Rule 130 | Family Court Division Commissioners

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 130 | Family Court Division Commissioners

130.01 | Applicability of Rules

This rule shall govern practice and procedures before commissioners hearing juvenile or family law matters pursuant to section 211.025, RSMo, or chapter 487, RSMo.

Comment

Section 487.020, RSMo, authorizes the appointment of commissioners to hear family court matters in those circuits or counties having a family court. Section 211.025, RSMo, authorizes the judge of the juvenile court in certain counties that do not have a family court under chapter 487, RSMo, to refer matters to a commissioner. This rule is to apply to practices and procedures before commissioners acting under either provision.


(Adopted May 20, 2009, effective 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 130 | Family Court Division Commissioners

130.02 | Authority for Rule

This rule is promulgated pursuant to the authority granted this Court by article V, section 5 of the Constitution of Missouri and supersedes all statutes and existing court rules inconsistent therewith.\


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 130 | Family Court Division Commissioners

130.03 | Definitions

As used in this rule, unless the context requires a different meaning:

(1) "Administrative judge" means the administrative judge of the family court or, in circuits having one judge sitting as family court judge or juvenile court judge, the judge of the family court or juvenile court;

(2) "Commissioner" means commissioner of the court;

(3) "Court" means a juvenile division of the circuit court or a family court division of the circuit court or a judge or commissioner acting for such a division;

(4) "Family court" means a division of the circuit court operating as a family court division as defined in chapter 487, RSMo;

(5) "Judge" means a judge of the court;

(6) "Juvenile court" means the division of the circuit court that presides over proceedings under the juvenile code that is not a family court as defined by chapter 487, RSMo;

(7) "Juvenile code" means chapter 211, RSMo, as amended;

(8) "Party" means the juvenile officer, a juvenile who is the subject of a proceeding under the juvenile code, and the custodian of that juvenile as defined in Rule 110.04a(5), and any person denominated in a pleading, by statute or by court order as a party in the proceedings;

(9) "Person" includes natural persons, corporations, and agencies of government;

(10) "This rule" means Rule 130.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 130 | Family Court Division Commissioners

130.04 | Functions and Powers of Commissioner

The functions and powers of the commissioner shall be to hear and make findings and recommendations in cases or proceedings assigned to the commissioner by general or special order of the administrative judge. The commissioner shall have the same powers and authority to manage those assigned cases and proceedings as would a judge, but the commissioner shall have no other administrative functions unless such functions are assigned by the administrative judge.

Comment

This Rule 130.04 makes clear that, except for the powers and authority to manage those cases and proceedings assigned to the commissioner, the commissioner has only such administrative authority as may be delegated or assigned to the commissioner by the administrative judge of the family court.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 130 | Family Court Division Commissioners

130.05 | Assignment of Cases to Commissioner

The administrative judge may direct that any case or class of cases pending in the court be heard by the commissioner in the manner provided for hearing of cases by law and may direct that detention hearings, informal hearings, and hearings upon any proceedings under the juvenile code and chapters 210, 452, 454, and 455, RSMo, shall be heard in the first instance by the commissioner. The administrative judge may direct such assignments on a case-by-case basis or by general order directing the appropriate designated employee of the court to assign matters to the commissioner for hearing in accordance with a general plan established by the administrative judge or by any other appropriate method determined by the administrative judge that tends to facilitate the operation of the court.

Comment

This Rule 130.05 is intended to explain and implement the statutory language of section 487.040, RSMo, and section 211.025, RSMo, and to authorize the adoption of a general procedure whereby cases and procedures of certain types may be assigned directly to the commissioner as a matter of course.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 130 | Family Court Division Commissioners

130.06 | Designation of Location of Hearings

The circuit and associate circuit judges en banc may designate by order the location within the geographical jurisdiction of the court where the commissioners shall conduct hearings subject to the provisions of section 487.040, RSMo.

Comment

This proposal is consistent with section 487.040.2, RSMo.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 130 | Family Court Division Commissioners

130.07 | Notice of Findings and Recommendations

In each case heard by the commissioner, notice of the findings and recommendations of the commissioner, together with a statement that the matter is being transferred to a judge, shall be given to the parties whose case or proceeding has been heard by the commissioner and, where appropriate, to the juvenile, the juvenile's custodian and any other person that the court may direct. This notice may be given at the hearing or by mail or other service directed by the court. The notice shall be given in writing unless given orally in person at the hearing to the parties on the record.

Comment

Although notice that the case is being transferred may be given orally in person at the hearing to the parties on the record, it would appear advisable in every case for the parties to be given such statement in a dated writing.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 130 | Family Court Division Commissioners

130.08 | Transmission of Findings and Recommendation to Judge

Upon the conclusion of the proceedings or case, the commissioner shall transmit to the administrative judge or such other judge as shall be designated by the administrative judge all papers relative to the proceedings or case, together with the commissioner's findings and recommendations in writing.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 130 | Family Court Division Commissioners

130.09 | Adoption, Amendment, Modification or Rejection of Findings and Recommendations – Entry of Judgment – Ordering De Novo Hearing

(a) 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.

(b) If the judge adopts the findings and recommendations of the commissioner, the judge shall enter a judgment of the circuit court.

(c) 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.

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, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 130 | Family Court Division Commissioners

130.10 | Temporary Orders

Upon receipt of the commissioner's findings and recommendations and pending the entry of a judgment, the judge, after review of the commissioner's findings and recommendations, may make a temporary order.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 130 | Family Court Division Commissioners

130.11 | Rehearing Before Commissioner

Upon request of any party or upon the judge's own motion, the judge may order a rehearing before the commissioner in any case or proceeding, with such directions to the commissioner as the judge may deem appropriate. The findings and recommendations of the commissioner upon such rehearing shall be treated under this rule in the same manner as original findings and recommendations of the commissioner.

Comment

Where the findings and recommendations of the commissioner are incomplete or otherwise invalid, efficient use of judicial resources may dictate that the matter be returned to the commissioner for rehearing. This Rule 130.11 authorizes the judge of the family court to direct a rehearing of any matter before the commissioner.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 130 | Family Court Division Commissioners

130.12 | Notice of Entry of Judgment or Scheduling of De Novo Hearing

In each case where judgment is entered or a  de novo hearing is ordered, notice of the entry of the judgment or the scheduling of the  de novo hearing shall be given by mail to each party who was not present in court in person or by attorney at the time of the entry of the judgment or the scheduling of the hearing.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 130 | Family Court Division Commissioners

130.13 | Motion for Rehearing – When Filed – When Overruled

(a) Unless waived by the parties in writing, a party to a case or proceeding heard by a commissioner, within 15 days after the mailing of notice of the filing of the judgment of the court, may file a motion for rehearing by a judge of the court. The juvenile officer shall have no right to file a motion for rehearing of any judgment of the circuit court in proceedings under subdivisions (2) or (3) of subsection 1 of section 211.031, RSMo.

(b) The judge shall rule on the motion for rehearing promptly. If the motion for rehearing is not ruled on within 45 days after the motion is filed, it is overruled for all purposes.


(Adopted May 20, 2009, effective January 1, 2010.)