Eighth Judicial Court Rules

Rule 4.08 – Transfer to the probate judge.

Rule 4.08. Transfer to the probate judge.

  • In any matter referred to the probate commissioner, each party is entitled, as a matter of right, to have any contested matter heard before the probate judge provided that the probate commissioner has not made any ruling on such contested matter or commenced hearing such contested matter. A party wishing to exercise such right shall make the request to the probate commissioner in writing or orally prior to commencing the hearing on any contested matter. The probate commissioner shall place the matter on the probate judge’s calendar for hearing before the probate judge at the probate judge’s next available hearing date. The probate judge may, upon resolution of the contested matter, return the case to the probate commissioner’s calendar or retain the case at the discretion of the probate judge.

          [Added; effective September 2, 2014.]