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WHAT GOVERNS STATE DISTRICT COURT CIVIL PRACTICE AND PROCEDURE APPENDIX B

General Rule of Practice Timing After Amendment Change
377.10 – Rules of Family Court Within 7 days of receipt of an order issued as • 5 days changed to 7 days
SAMPLE
Procedure; Expedited Child Support a result of a motion to correct clerical mistakes,
Process; Proceedings; Review and motion for review, or combined motion, the court
Appeal; Procedure on a Motion to administrator shall serve a notice of the filing of
Correct Clerical Mistakes, Motion for the order or a notice of the entry of judgment upon
Review, or Combined Motion; Notice each party.
of Order or Judgment
410(a) & (b) – Probate Rules; 28 days must have elapsed since the date of • 30 days to 28 days
Transfer of Real Estate issuance of letters to an informally appointed per-
sonal representative before the personal repre-
sentative shall provide transferee or distributee of
real property with a certified copy of unrestricted
letters.
416(b) – Probate Rules; Visitors in guardianship or conservatorship • 5 days changed to 7 days
Guardianship and proceedings shall advise the proposed ward or
Conservatorships; Visitors in conservatee that a report will be filed at least 7
Guardianship and Conservatorship days before the hearing.
Proceedings
418(c) – Probate Rules; Deposit of A required copy of the letters of guardianship or • 30 days changed to 28
Wills; Examination by Guardian or conservatorship shall be certified by the issuing days
Conservator court within 28 days of the request to review the
will.
508 – Conciliation Court Rules; A trial date shall not be less than 14 days from the • 10 days changed to 14
Summons; Trial Date date of mailing or service of the summons. days
509(b) & (d) – Conciliation Court A defendant must assert a counterclaim not • 5 days changed to 7 days
Rules; Counterclaim; Assertion of less than 7 days before the date set for trial. No
Counterclaim; Late Filing counterclaim shall be heard if it is filed less than 7
days before the trial date except by the permis-
sion of a judge, who has discretion to allow a filing
within a 7-day period.
510(a) & (b) – Conciliation Court A court administrator shall strike a plaintiff’s action • 5 days changed to 7 days
Rules; Counterclaim in Excess of from the conciliation court calendar if, not less • 30 days changed to 28
Court’s Jurisdiction than 7 days of the date set for trial, a defendant days
files an affidavit stating that a counterclaim is
beyond a monetary jurisdiction of conciliation. The
plaintiff’s action shall be subject to reinstatement
on the trial calendar at any time after 28 days
and up to 3 years, upon filing by the plaintiff of an
affidavit showing the plaintiff has not been served
with a summons by the defendant.
515 – Conciliation Court Rules; A court administrator’s entry of a judgment • 20 days changed to 21
Entry of Judgment becomes finally effective 21 days after transmis- days
sion of the notice of entry of judgment.
519 – Conciliation Court Rules; No transcript of judgment of conciliation court pay- • 20 days changed to 21
Docketing of Judgment Payable in able in installments shall be issued and filed until days
Installments 21 days after default in payment of an installment
due.
520(a) & (b) – Conciliation Court A judge within 21 days after notice of a default • 20 days changed to 21
Rules; Vacation of Judgment Order judgment or judgment of dismissal on the merits, days
and Judgment may vacate a default judgment ex parte on a
proper showing by a defaulting party of a lack
of notice, mistake, inadvertence, or excusable
neglect.

APPENDIX 1-43 Updated 2020