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Rule100. Coordination of cases pending in districtcourt and juvenile court.

(a) Notice to the court. In a case in which child custody, childsupport, or parent time is an issue, all parties have a continuing duty tonotify the court:

(a)(1) of a case in which a party or the party's childis a party to or the subject of a petition or order involving child support,parent time, or child custody, including minor guardianship, adoption, or anysimilar child custody case;

(a)(2) of acriminal or delinquency case in which a party or the party's child is adefendant or respondent;

(a)(3) of aprotective order case involving a party regardless whether a child of the partyis involved.

The notice shall be filed with a party's initial pleading or assoon as practicable after the party becomes aware of the other case. The noticeshall include the case caption, file number, and name of the judge orcommissioner in the other case.

(b) Communication among judges and commissioners. The judge orcommissioner assigned to a case in which child support, parent time, or childcustody is an issue shall communicate and consult with any other judge orcommissioner assigned to any other pending case involving the same issues andthe same parties or their children. The objective of the communication is toconsider the feasibility of consolidating the cases before one judgeor commissioner or of coordinating hearings and orders.

(c) Participation of parties. The judges and commissioners may allowthe parties to participate in the communication. If the parties have notparticipated in the communication, the parties shall be given notice and theopportunity to present facts and arguments before a decision to consolidate thecases.

(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 anothercounty 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 concurrentjurisdiction over cases, either court may transfer a case to the other courtupon the agreement of the judges or commissioners assigned to the cases.

(e) Judicial reassignment. A judge may hear and determine a case inanother court or district upon assignment in accordance with CJA Rule3-108(3).

 

 

Effective November1, 2019