SB 738

This bill establishes specific procedures and parameters for seeking de novo

review of a court commissioner's determination, order, or ruling in an action affecting

the family. The bill maintains current law standards that allow a party to have a

determination, order, or ruling of a circuit court commissioner reviewed by the circuit

court judge of the branch to which the case is assigned by holding a hearing de novo,

but the bill adds specific requirements for the review. Under the bill, a party must

be present at the hearing in order to seek a de novo review, and de novo review does

not apply to any stipulations entered into between the parties. The bill provides that

a notice requesting a hearing de novo does not stay a court commissioner's order

unless the court specifically grants a stay of that order.

Under the bill, a party must file a motion for a hearing de novo within 20

calendar days of the court commissioner's oral ruling or, if there was no oral ruling,

within 20 calendar days of the mailing of the commissioner's written decision or

order. With the exception of certain rulings involving relocating a child's residence,

the court must hold a hearing de novo no later than 60 days from the date the motion

for a hearing de novo is filed.