Supreme Court Rules - Rule 130 - Family Court Division Commissioners: Adoption, Amendment, Modification or Rejection of Findings and Recommenations - Entry of Judgment

Clerk Handbooks

Supreme Court Rules

		Section/Rule:	130.09
Subject:	Rule 130 - Family Court Division Commissioners	Publication / Adopted Date:	May 20, 2009
Topic:	Adoption, Amendment, Modification or Rejection of Findings and Recommenations - Entry of Judgment - Ordering De Novo Hearing	Revised / Effective Date:	January 1, 2010

130.09 Adoption, Amendment, Modification or Rejection of Finding and Recommendations - Entry of Judgment - Ordering De Novo Hearing

(

) After receipt and review of the commissioner's findings and

recommendations, the judge shall either adopt, as transmitted, amended or modified, or reject the findings and recommendations of the commissioner.

(

) If the judge adopts the findings and recommendations of the

commissioner, the judge shall enter a judgment of the circuit court.

(

) If the judge rejects the findings and recommendations of the

commissioner, the judge shall schedule a hearing de novo before the judge. After the hearing, the judge shall enter a judgment of the circuit court.

(Adopted May 20, 2009, eff. Jan. 1, 2010.)

Comment

This Rule 130.09, in part, is inconsistent with

section 487.030, RSMo

It requires entry by a judge on all judgments. It also authorizes the judge to adopt, amend, modify, or reject the findings and recommendations of the commissioner and sets forth procedures to be followed in each instance. To the extent inconsistent with this Rule 130.09,

section 487.030, RSMo

is superseded.

[Adopted May 20, 2009, eff. Jan. 1, 2010.]