487.090. Transfer of certain actions. - Missouri Statutes

Transfer of certain actions.

487.090. 1. In criminal actions where the defendant and the victimare part of the same family unit, the judge of the division in which thecriminal case is pending may only transfer such case to the family court ifit is in the interests of justice to all parties, the rights of thedefendant, and the interests of the family. Such transfer shall only bemade when the judge of the division in which the criminal case is pendingand the administrative judge of the family court approve such transfer.

2. No provision of subsection 1 of this section shall abridge any ofthe rights of a criminal defendant.

3. If a tort action is properly joined with any of the actionsenumerated in section 487.080, the entire action shall not be within thejurisdiction of the family court but shall be assigned to and heard on acivil docket unless the parties stipulate and agree in writing that thematter may be retained in the family court.

4. The judge of the probate division may transfer a guardianshipproceeding wherein a guardian of a minor is requested under chapter 475,RSMo, to the family court. If transferred, the family court shall havejurisdiction over such proceeding including the appointment of a guardianor conservator, if requested. Provided, however, upon final judgment, theproceeding shall be transferred to the probate division for administration.After final judgment, the judge of the probate division shall have ongoingauthority to transfer the proceeding to the family court for additionalaction as may be needed to further the interests of justice.

(L. 1993 H.B. 346 § 6 subsecs. 2 to 5, A.L. 1999 S.B. 1, et al.)