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Yes. This is one of the requirements.
What is the Rule 53 Waiver?
How do I include these in my divorce documents? I was told to update the forms and note Amendment on top of the forms.
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My name isXXXXX am a licensed, practicing Attorney with 25 years experience, since the other expert opted out, I would like to help, if I may.
The Judge was referring to Rule 8.6 of the Uniform Chancery Court Rules which requires each party to notify the other of any change of address, so that each party knows where the child, or children are at any given time. The paragraphs below, A through C are taken directly from Rule 8.6, therefore, the language should be acceptable tothe Judge.
A. Each party herein shall immediately notify the other in writing of any change of address and shall include the full address, including the state, city, street, house number, and telephone number, unless excused in writing by the Court.
B. Within five days of a party changing his/her address, he/she shall, so long as the child or children remain minors, notify in writing the Clerk of the Court which has entered the order providing for custody and visitation, of his/her full new address and shall furnish the other party a copy of such notice. The notice shall include the Court file number. The Clerk shall docket and file such notice in the cause.
C. In the event of a threat, disaster, or other emergency, such as a hurricane, which causes an emergency evacuation, any party who has custody of a minor child (physical custody or while exercising visitation) has a duty to notify the other parent of the location and well being of the minor(s) as soon as reasonably possible.
BONUS is always appreciated
That is the only way I get paid
ANDREA, JD, LLM
MEMBER, NY & PA BAR
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Is 8.6 the same as 8.06?
Is 8.6 the "Rule 53 Waiver"?
And, can I just add an extra document with the rule verbiage in it alongwith certified signatures?
Sorry, I left out the "0" by mistake. I meant to write "Rule 8.06".
From your statement, it appears that the Judge wants the Divorce Decree to contain that language which means the language should be in the body of the Divorce Decree
I cannot find any reference to a "Rule 53"; Rule 8.06 is the only Rule which refers to the obligation of the parties regarding change of address notification. This is all that you will need, but you can call the Judge's clerk in his chambers and tell him or her what you have. Let me give you a link to the website which contains the Chancery Court Rules and you can see for yourself that there is no Tule 53:
In the meantime, I would appreciate it if you would press the "Accept" button so that I receive credit for helping you, that is the only way I get paid.
I found Rule 53, but it was not under the "Divorce" heading.
Did you appear before a Master at any time during the fivorce proceedings ?
We went before a judge
Mississippi Rules of Civil Procedure
(1) Scope. Unless a statute provides otherwise, a court may appoint a master only to:
(A) perform duties consented to by the parties;
(B) hold trial proceedings and make or recommend findings of fact on issues to be decided without a jury if appointment is warranted by:
(i) some exceptional condition; or
(ii) the need to perform an accounting or resolve a difficult computation of damages; or
(C) address pretrial and posttrial matters that cannot be effectively and timely addressed by an available district judge or magistrate judge of the district.
(2) Disqualification. A master must not have a relationship to the parties, attorneys, action, or court that would require disqualification of a judge under 28 U.S.C. § 455, unless the parties, with the court's approval, consent to the appointment after the master discloses any potential grounds for disqualification.
(3) Possible Expense or Delay. In appointing a master, the court must consider the fairness of imposing the likely expenses on the parties and must protect against unreasonable expense or delay.
(b) Order Appointing a Master.
(1) Notice. Before appointing a master, the court must give the parties notice and an opportunity to be heard. Any party may suggest candidates for appointment.
(2) Contents. The appointing order must direct the master to proceed with all reasonable diligence and must state:
(A) the master's duties, including any investigation or enforcement duties, and any limits on the master's authority under Rule 53(c);
(B) the circumstances, if any, in which the master may communicate ex parte with the court or a party;
(C) the nature of the materials to be preserved and filed as the record of the master's activities;
(D) the time limits, method of filing the record, other procedures, and standards for reviewing the master's orders, findings, and recommendations; and
(E) the basis, terms, and procedure for fixing the master's compensation under Rule 53(g).
(3) Issuing. The court may issue the order only after:
(A) the master files an affidavit disclosing whether there is any ground for disqualification under 28 U.S.C. § 455; and
(B) if a ground is disclosed, the parties, with the court's approval, waive the disqualification.
(4) Amending. The order may be amended at any time after notice to the parties and an opportunity to be heard.
(c) Master's Authority.
(1) In General. Unless the appointing order directs otherwise, a master may:
(A) regulate all proceedings;
(B) take all appropriate measures to perform the assigned duties fairly and efficiently; and
(C) if conducting an evidentiary hearing, exercise the appointing court's power to compel, take, and record evidence.
(2) Sanctions. The master may by order impose on a party any noncontempt sanction provided by Rule 37 or 45, and may recommend a contempt sanction against a party and sanctions against a nonparty.
(d) Master's Orders. A master who issues an order must file it and promptly serve a copy on each party. The clerk must enter the order on the docket.
(e) Master's Reports. A master must report to the court as required by the appointing order. The master must file the report and promptly serve a copy on each party, unless the court orders otherwise.
(f) Action on the Master's Order, Report, or Recommendations.
(1) Opportunity for a Hearing; Action in General. In acting on a master's order, report, or recommendations, the court must give the parties notice and an opportunity to be heard; may receive evidence; and may adopt or affirm, modify, wholly or partly reject or reverse, or resubmit to the master with instructions.
(2) Time to Object or Move to Adopt or Modify. A party may file objections to-or a motion to adopt or modify-the master's order, report, or recommendations no later than 21 days after a copy is served, unless the court sets a different time.
(3) Reviewing Factual Findings. The court must decide de novo all objections to findings of fact made or recommended by a master, unless the parties, with the court's approval, stipulate that:
(A) the findings will be reviewed for clear error; or
(B) the findings of a master appointed under Rule 53(a)(1)(A) or (C) will be final.
(4) Reviewing Legal Conclusions. The court must decide de novo all objections to conclusions of law made or recommended by a master.
(5) Reviewing Procedural Matters. Unless the appointing order establishes a different standard of review, the court may set aside a master's ruling on a procedural matter only for an abuse of discretion.
(1) Fixing Compensation. Before or after judgment, the court must fix the master's compensation on the basis and terms stated in the appointing order, but the court may set a new basis and terms after giving notice and an opportunity to be heard.
(2) Payment. The compensation must be paid either:
(A) by a party or parties; or
(B) from a fund or subject matter of the action within the court's control.
(3) Allocating Payment. The court must allocate payment among the parties after considering the nature and amount of the controversy, the parties' means, and the extent to which any party is more responsible than other parties for the reference to a master. An interim allocation may be amended to reflect a decision on the merits.
(h) Appointing a Magistrate Judge. A magistrate judge is subject to this rule only when the order referring a matter to the magistrate judge states that the reference is made under this rule.
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