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

Findings by commissioner become judgment of court, when, notice offindings--motion for hearing by judge, time limit, computation oftime.

487.030. 1. The findings and recommendations of the commissionershall become the judgment of the court when adopted and confirmed by anorder of a circuit or an associate circuit judge. Notice of the findingsand recommendations of the commissioner, together with a statement relativeto the right to file a motion for rehearing, shall be given to the partieswhose case has been heard by the commissioner, and to any other person thatthe court may direct. This notice may be given at the hearing, or by mailor other service directed by the court.

2. The parties to a cause of action heard by a commissioner areentitled to file with the court a motion for a hearing by a judge of thefamily court either within fifteen days after receiving notice of thefindings of the commissioner at the hearing, or within fifteen days afterthe mailing, or within fifteen days after other service directed by thecourt. In cases in which the family court has jurisdiction pursuant tosubdivision (1) of subsection 1 of section 211.031, RSMo, the juvenileofficer, in addition to the parties listed above, is also entitled to filewith the court a motion for a hearing by a judge of the family court withinfifteen days after receiving notice of the findings of the commissioner.The judge shall promptly rule on such motion and, in his discretion, mayeither sustain or deny the motion, and if the motion is sustained, thejudge shall set a date for a hearing. If the motion for rehearing is notruled on within forty-five days after the motion is filed, it is denied forall purposes. In computing the forty-five days, no day shall be countedduring which the court lacks power to act because of an order of a superiorcourt.

(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).