210.838. Pretrial recommendation--actions, effect of party's refusal to accept.
Pretrial recommendation--actions, effect of party's refusal to accept.
210.838. 1. If a pretrial hearing is conducted undersection 210.832, the master conducting the hearing shall, on thebasis of the information at the pretrial hearing, evaluate theprobability of determining the existence or nonexistence of thefather and child relationship in a trial and whether a judicialdeclaration of the relationship would be in the best interests ofthe child. On the basis of the evaluation, an appropriaterecommendation for settlement shall be made to the parties, whichmay include either of the following:
(1) That the action be dismissed with or without prejudice;or
(2) That the alleged father voluntarily acknowledge hispaternity of the child.
2. If the parties accept a recommendation made in accordancewith subsection 1 of this section, judgment shall be enteredaccordingly.
3. If a party refuses to accept a recommendation made undersubsection 1 of this section, and blood tests have not beentaken, the court shall require the parties to submit to bloodtests, if practicable. Thereafter, the master shall make anappropriate final recommendation. If a party refuses to acceptthe final recommendation, the action shall be set for trial.
4. The guardian ad litem may accept or refuse to accept arecommendation under this section.
5. The informal hearing may be terminated and the action setfor trial if the master conducting the hearing finds it unlikelythat all parties would accept a recommendation he might makeunder subsection 1 or 3 of this section.
(L. 1987 S.B. 328 § 13)Effective 7-15-87