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Rule 4-907. Divorce education and divorce orientation courses.


To establish policies for the implementation of the divorceeducation course required by Utah Code Section 30-3-11.3 and the divorceorientation course required by Utah Code Section 30-3-11.4.


This rule shall apply to all proceedings in which Utah CodeSection 30-3-11.3, Utah Code Section 30-3-11.4 or a court order requiresattendance at one or both courses.

Statement of the Rule:

(1) The education department within the Administrative Office ofthe Courts shall:

(1)(A) establish uniform specificationsand standards for the courses;

(1)(B) issue a request for proposalssetting forth the uniform specifications and standards;

(1)(C) award contracts for live courses;and

(1)(D) produce the courses by video andother effective formats.

(2)(A) Each party required to attend one or both courses shallattend the live course at any location at which it is offered.

(2)(B) A party required to attend one or both courses may watch avideo of the course if:

(2)(B)(i) the party lives out of state ormore than 60 miles from the nearest live class;

(2)(B)(ii) the party is in prison, jailor other detention facility;

(2)(B)(iii) the party is an in-patient ata medical facility; or

(2(B)(iv) the party?s request to watchthe video is approved by the divorce education administrator.

(2)(C) The party may purchase the video or watch it at anydistrict court courthouse.

(3) The course provider or the custodian of the video shallprovide the party with a certificate of completion.

(4) When the petition is filed, the clerk shall notify thepetitioner of the course requirement. The petitioner shall notify therespondent of the requirement and file a certificate of service of the notice.

(5) Any person attending a course shall present a valid form ofphoto identification, and pay the course fee or present a copy of an orderwaiving the fee or a motion to waive fees that has been filed with the court.If the court determines that the party is not impecunious, the court may enterjudgment for the amount of the course fee.

(6) The fee for attending the education course or watching thevideo is $35.00, which includes $8.00 for deposit in the Children's LegalDefense Fund. The fee for attending the orientation course is $15.00 forpetitioners who attend the course within 30 days of filing and for respondentswho attend the course within 30 days of service. Otherwise, the fee forattending the orientation course, taking the course online, or watching thevideo is $30.00, which includes $5.00 for deposit in the Children?s LegalDefense Fund.

(7) The course provider shall, within 72 hours of each course,provide the court with an alphabetized list of each party who completed thecourse.