Eighth Judicial Court Rules

Rule 4.06 – Objections to probate commissioner’s reports and recommendations.

Rule 4.06. Objections to probate commissioner’s reports and recommendations.

  • (a) Within 10 judicial days after being served with a copy of the report, any party may file with the clerk of the court and serve on the probate judge and the other parties a written request for judicial review of the matter by the probate judge, together with specific written objections to the recommendations set forth in the probate commissioner’s report and any additional points and authorities. Such judicial review will be subject to review by the probate judge. A courtesy copy of the written request or objection shall be delivered to the probate judge at the time of service on all other parties.

    (b) Upon filing of a timely request for judicial review, the matter will be transferred to the probate judge and be placed by the clerk of the court for hearing before the probate judge. Unless otherwise ordered by the probate judge, the hearing shall be set on the next available probate calendar but no less than 20 days from the date of filing the request.

    (c) Within 10 judicial days after the service of the written objections, the opposing party may file an opposition thereto, together with a memorandum of points and authorities, if any, stating reasons showing why the relief requested should be denied. A moving party may file a reply memorandum of points and authorities not later than 5 judicial days before the matter is set for hearing.

    (d) Failure to file and serve such request and written objections within the 10-day period will result in the automatic affirmance of the probate commissioner’s recommendation by the probate judge.

          [Added; effective September 2, 2014.]