☰ Revisor of Missouri


Chapter 487

< > Effective - 28 Aug 1999    bottom

  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.


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

---- end of effective  28 Aug 1999 ----

use this link to bookmark section  487.090

Click here for the Reorganization Act of 1974 - or - Concurrent Resolutions Having Force & Effect of Law
In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions End Report

Site changes Pictures Contact

Other Links
Legislative Research Oversight MOLIS
Library MO WebMasters
Missouri Senate
State of Missouri
Missouri House