Rule 34. Pre-trial hearing in non-delinquency cases.
(a) Petitions in non-delinquency cases shall be scheduled for aninitial pre-trial hearing.
(b) The pre-trial hearing shall be scheduled on the nearest courtcalendar date available in all cases where the subject minor is in temporaryshelter care custody in accordance with Utah Codesection 80-3-401.
(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 courtin 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 thepetition as insufficient to state a claim upon which relief can be granted. Thecourt shall hear all parties and rule on said motion before requiring a partyto answer.
(e) A respondent may answer by admitting or denying the specificallegations 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 termination ofparental rights, the court may enter the default of any respondent who fails tofile an answer, or who fails to appear either in person or by counselafter having been served with a summons or notice pursuant to Rule 18.Allegations relating to any party in default shall be deemed admitted unlessthe court, on its own motion, or the motion of any party not in default, shallrequire evidence in support of the petition. Within the time limits set forthin Utah R. Civ. P. 60(b), upon the written motion of any party in default and ashowing of good cause, the court may set aside an entry of default.
EffectiveSeptember 1, 2021