Utah Courts
URJP Rule 57 (Rules of Juvenile Procedure)
URJP Rule 57 (Rules of Juvenile Procedure)
Rule 57. Change of judge as a matter of right.
(a) Notice of change. In any action commenced in the juvenile court after April 15, 1992, all parties joined in the action may, by unanimous agreement and without cause, change the judge assigned to the action by filing a notice of change of judge. The parties shall send a copy of the notice to the assigned judge and the presiding judge. The notice shall be signed by all parties and shall state: (1) the name of the assigned judge; (2) the date on which the action was commenced; (3) that all parties joined in the action have agreed to the change; (4) that no other persons are expected to be named as parties; and (5) that a good faith effort has been made to serve all parties named in the pleadings. The notice shall not specify any reason for the change of judge. Under no circumstances shall more than one change of judge be allowed under this rule in an action.
(b) Time. In other actions involving neglect, abuse, dependency, termination of parental rights, custody, support or visitation, the notice shall be filed no later than thirty days after the first hearing. In actions involving delinquency, certification for criminal proceedings in district court, truancy or status matters, the notice shall be filed no later than twenty days after the first hearing. In misdemeanor actions against adults, the notice shall be filed no later than 7 days after arraignment. In no event shall the notice be filed later than adjudication. Failure to file a timely notice precludes any change of judge under this rule.
(c) Assignment of action. Upon the filing of a notice of change, the assigned judge shall take no further action in the case. The presiding judge shall promptly determine whether the notice is proper and, if so, shall reassign the action. If the presiding judge is also the assigned judge, the clerk shall promptly send the notice to the assistant presiding judge or the Chief Justice, who shall determine whether the notice is proper and, if so, shall reassign the action.
(d) Nondisclosure to court. No party shall communicate to the court, or cause another to communicate to the court, the fact of any party's seeking consent to a notice of change.
(e) Bias rules unaffected. This rule does not affect any rights a party may have under Utah R. Civ. P. 63 and Utah R. Cr. P. 29.
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