Section 487.090

Title XXXII COURTS

Chapter 487

Effective - 28 Aug 1999   

  487.090.  Transfer of certain actions. — 1.  In criminal actions where the defendant and the victim are part of the same family unit, the judge of the division in which the criminal case is pending may only transfer such case to the family court if it is in the interests of justice to all parties, the rights of the defendant, and the interests of the family.  Such transfer shall only be made when the judge of the division in which the criminal case is pending and the administrative judge of the family court approve such transfer.

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

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

  4.  The judge of the probate division may transfer a guardianship proceeding wherein a guardian of a minor is requested under chapter 475 to the family court.  If transferred, the family court shall have jurisdiction over such proceeding including the appointment of a guardian or conservator, if requested.  Provided, however, upon final judgment, the proceeding shall be transferred to the probate division for administration.  After final judgment, the judge of the probate division shall have ongoing authority to transfer the proceeding to the family court for additional action as may be needed to further the interests of justice.

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