Eighth Judicial Court Rules

Rule 4.07 – Judicial review by probate judge of probate commissioner’s reports and recommendations.

Rule 4.07. Judicial review by probate judge of probate commissioner’s reports and recommendations.

  • (a) Judicial review of a final recommendation of the probate commissioner will be confined to the record, together with the specific written objections.

    (b) On judicial review of cases concerning alleged irregularities in procedure of a contested probate matter heard by the probate commissioner that are not shown in the record, the probate judge may receive evidence concerning the alleged irregularities, including allegations of ex parte communications between the probate commissioner and a party or any other irregularities that would tend to diminish the public’s confidence in the court’s independence, impartiality, and/or integrity.

    (c) Pending the probate judge’s review of any objection to the probate commissioner’s report, parties shall refrain from taking any action inconsistent with the probate commissioner’s recommendations, unless otherwise ordered by the probate judge. The probate judge may affirmatively enforce the probate commissioner’s recommendation pending the probate judge’s review.

          [Added; effective September 2, 2014.]