Rule 96.16.Clerk to Give Notice of Filing of Report--Exceptions to Report, When Filed.

Rule 96.16 governs what happens immediately after the commissioners file their report under Rule 96.15. The clerk of the court must notify the parties that the filing occurred, using the method Rule 43.01 provides, or by posting the notice in the clerk's office if that is not possible. The clerk then files a certificate documenting the time and manner of serving all such notices, creating a clear record of when each party's opportunity to respond began.

Once notified, any party has thirty days from service or posting to file written exceptions challenging the commissioners' report. This window gives an owner who disagrees with the proposed division, or with a finding that partition cannot be made, a formal chance to raise objections before the report becomes final.

The court then has two options. For good cause, it may set aside the report entirely and appoint new commissioners to try again. Or it may confirm the report as filed and enter judgment on it, making the division final. Either way, the rule directs the court to allow the commissioners reasonable compensation for their services, which gets taxed as costs — consistent with the compensation scheme set out in Rule 96.13. This rule was amended effective January 1, 1994.