Court rule · Utah · Custody · Family procedure
Utah sets conditions for interviewing a child in district court
Effective November 1, Utah Rule of Civil Procedure 110 governs when and how a district judge or commissioner may interview a child who is the subject of the proceeding.
Published November 3, 2026 · Reviewed by David Martino
Under Rule 110, the court may interview the child only if extenuating circumstances make an interview necessary, there is no other reasonable way to obtain the information from the child, the interview serves the child’s best interest, and other legal requirements are satisfied. In assessing the child’s interest, the court considers the child’s expressed desire to speak or remain silent, subject to other law.
The parties and the child’s attorney guardian ad litem may suggest questions. The court chooses the questions and records the interview. The attorney guardian ad litem may attend in person. A party or the party’s attorney may attend only in extraordinary circumstances when necessary to prevent manifest injustice.
The Utah Supreme Court signed the adoption order on October 23 and set November 1 as the effective date. The rule governs judicial interviews in proceedings where an interview is otherwise permitted. Child testimony and interviews by someone other than a judge or commissioner fall outside its scope.