487.030 - Findings by commissioner become judgment of court, when, notice of findings — motion for hearing by judge, time limit, computation of time.

Steven Groce, Attorney Advertisement

1.The findings and recommendations of the commissioner shall become the judgment of the court when adopted and confirmed by an order of a circuit or an associate circuit judge.Notice of the findings and recommendations of the commissioner, together with a statement relative to the right to file a motion for rehearing, shall be given to the parties whose case has been heard by the commissioner, and to 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.

2.The parties to a cause of action heard by a commissioner are entitled to file with the court a motion for a hearing by a judge of the family court either within fifteen days after receiving notice of the findings of the commissioner at the hearing, or within fifteen days after the mailing, or within fifteen days after other service directed by the court.In cases in which the family court has jurisdiction pursuant to subdivision (1) of subsection 1 of section 211.031, the juvenile officer, in addition to the parties listed above, is also entitled to file with the court a motion for a hearing by a judge of the family court within fifteen days after receiving notice of the findings of the commissioner.The judge shall promptly rule on such motion and, in his discretion, may either sustain or deny the motion, and if the motion is sustained, the judge shall set a date for a hearing.If the motion for rehearing is not ruled on within forty-five days after the motion is filed, it is denied for all purposes.In computing the forty-five days, no day shall be counted during which the court lacks power to act because of an order of a superior court.

(L. 1993 H.B. 346 § 2 subsecs. 3, 4, A.L. 1995 S.B. 174, A.L. 1996 H.B. 1619, A.L. 1998 S.B. 910)

(1998) A commissioner does not have judicial power to enter a final judgment.Slay v. Slay, 965 S.W.2d 845 (Mo.banc).

(1998) Failure to timely request review of circuit judge waives objection to commissioner's authority, findings and legal conclusions.conclusions.State ex rel. York v. Daugherty, 969 S.W.2d 223 (Mo.banc).

(1999) Default denial of motion for rehearing violates Article V, Section 18 of the Missouri Constitution and is unconstitutional. Fowler v. Fowler, 984 S.W.2d 508 (Mo.banc).

(2003) Procedure for requesting a hearing and provision for denying such motions if not ruled on within statutory time period is unconstitutional; provisions of Rule 130 supersede the statute. Dolan v. Dolan, 107 S.W.3d 438 (Mo.App.E.D.).