation of parental rights, the court may enter the
default of any respondent who fails to appear in person
or by counsel after having been served with a summons or notice pursuant to
Rule 18. Allegations relating to any party in default shall be deemed admitted
unless the court, on its own motion, or the motion of any party not in default,
shall require evidence in support of the petition. Within the time limits set
forth in Utah R. Civ. P. 60(b), upon the written motion of any party in default
and a showing of good cause, the court may set aside an entry of default.