Rule 36.
Cases certified from district court.
(a) Pleadings and hearings before juvenile
court.
(a)(1) When an issue of support, custody or
visitation has been certified by the district court to the juvenile court
pursuant to Section78A-6-104, 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) All pleadings and orders prepared
subsequent to the certification shall contain the caption for the case in both
courts.
(a)(3) 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)(4) 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 certified from the district court for a
determination of issues regarding custody, support and visitation 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 with the clerk of the district court for inclusion in
the district court file.
(b)(2) In cases where a support, custody or
visitation 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.