Section 2.43 Setting Aside Decree or Annulling Decree

• Library: Adoption Law and Practice 2014 Supp

X. (§2.43) Setting Aside Decree or Annulling Decree

The court retains control over its judgment during the 30-day period after entry of judgment. After giving the parties an opportunity to be heard and for good cause, the court may on its own initiative vacate, reopen, correct, or amend its judgment within that time. Rule 75.01. The court may also amend or modify any judgment upon timely motion and notice by any party. Rule 78.07(c). The motion must be filed no later than 30 days after entry of judgment. Rule 78.04. If the court does not rule on the motion within 90 days after the date it is filed, the motion is deemed to be denied for all purposes. Rule 78.06. After the filing of notice of appeal and before the filing of the transcript on appeal in the appellate court, the court, in its discretion, even after expiration of the 30-day period, may vacate or amend its judgment upon stipulation of the parties accompanied by a withdrawal of the appeal. Rule 75.01.

Except as provided above, after expiration of the 30-day period following entry of an adoption judgment and decree, the decree may be vacated only by a timely direct appeal to the appellate court or by a timely petition for review under §§ 511.170–511.230, RSMo 2000, an independent collateral proceeding to vacate and set aside the judgment of adoption under Rule...