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

May 13, 2021 | Family Law, Missouri

(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.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 130.09

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 To the extent inconsistent with this Rule 130.09, section 487.030, RSMo, is superseded

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