Rule 68 - Dissolution of Marriage
Rule 68.0.4 - Pendente Lite Orders - Appointment of Master; Hearing
1. Upon the filing of a verified application of any party, after reviewing pleadings, including each party’s Statement of Income and Expenses (Form 1402B), the Asset Statement in Support of Application for Pendente Lite Order (Form 6804D), and if child support is requested, the Child Support Worksheet (Form 14), the court may enter an order pendente lite, without the necessity of a formal hearing, for temporary child support, maintenance, attorney’s fees and costs. However, when an application is filed, the movant or movant’s attorney shall first certify and file proof of service of the following which shall be in the form and contain the content of the forms specified herein: (1) written notice of intent to file the application on a certain day (Form 6804A); (2) a copy of the application (Form 6804B) with forms 1402B, 6804D and Form 14, if applicable, attached; and (3) movant’s suggestions and affidavits in support thereof (Form 6804E) on all other parties at least ten days before the day on which the movant files proof of service (Form 6804C) and the application.
2. Suggestions and affidavits in opposition (Form 6804F) with Forms 1402B, Form 6804D, and Form 14 (if applicable) attached to the application shall be filed on the day specified in the notice as the day on which the application will be filed. If the notice is given by mail, the provisions of Missouri Rules of Civil Procedure pertaining to notice by mail shall apply.
3. An oral hearing may be requested (Form 6804H) on the order pendente lite (Form 6804G), or other relief requested in the application, but any request will not suspend or delay commencement of the rights and obligations under the order pendente lite. Any modification of the order pendente lite after an oral hearing shall be retroactive to the effective date of the original order.
4. Any request for an oral hearing on an order pendente lite may, in the sole discretion of the court, be submitted to a master, who shall be an attorney licensed to practice law in this state and shall be appointed by the court (Form 6804I) within ten days of the filing of the request for oral hearing.
5. The hearing before the master, which shall be held no later than fifteen days after appointment of the master, shall be limited to three hours, which shall be divided equally between the parties, and shall be conducted on the record only if one party arranges for the attendance of a court reporter, in which event said party shall bear the cost of attendance of the reporter and preparation of the original transcript for filing with the court. The master shall be paid a reasonable fee, as determined by the court, for one hour of preparation before and after the hearing and for each hour of hearing, which shall be paid by the party requesting the hearing no later than immediately prior to commencement of the hearing. However, the court may later enter a judgment assessing the fee paid to the master as recoverable against any other party.
6. The master shall submit his report to the court (Form 6804J) within 7 days of the hearing after which the court shall issue its judgment on the matters raised in the hearing.
Adopted by Court en banc 3/22/96
Effective 4/22/96