Rule 72 - Probate
Rule 72.4 - Judgments Confirming Judgments, Orders and Decrees of Commissioner
Rule 72 - Probate
Rule 72.4 – Judgments Confirming Judgments, Orders and Decrees of Commissioner
1. Pursuant to the provisions of Section 478.266 RSMo, the judge of the probate division shall by judgment of record reject or confirm all orders, judgments and decrees of the commissioner and the deputy commissioner within the time the judge could set aside such orders, judgments or decrees had the same been made by him. If so confirmed, the orders, judgments and decrees shall have the same effect as if made by the judge on the date of their confirmation.
2. The judgments of confirmation of the orders, judgments and decrees of the Probate Commissioner are recorded in the probate file number assigned to the Probate Commissioner and the judgments of confirmation of the orders, judgments and decrees of the Deputy Probate Commissioner are recorded in the probate file number assigned to the Deputy Probate Commissioner.
3. Any party to an adversary probate proceeding may file a motion for rehearing before the judge of the probate division within fifteen (15) days of the date of entry of the order, judgment or decree by the commissioner or deputy commissioner. The motion shall be in writing and shall state all specific evidentiary grounds and legal authority for a rehearing. The motion must specifically allege facts to indicate how the findings of the commissioner were not supported by competent and substantial evidence or how they were based upon an error of law. The motion shall contain specific references to the relevant potions of the transcript from the hearing before the commissioner. If the transcript cannot be obtained by the filing deadline, the Motion shall be accompanied by a sworn statement that the transcript has been ordered and the required deposit paid. Confirmation of the order for which rehearing is sought shall be suspended pending the grant or denial of the rehearing motion. The probate judge shall review the motion on the pleadings, transcript and any other attachments and determine if further argument or proceedings are required or if the motion shall be granted or denied in full or in part on the record, in the discretion of the judge.
4. Each order, judgment or decree entered by the commissioner or deputy commissioner shall contain the following statement:
“NOTICE TO PARTIES”
“The foregoing order, judgment or decree entered by the commissioner or deputy commissioner is subject to confirmation by the judge of the probate division. Any party to this proceeding may file a motion for rehearing before the judge of the probate division within fifteen (15) days of the date of entry of the order, judgment of decree by the commissioner or deputy commissioner and pursuant to Jackson County Circuit Court Rule 72.4”
Approved 8/19/16
Effective 9/16/16