Utah Courts
URJP Rule 34 (Rules of Juvenile Procedure)
URJP Rule 34 (Rules of Juvenile Procedure)
Rule 34. Pre-trial hearing in non-delinquency cases.
(a) The court will schedule petitions in non-delinquency cases for an initial pretrial hearing.
(b) The court will schedule the pretrial hearing on the nearest court calendar date available in accordancewith Utah Code Title 80, Chapter 3.
(c) Prior to adjudication of the petition, the court will
(1) inform the respondent parent, guardian, or custodian of the minor’s rights and of the authority of the court in such cases;
(2) inform the respondent of the respondent’s rights, including appellate rights;
(3) advise the respondent that a finding based on the respondent’s answer may subject the respondent and the respondent’s children to the court’s jurisdiction; and
(4) advise the respondent of the potential for dispositional orders that may affect the respondent’s parental rights.
(d) After the court provides the information identified in paragraph (c), the respondent must answer the petition in open court.
(e) A respondent may answer the petition by admitting or denying specific allegations or by proceeding with an uncontested answer by declining to admit or deny the allegations. Allegations not specifically denied by a respondent will be deemed true.
(f) The court will specifically find that the respondent’s admissions or uncontested answers and any waiver of the respondent’s rights are knowing and voluntary.
(g) An answer to a child welfare petition is civil in nature. A respondent seeking relief from admissions or uncontested answers must seek relief as provided in Rule 48. Relief sought under this rule will not toll any statutory timeframes.
(h) Except in cases where the petitioner is seeking a termination of parental rights, the court may enter the default of any respondent who fails to file an answer or who fails to appear either 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 will be deemed admitted unless the court, on its own motion, or the motion of any party not in default, requires evidence in support of the petition. On timely motion and for good cause shown, the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 60(b) of the Utah Rules of Civil Procedure.
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