Eighth Judicial Court Rules

Rule 4.05 – Probate commissioner’s reports and recommendations.

Rule 4.05. Probate commissioner’s reports and recommendations.

  • (a) Within a reasonable time after the evidence presented is closed in a contested matter that is heard by the probate commissioner, the probate commissioner shall file his or her report setting forth written findings of fact, recommended conclusions of law, and recommended form of order, which shall also be served on the parties entitled to notice.

    (b) The probate commissioner may direct counsel for a party to prepare the report, which shall be delivered to the probate commissioner no later than 10 judicial days after the probate commissioner so directs, unless the probate commissioner shall designate some other time period. In contested proceedings, such attorney shall serve a copy of the proposed report upon counsel for all parties who have appeared at the hearing and are affected by the report, unless otherwise directed by the probate commissioner, and submit proof of such service to the probate commissioner with the proposed report. Except when the probate commissioner believes it is appropriate to immediately enter the report, the probate commissioner will wait 5 judicial days before entering the report to enable the submission of a competing report by counsel for another party.

    (c) Promptly upon the probate commissioner’s execution of the proposed report, the attorney charged with drafting the report shall serve a copy of the report on all parties. If the probate commissioner drafts the report, the probate commissioner may effect service or direct one of the parties to perfect service of the same. The report is deemed received 3 judicial days after mailing to a party or a party’s attorney or on the day a copy of the report is hand-delivered to a party or a party’s attorney as demonstrated by an executed receipt.

    (d) The parties may stipulate to immediate entry of an order on the probate commissioner’s recommendation.

          [Added; effective September 2, 2014.]